HOUSE BILL NO. 3142 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PARKER.
6570H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 160.2705, 210.203, 210.211, 210.221, 210.231, 210.245, 210.252, and 210.256, RSMo, and to enact in lieu thereof nine new sections relating to summer and day camps, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.2705, 210.203, 210.211, 210.221, 210.231, 210.245, 2 210.252, and 210.256, RSMo, are repealed and nine new sections enacted in lieu thereof, to 3 be known as sections 160.2705, 210.203, 210.211, 210.214, 210.221, 210.231, 210.245, 4 210.252, and 210.256, to read as follows: 160.2705. 1. The department of social services shall authorize Missouri-based 2 nonprofit organizations meeting the criteria of this section to establish and operate up to five 3 adult high schools, with: 4 (1) One adult high school to be located in a city not within a county; 5 (2) One adult high school to be located in a county of the third classification without a 6 township form of government and with more than forty-one thousand but fewer than forty- 7 five thousand inhabitants or a county contiguous to that county; 8 (3) One adult high school to be located in a county of the first classification with 9 more than two hundred sixty thousand but fewer than three hundred thousand inhabitants or a 10 county contiguous to that county; 11 (4) One adult high school to be located in a county of the first classification with 12 more than one hundred fifty thousand but fewer than two hundred thousand inhabitants; and 13 (5) One adult high school to be located in a county with more than seven hundred 14 thousand but fewer than eight hundred thousand inhabitants, or a contiguous county.
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. HB 3142 2
15 2. The department of social services shall administer funding to adult high schools 16 subject to appropriations. The department shall be responsible for granting and maintaining 17 authorization for adult high schools. For adult high schools in operation prior to January 1, 18 2023, the department shall maintain authorization for the nonprofit organization to operate the 19 schools, subject to compliance with this section. No more than one organization shall be 20 authorized to operate an adult high school at each location described in subsection 1 of this 21 section. An organization may establish satellite campuses for any adult high school it is 22 authorized to operate. The department shall administer funding for satellite campuses subject 23 to appropriations. 24 3. On or before January 1, 2024, the department of social services shall select an 25 eligible Missouri-based nonprofit organization to operate in a location described in 26 subdivision (5) of subsection 1 of this section. An eligible organization shall: 27 (1) Demonstrate the ability to establish, within twenty-one months of the receipt of 28 the authorization, an adult high school offering high school diplomas, an industry certification 29 program or programs, and child care for children of the students attending the high schools; 30 (2) Demonstrate the ability to commit at least five hundred thousand dollars for the 31 purpose of establishing the necessary infrastructure at the adult high school; 32 (3) Demonstrate substantial and positive experience in providing services, including 33 industry certifications and job placement services, to adults eighteen years of age or older 34 whose educational and training opportunities have been limited by educational disadvantages, 35 disabilities, homelessness, criminal history, or similar circumstances; 36 (4) Establish a partnership with a state-supported postsecondary education institution 37 or more than one such partnership, if a partnership or partnerships are necessary in order to 38 meet the requirements for an adult high school; 39 (5) Establish a comprehensive plan that sets forth how the adult high schools will help 40 address the need for a sufficiently trained workforce in the surrounding region for each adult 41 high school; 42 (6) Establish partnerships and strategies for engaging the community and business 43 leaders in carrying out the goals of each adult high school; 44 (7) Establish the ability to meet quality standards through certified teachers and 45 programs that support each student in such student's goal to find a more rewarding job; 46 (8) Establish a plan for assisting students in overcoming barriers to educational 47 success including, but not limited to, educational disadvantages, homelessness, criminal 48 history, disability, including learning disability such as dyslexia, and similar circumstances; 49 (9) Establish a process for determining outcomes of the adult high school, including 50 outcomes related to a student's ability to find a more rewarding job through the attainment of 51 a high school diploma and job training and certification; and HB 3142 3
52 (10) Limit the administrative fee to no more than ten percent. 53 4. (1) The department of elementary and secondary education shall establish 54 academic requirements for students to obtain high school diplomas. 55 (2) Requirements for a high school diploma shall be based on an adult student's prior 56 high school achievement and the remaining credits and coursework that would be necessary 57 for the student to receive a high school diploma if such student were in a traditional high 58 school setting. The adult student shall meet the requirements with the same level of academic 59 rigor as would otherwise be necessary to attain such credits. 60 (3) The adult high school authorized under this section shall award high school 61 diplomas to students who successfully meet the established academic requirements. The 62 adult high school authorized under this section shall confer the diploma as though the student 63 earned the diploma at a traditional high school. The diploma shall have no differentiating 64 marks, titles, or other symbols. 65 (4) Students at adult high schools may complete required coursework at their own 66 pace and as available through the adult high school. They shall not be required to satisfy any 67 specific number of class minutes. The adult high school may also make classes available to 68 students online as may be appropriate. However, students shall not complete the majority of 69 instruction of the school's curriculum online or through remote instruction. For the purposes 70 of this subsection, synchronous instruction connecting students to a live class conducted in a 71 Missouri adult high school shall be treated the same as in-person instruction. 72 (5) The department of elementary and secondary education shall not create additional 73 regulations or burdens on the adult high school or the students attending the adult high 74 schools beyond certifying necessary credits and ensuring that students have sufficiently 75 mastered the subject matter to make them eligible for credit. 76 5. An adult high school shall be deemed a secondary school system for the purposes 77 of subdivision [(16)] (15) of subsection 1 of section 210.211. 210.203. The department of elementary and secondary education shall maintain a 2 record of substantiated, signed parental complaints against child care facilities, summer 3 camps, or day camps licensed pursuant to this chapter, and shall make such complaints and 4 findings available to the public upon request. 210.211. 1. It shall be unlawful for any person to establish, maintain or operate a 2 child care facility, or for any person or organization to establish, maintain, or operate a 3 summer camp or day camp, for children, or to advertise or hold himself or herself out as 4 being able to perform any of the services as defined in section 210.201, without having in 5 effect a written license granted by the department of elementary and secondary education; 6 except that nothing in sections 210.203 to 210.245 shall apply to: HB 3142 4
7 (1) Any person who is caring for six or fewer children, including a maximum of three 8 children under the age of two, at the same physical address. For purposes of this subdivision, 9 children who live in the caregiver's home and who are eligible for enrollment in a public 10 kindergarten, elementary, or high school shall not be considered in the total number of 11 children being cared for; 12 (2) Any person who receives free of charge, and not as a business, for periods not 13 exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or 14 children of personal friends of such person, and who receives custody of no other unrelated 15 child or children; 16 (3) Any graded boarding school that is conducted in good faith primarily to provide 17 education; 18 (4) [Any summer or day camp that is conducted in good faith primarily to provide 19 recreation; 20 (5)] Any hospital, sanitarium, or home that is conducted in good faith primarily to 21 provide medical treatment or nursing or convalescent care for children; 22 [(6)] (5) Any residential facility or day program licensed by the department of mental 23 health under sections 630.705 to 630.760 that provides care, treatment, and habilitation 24 exclusively to children who have a primary diagnosis of mental disorder, mental illness, 25 intellectual disability, or developmental disability, as those terms are defined in section 26 630.005; 27 [(7)] (6) Any school system as defined in section 210.201; 28 [(8)] (7) Any Montessori school as defined in section 210.201; 29 [(9)] (8) Any business that operates a child care program for the convenience of its 30 customers or its employees if the following conditions are met: 31 (a) The business provides child care for customers' or employees' children for no 32 more than four hours per day; and 33 (b) Customers or employees remain on site while their children are being cared for by 34 the business establishment; 35 [(10)] (9) Any home school; 36 [(11)] (10) Any religious organization academic preschool or kindergarten for four- 37 and five-year-old children; 38 [(12)] (11) Any weekly Sunday or Sabbath school, a vacation bible school, or child 39 care made available while the parents or guardians are attending worship services or other 40 meetings and activities conducted or sponsored by a religious organization; 41 [(13)] (12) Any neighborhood youth development program under section 210.278; 42 [(14)] (13) Any program serving only children enrolled in grade six or above; 43 [(15)] (14) Any religious organization elementary or secondary school; HB 3142 5
44 [(16)] (15) Any private organization elementary or secondary school system 45 providing child care to children younger than school age. If a facility or program is exempt 46 from licensure based upon this exception, such facility or program shall submit 47 documentation annually to the department to verify its licensure-exempt status; 48 [(17)] (16) Any nursery school as defined in section 210.201; 49 [(18)] (17) Any child care facility maintained or operated under the exclusive control 50 of a religious organization not including summer camps or days camps as defined in 51 section 210.201. If a nonreligious organization having as its principal purpose the provision 52 of child care services enters into an arrangement with a religious organization for the 53 maintenance or operation of a child care facility, the facility is not under the exclusive control 54 of the religious organization; and 55 [(19)] (18) Any FPE school. 56 2. Notwithstanding the provisions of subsection 1 of this section, no child care facility 57 shall be exempt from licensure if such facility receives any state or federal funds for 58 providing care for children, except for federal funds for those programs which meet the 59 requirements for participation in the Child and Adult Care Food Program pursuant to 42 60 U.S.C. Section 1766. Grants to parents for child care pursuant to sections 210.201 to 210.257 61 shall not be construed to be funds received by a person or facility listed in subdivisions (1) 62 and (18) of subsection 1 of this section. 63 3. Every child care facility, summer camp, or day camp shall disclose the licensure 64 status of the facility or camp to the parents or guardians of children for which the facility 65 provides care or for which the camp provides a recreational program. No child care 66 facility exempt from licensure shall represent to any parent or guardian of children for which 67 the facility provides care that the facility is licensed when such facility is in fact not licensed. 68 A parent or guardian utilizing an unlicensed child care facility shall sign a written notice 69 indicating he or she is aware of the unlicensed status of the facility. The facility shall keep a 70 copy of this signed written notice on file. All child care facilities shall provide the parent or 71 guardian enrolling a child in the facility with a written explanation of the disciplinary 72 philosophy and policies of the child care facility. 73 4. Up to two children who are five years of age or older and who are related within 74 the third degree of consanguinity or affinity to, adopted by, or under court appointed 75 guardianship or legal custody of a child care provider who is responsible for the daily 76 operation of a licensed family child care home that is organized as a corporation, association, 77 firm, partnership, limited liability company, sole proprietorship, or any other type of business 78 entity in this state shall not be included in the number of children counted toward the 79 maximum number of children for which the family child care home is licensed under section 80 210.221. If more than one member of the corporation, association, firm, partnership, limited HB 3142 6
81 liability company, or other business entity is responsible for the daily operation of the 82 licensed family child care home, then the related children of only one such member shall be 83 excluded. A family child care home caring for children not counted in the maximum number 84 of children, as permitted under this subsection, shall disclose this to parents or guardians on 85 the written notice required under subsection 3 of this section. If a family child care home 86 begins caring for children not counted in the maximum number of children after a parent or 87 guardian has signed the written notice required under subsection 3 of this section, the family 88 child care home shall provide a separate notice to the parent or guardian that the family child 89 care home is caring for children not counted in the maximum number of children for which 90 the family child care home is licensed and shall keep a copy of the signed notice on file. 91 5. Nothing in this section shall prevent the department from enforcing licensing 92 regulations promulgated under this chapter, including, but not limited to, supervision 93 requirements and capacity limitations based on the amount of child care space available. 94 6. Nothing in this section shall prevent the department from promulgating rules 95 or regulations relating to supervision requirements and capacity limitations for summer 96 camps or day camps. 210.214. 1. This section shall be known and may be cited as the "Summer and 2 Day Camp Emergency Response Act". 3 2. As used in this section, the following terms mean: 4 (1) "Cabin" or "cabins", structures used to provide temporary sleeping 5 quarters for campers; 6 (2) "Camper" or "campers", minors who are attending a summer camp or day 7 camp on a day care or boarding basis; 8 (3) "Commissioner", the commissioner of the department of elementary and 9 secondary education; 10 (4) "Department", the department of elementary and secondary education; 11 (5) "Flood plain", any area within a one-hundred-year flood plain, as designated 12 by the Federal Emergency Management Agency. "Flood plain" includes any area 13 removed from the one-hundred-year flood plain by a letter of map amendment, a letter 14 of map revision based on fill, or a substantially similar administrative process conducted 15 by the Federal Emergency Management Agency; 16 (6) "Floodway", an area identified on the most recent flood hazard map 17 published by the Federal Emergency Management Agency; 18 (7) "Governmental entity", this state or a state agency or political subdivision of 19 this state; 20 (8) "Minor", a person under eighteen years of age. 21 3. A person holding a license issued under this chapter shall: HB 3142 7
22 (1) Renew the license annually by submitting a renewal application on a date 23 determined by department rule on a form provided by the department; and 24 (2) Submit a renewal application no later than the thirtieth day after the date the 25 person: 26 (a) Alters the boundaries of a summer camp or day camp operated by the 27 person; or 28 (b) Completes any renovation to one or more existing cabins located on the 29 premises of the camp that: 30 a. Increases or decreases the number of beds in an affected cabin; or 31 b. Alters the method of ingress or egress to an affected cabin. 32 4. The department shall review the camper-to-counselor ratios for overnight 33 stays at summer camps, or day camps when applicable, and provide to the 34 commissioner recommendations regarding minimum camper-to-counselor ratios. The 35 commissioner, by rule, shall establish minimum camper-to-counselor ratios for 36 overnight stays at summer camps, or day camps when applicable. 37 5. (1) A summer camp or day camp operator shall include in a prominent place 38 on the summer camp's or day camp's publicly accessible internet website a clearly 39 marked link to the summer camp or day camp program web page on the department's 40 internet website for campers, parents, and camp staff and volunteers to use to report the 41 camp's noncompliance with this chapter. 42 (2) The department shall investigate each complaint filed with the department 43 for a summer camp or day camp to ensure that the summer camp or day camp operato