Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 2932
                               103RD GENERAL ASSEMBLY


                               INTRODUCED BY REPRESENTATIVE GRAGG.

     6443H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 167.019, 167.280, 173.355, 173.1102, 173.1104, 360.015, and 360.045,
            RSMo, and to enact in lieu thereof seven new sections relating to the treatment of
            religion by public institutions.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 167.019, 167.280, 173.355, 173.1102, 173.1104, 360.015, and
 360.045, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as
 sections 167.019, 167.280, 173.355, 173.1102, 173.1104, 360.015, and 360.045, to read as
 follows:
             167.019. 1. (1) A child-placing agency, as defined under section 210.481, shall
 promote educational stability for foster care children by considering the child's school
 attendance area when making placement decisions. The foster care pupil shall have the right
 to remain enrolled in and attend his or her school of origin pending resolution of school
 placement disputes or to return to a previously attended school in an adjacent district.
         (2) In the event that a best interest determination is not completed within ten days of a
 child's being placed in a foster care placement that is located in a school district other than the
 child's domicile school district prior to such placement, it shall be deemed that enrollment in
 the school district where the child resides as a result of such placement shall be in the best
 interest of the child for the purpose of the required best interest determination. This
 subdivision shall apply only to cases where the distance between the child's residential
 address as a result of the foster care placement and the school building that was the child's
 previous school in their domicile district is more than ten miles, or fifteen miles if the child is


     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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 receiving service from a special school district established under the provisions of sections
 162.670 to 162.999.
          2. Each school district shall accept for credit full or partial course work satisfactorily
 completed by a pupil while attending a public school[,] or nonpublic school[, or nonsectarian
 school] in accordance with district policies or regulations.
          3. If a pupil completes the graduation requirements of his or her school district of
 residence while under the jurisdiction of the juvenile court as described in chapter 211, the
 school district of residence shall issue a diploma to the pupil.
          4. School districts shall ensure that if a pupil in foster care is absent from school due
 to a decision to change the placement of a pupil made by a court or child placing agency, or
 due to a verified court appearance or related court-ordered activity, the grades and credits of
 the pupil shall be calculated as of the date the pupil left school, and no lowering of his or her
 grades shall occur as a result of the absence of the pupil under these circumstances.
          5. School districts, subject to federal law, shall be authorized to permit access of pupil
 school records to any child placing agency for the purpose of fulfilling educational case
 management responsibilities required by the juvenile officer or by law and to assist with the
 school transfer or placement of a pupil.
          6. Any rule or portion of a rule, as that term is defined in section 536.010, that is
 created under the authority delegated in this section shall become effective only if it complies
 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
 This section and chapter 536 are nonseverable and if any of the powers vested with the
 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
 rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid
 and void.
              167.280. 1. Within the amounts appropriated therefor, the state board of education
 shall award funds for the purpose of providing support services to pupils enrolled in public
 and nonpublic schools who are identified as having a high risk of dropping out of school.
 Such awards shall be made on a competitive basis to public institutions of higher education or
 consortia of public institutions in cooperation with school districts and not-for-profit
 community-based organizations. In areas of the state where public institutions of higher
 education are unable to provide appropriate services to high school pupils, the state board
 may award funds to not-for-profit community-based organizations in cooperation with school
 districts.
          2. All applications for funds shall include the following program elements:
          (1) A program for identifying pupils who are at risk of dropping out of school as
 measured by academic performance, attendance, discipline problems, and other factors
HB 2932                                             3

 affecting school performance including, but not limited to, teenage pregnancy or parenting,
 residence in a homeless shelter or other temporary living arrangement, substance abuse, child
 abuse or neglect, or limited English proficiency;
          (2) A program for encouraging the use of volunteers and promoting parent
 involvement as counselors in programs;
          (3) A program to provide for continuity of services throughout a pupil's progression
 through secondary school.
          3. In awarding such funds, the state board shall give priority to applications that:
          (1) Provide services to pupils identified according to criteria established by the state
 board of education as in need of assistance;
          (2) Replicate model programs of proven effectiveness which the state board of
 education has identified and has made available to applicants;
          (3) Demonstrate a high level of institutional commitment to programs in fields of
 counseling, including education, social work, psychology and sociology, and the extent to
 which such institutions shall involve faculty members and graduate or professional students
 from such degree programs;
          (4) Demonstrate a high level of commitment to provide services and ensure
 continuity of services until such pupils graduate from high school or receive a high school
 equivalency diploma.
          4. In awarding funds the state board of education may consider any matching funds
 that the public institutions of higher education, the not-for-profit community-based
 organizations, and the school districts may contribute, which may include gifts or bequests
 from private sources, federal financial aid, or local revenues generated for this purpose.
          5. [Services for nonpublic school pupils shall be provided at sites other than sectarian
 nonpublic schools.
          6.] Funds available under this section shall be used for compensatory and support
 services to pupils who are identified by the schools as being at risk of dropping out of school.
 Such services to be provided under this section may include skills assessment, tutoring,
 academic and personal counseling, family counseling and home visits, and staff development
 activities for personnel with direct responsibility for such pupils.
          [7.] 6. Allowable costs under this program may include, but need not be limited to,
 salaries of personnel including graduate student stipends, transportation costs for pupils and
 program personnel, instructional materials, reimbursement to school districts for release time
 granted to employees while participating in the planning and development activities funded
 pursuant to this section, training of program personnel, and costs related directly to
 administration of the program.
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        [8.] 7. The state board of education shall promulgate all rules and regulations for the
implementation of this section.
            173.355. As used in sections 173.350 to 173.450, the following terms mean:
        (1) "Asset of the authority", any asset or investment of any kind owned by the
authority, including, but not limited to, any student loan, any income or revenues derived
from any asset or investment owned by the authority, any funds, income, fees, revenues,
proceeds of all bonds or other forms of indebtedness, and proceeds of the sale or liquidation
of any such asset or investment;
        (2) "Authority", the Missouri higher education loan authority;
        (3) "Board", the Missouri coordinating board for higher education;
        (4) "Bond resolution", any indenture, resolution or other financing document pursuant
to which revenue bonds, notes or other forms of indebtedness of the authority are issued or
secured;
        (5) "Commissioner", the Missouri commissioner of higher education;
        (6) "Department", the Missouri department of higher education and workforce
development;
        (7) "Public colleges and universities", any public community college, public college,
or public university located in the state of Missouri;
        (8) "Secondary education loans", loans or notes originated by banks, other financial
institutions, secondary education institutions or the authority, the proceeds of which are to be
used to pay tuition for students enrolling for either junior or senior year at a secondary school
which is accredited in accordance with applicable state law. Such loans shall be available
only to the parents or guardians of those students who undertake courses of instruction for
which postsecondary school course credit may be awarded. [Loan proceeds will not be
available for any secondary school instruction which is sectarian in nature.]
            173.1102. 1. As used in sections 173.1101 to 173.1107, unless the context requires
otherwise, the following terms mean:
        (1) "Academic year", the period from July first of any year through June thirtieth of
the following year;
        (2) "Approved private institution", a nonprofit institution, dedicated to educational
purposes, located in Missouri which:
        (a) Is operated privately under the control of an independent board and not directly
controlled or administered by any public agency or political subdivision;
        (b) Provides a postsecondary course of instruction at least six months in length
leading to or directly creditable toward a certificate or degree;
        (c) Meets the standards for accreditation as determined by either the Higher Learning
Commission or by other accrediting bodies recognized by the United States Department of
HB 2932                                             5

 Education or by utilizing accreditation standards applicable to nondegree-granting institutions
 as established by the coordinating board for higher education; and
          (d) Does not discriminate in the hiring of administrators, faculty and staff or in the
 admission of students on the basis of race, color, religion, sex, or national origin and is in
 compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued
 pursuant thereto. Sex discrimination as used herein shall not apply to admission practices of
 institutions offering the enrollment limited to one sex;
          [(e) Permits faculty members to select textbooks without influence or pressure by any
 religious or sectarian source;]
          (3) "Approved public institution", an educational institution located in Missouri
 which:
          (a) Is directly controlled or administered by a public agency or political subdivision;
          (b) Receives appropriations directly or indirectly from the general assembly for
 operating expenses;
          (c) Provides a postsecondary course of instruction at least six months in length
 leading to or directly creditable toward a degree or certificate;
          (d) Meets the standards for accreditation as determined by either the Higher Learning
 Commission, or if a public community college created under the provisions of sections
 178.370 to 178.400 meets the standards established by the coordinating board for higher
 education for such public community colleges, or by other accrediting bodies recognized by
 the United States Department of Education or by utilizing accreditation standards applicable
 to the institution as established by the coordinating board for higher education;
          (e) Does not discriminate in the hiring of administrators, faculty and staff or in the
 admission of students on the basis of race, color, religion, sex, or national origin and is
 otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive
 orders issued pursuant thereto; and
          (f) Permits faculty members to select textbooks without influence or pressure by any
 religious or sectarian source;
          (4) "Approved virtual institution", an educational institution that meets all of the
 following requirements:
          (a) Is recognized as a qualifying institution by gubernatorial executive order, unless
 such order is rescinded;
          (b) Is recognized as a qualifying institution through a memorandum of understanding
 between the state of Missouri and the approved virtual institution;
          (c) Is accredited by a regional accrediting agency recognized by the United States
 Department of Education;
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         (d) Has established and continuously maintains a physical campus or location of
 operation within the state of Missouri;
         (e) Maintains at least twenty-five full-time Missouri employees, at least one-half of
 which shall be faculty or administrators engaged in operations;
         (f) Enrolls at least one thousand Missouri residents as degree- or certificate-seeking
 students;
         (g) Maintains a governing body or advisory board based in Missouri with oversight of
 Missouri operations;
         (h) Is organized as a nonprofit institution; and
         (i) Utilizes an exclusively competency-based education model;
         (5) "Coordinating board", the coordinating board for higher education;
         (6) "Financial assistance", an amount of money paid by the state of Missouri to a
 qualified applicant under sections 173.1101 to 173.1107;
         (7) "Full-time student", an individual who is enrolled in and is carrying a sufficient
 number of credit hours or their equivalent at an approved private, public, or virtual institution
 to secure the degree or certificate toward which he or she is working in no more than the
 number of semesters or their equivalent normally required by that institution in the program
 in which the individual is enrolled. This definition shall be construed as the successor to
 subdivision (7) of section 173.205 for purposes of eligibility requirements of other financial
 assistance programs that refer to section 173.205;
         (8) "Student aid index", the amount of money a student and family should pay toward
 the cost of postsecondary education as calculated by the United States Department of
 Education and reported on the student aid report or the institutional student information
 record.
         2. The failure of an approved virtual institution to continuously maintain all of the
 requirements in paragraphs (a) to (i) of subdivision (4) of subsection 1 of this section shall
 preclude such institution's students or applicants from being eligible for assistance under
 sections 173.1104 and 173.1105.
             173.1104. 1. An applicant shall be eligible for initial or renewed financial assistance
 only if, at the time of application and throughout the period during which the applicant is
 receiving such assistance, the applicant:
         (1) Is a citizen or a permanent resident of the United States;
         (2) Is a resident of the state of Missouri, as determined by reference to standards
 promulgated by the coordinating board; and
         (3) Is enrolled, or has been accepted for enrollment, as a full-time undergraduate
 student in an approved private, public, or virtual institution[; and
HB 2932                                              7

          (4) Is not enrolled or does not intend to use the award to enroll in a course of study
 leading to a degree in theology or divinity].
          2. If an applicant is found guilty of or pleads guilty to any criminal offense during the
 period of time in which the applicant is receiving financial assistance, such applicant shall not
 be eligible for renewal of such assistance, provided such offense would disqualify the
 applicant from receiving federal student aid under Title IV of the Higher Education Act of
 1965, as amended.
          3. Financial assistance shall be allotted for one academic year, but a recipient shall be
 eligible for renewed assistance until he or she has obtained a baccalaureate degree, provided
 such financial assistance shall not exceed a total of ten semesters or fifteen quarters or their
 equivalent. Standards of eligibility for renewed assistance shall be the same as for an initial
 award of financial assistance, except that for renewal, an applicant shall demonstrate a grade-
 point average of two and five-tenths on a four-point scale, or the equivalent on another scale.
 This subsection shall be construed as the successor to section 173.215 for purposes of
 eligibility requirements of other financial assistance programs that refer to section 173.215.
              360.015. As used in sections 360.010 to 360.140, unless the context clearly requires
 otherwise, the following terms mean:
          (1) "Authority", the health and educational facilities authority of the state of Missouri
 created by sections 360.010 to 360.140;
          (2) "Costs", as applied to health or educational facilities financed in whole or in part
 pursuant to the provisions of sections 360.010 to 360.140 includes the sum total of all
 reasonable or necessary expenses incidental to the acquisition, construction, reconstruction,
 repair, alteration, improvement, and extension of the facilities, including without limitation
 the expense of studies and surveys; land title and mortgage guaranty policies; architectural
 and engineering services; legal, organizational, marketing, or other special services;
 financing, acquiring, demolishing existing structures, constructing, equipping, and
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