SECLUSION AND RESTRAINT OF STUDENTS

Under this act, school discipline policies required under current law shall reserve confining a student in seclusion for situations or conditions in which there is an imminent danger of physical harm to the student or to another.

Beginning July 1, 2022, no school district, charter school, or publicly contracted private school shall use any mechanical, physical, or prone restraint technique which cause certain obstructions, impairments, physical pressure, danger, or pain, as listed in the act. A student who primarily uses sign language or an augmentative mode of communication shall be permitted to have his or her hands free for brief periods unless doing so appears likely to result in harm.

Before July 1, 2022, each school district's written policy addressing restrictive behavioral interventions shall be updated to be consistent with the act's prohibitions and limitations related to restraint techniques. The policy shall require students to be removed from seclusion or restraint as soon as the student is determined to no longer be an imminent danger of physical harm, shall require all personnel to annually review policies and procedures related to seclusion and restraint, and to require personnel who use seclusion or restraint to complete an annual training on permitted techniques.

The policy shall also require each use of seclusion or restraint to be monitored by a personnel member and for a report containing certain documentary and parental support information to be completed and retained. A copy of the report shall be provided to the parent within 5 days of the incident and to the Department of Elementary and Secondary Education within 30 days. The school shall attempt to notify the parent as soon as possible after the use of seclusion or restraint but at the latest no later than one hour after the end of the school day.

No public or charter school officer, administrator, or employee shall retaliate against a person for reporting a violation of the school's seclusion and restraint policy or a violation of the act or for providing information regarding a violation of the act.

The Department shall compile and maintain all reported seclusion or restraint incidents in its core data system and make such data available on the Missouri Comprehensive Data System, except for personally identifiable data.

By July 1, 2022, the Department shall updates its model policy related to the confinement of students to include the provisions of the act related to the written seclusion and restraint policies.

(Section 160.263)

These provisions are identical to HB 387 (2021) and are similar to HB 119 (2021), HB 1568 (2020), HB 1569 (2020) and to provisions in HCS/SS/SCS/SB 528 (2021), and HB 1023 (2019).

SHOW ME SUCCESS DIPLOMA PROGRAM

This act establishes the Show Me Success Diploma Program as an alternative pathway to graduation for high school students. Students may earn the show me success diploma beginning at the end of a student's tenth grade year. By July 1, 2022, the Department of Elementary and Secondary Education shall develop detailed requirements for students to become eligible for the show me success diploma.

Students who earn a show me success diploma may elect to remain in high school. Alternatively, a student having earned the diploma may instead enroll in a qualifying postsecondary educational institution. For each student enrolled in such an institution, an amount equal to ninety percent of the pupil's proportionate share of the state, local, and federal aid that the district or charter school receives for such pupil, shall be deposited into an account that lists the pupil as the beneficiary.

These provisions shall expire August 28, 2028.

(Section 160.560)

These provisions are substantially similar to provisions in SB 34 (2021).

EXTENDED LEARNING OPPORTUNITIES ACT

This act establishes the "Extended Learning Opportunities Act".

Beginning with the 2022-23 school year, the State Board of Education and each local school board shall routinely inform students and parents of the ability to earn credit through extended learning opportunities, which the act defines as out-of-classroom learning experiences approved by the State Board, a school board, or a charter school to provide enrichment, career readiness skills, or other approved educational opportunities.

State Board, public school, and charter school employees may assist students and parents in enrolling in such programs. Such opportunities shall not require the permission of the student's school so long as the student and at least one parent sign an agreement detailing all program requirements.

Extended learning opportunities shall count as credit toward graduation requirements and the achievement of state standards. Students shall submit a written request and proof of completion to a school administrator to receive credit.

The State Board shall adopt, and each local school district shall distribute and implement, policies related to the approval of extended learning opportunities by outside entities, a list of approved entities, a process for requesting credit, criteria for the approval of extended learning opportunities by districts and charter schools, and criteria for awarding a certificate of completion and credit.

Entities approved by the State Board shall be qualified to offer extended learning opportunities for all districts and charter schools.

A student awarded a certificate of completion and credit shall be considered to have completed all coursework for the particular course of study. Opportunities that satisfy all required coursework for a high school course shall count toward credit for graduation.

Policies and procedures adopted by the State Board and by schools shall provide students an equal opportunity to participate in extended learning opportunities and shall satisfy existing timelines and requirements for transcribing and reporting credits. (Section 160.565)

These provisions are identical to provisions in SCS/HS/HB 306 (2021).

ACCOMMODATIONS FOR BREAST-FEEDING

This act requires the Department of Elementary and Secondary Education to develop a model policy relating to accommodations for breast-feeding by January 1, 2022, and requires local school boards to adopt a written policy requiring school administrators to accommodating breast-feeding by July 1, 2022. The policy shall include a minimum of three opportunities during a school day, at two-our intervals, for the expression of breast milk or to breast-feed a child. Such accommodations shall be available for at least one year following the birth of the breast-feeding child, and extensions may granted by the school board. Each school building shall contain a room, as described in the act, for the expression of breast milk or to breast-feed a child. (Section 160.3005)

These provisions are similar to HB 1490 (2020) and HB 1279 (2020).

INFORMATION TO BE PUBLISHED ON DEPARTMENT WEBSITE

Within thirty days of receipt or publication, the Department of Elementary and Secondary Education shall maintain and publish on its website any data or report sent to the Department from any federal agency and the full text of all state administrative rules and regulations related to elementary and secondary education. Such information shall be accessible and searchable from various electronic communication devices as described in the act.

By December 31st in every even-numbered year, the State Auditor shall review the Department's website for compliance with this section. (Section 161.229)

These provisions are identical to provisions in SCS/SBs 55, 23, & 25 (2021).

READING SUCCESS

This act modifies current law regarding literacy and reading education.

Under this act, the State Board of Education shall require literacy and reading coursework for teacher education programs aligned to certification for teachers in early childhood, elementary, language arts, English, special reading, and special education, including the core components of reading, oral and written language development, identification of reading deficiencies and language difficulties, the administration of assessments, and the application of assessment data to the classroom. (Section 161.097)

This act also modifies provisions related to reading success plans, formerly known as reading intervention plans.

The State Board of Education, in collaboration with the Coordinating Board for Higher Education and the Literacy Advisory Council established under this act, shall develop a plan to establish a comprehensive system of services for reading instruction.

Each local school district and charter school shall have on file a policy for reading success plans for any pupils of the district in grades kindergarten through four, rather than through grade three. Each policy shall be aligned with the guidelines developed by the Department of Elementary and Secondary Education for reading success plans. Authority to develop guidelines to assist school districts and charter schools in formulating policies for reading success plans is transferred from the State Board of Education to the Department. Any guidelines for instruction shall meet the needs of the student by ensuring that instruction is explicit and systematic and diagnostic, and based on certain elements set forth in the act. Each school shall provide supplemental reading instruction under a reading success plan to any student who exhibits a reading deficiency.

Professional development and training on the requirements of these provisions shall be provided without cost to teachers and shall count toward professional development requirements for teacher certification and district- and school-level requirements. (Sections 167.263 and 167.268)

Each school district and charter school shall provide training on the administration of reading assessments to all K-5 teachers and any other personnel who provide literacy instruction.

Under current law, each school district and charter school shall administer a reading assessment to each student within 45 days of the end of the third-grade year, unless a student has been determined in the current school year to be reading at grade level or above. Under this act, each school district and charter school shall administer a reading assessment or set of assessments, which may include electronic assessments, to each student within the first 30 days of school for grades one through four, and by January 31 for kindergarten, unless a student has been determined in the previous school year to be reading at grade level or above. School districts and charter schools shall provide reading success plans to students with an individualized education plan (IEP) that have a reading deficiency, and to students receiving services under the Rehabilitation Act of 1973 whose services plan includes an element addressing reading.

This act repeals the requirement that school districts and charter schools design a reading success plan for the student's fourth-grade year if the student's third-grade reading assessment determines the student is reading below second-grade level. The provision is replaced with a requirement that school districts and charter schools offer a reading success plan to each K-4 student who exhibits a reading deficiency that has been identified as being at risk for dyslexia in the statewide dyslexia screening requirement, or has a formal diagnosis of dyslexia. The reading success plan shall be provided in addition to the core reading instruction provided to all students, and shall meet criteria set forth in the act.

If a student who is provided a reading success plan is determined to not be reading at or above grade level by the end of 2nd grade, the student shall receive structured literacy instruction as well as additional support and services. For students in grades 6-12, schools shall continue to address the reading deficiencies of any student for whom the deficiency creates a barrier to success in school.

A reading success plan shall be created no later than 45 days after the identification of a reading deficiency. Such plan shall be created by the teacher and other pertinent school personnel, along with the parent or legal guardian, and shall describe the evidence-based reading improvement services the student shall receive. The reading success plan shall specify if a student was found to be at risk for dyslexia in the statewide dyslexia screening requirement or if the student has a formal diagnosis of dyslexia.

Under current law, each student for whom a reading success plan has been designed shall be given another reading assessment to be administered within 45 days of the end of the student's fourth-grade year. If such student is determined to be reading below third-grade level, the student shall be required to attend summer school. This act repeals such requirement, and instead requires such student to be referred for an evaluation for an IEP plan and the district shall provide appropriate intensive structured literacy instruction on an individualized basis. If the student does not qualify for an IEP, the student shall continue to receive appropriate, intensive structured literacy instruction on an individualized basis until the student is reading at grade level.

Each school district and charter school is required to offer summer school reading instruction to any student with a reading success plan. Districts may fulfill the requirement through cooperative arrangements with neighboring districts.

The parent or legal guardian of any K-5 student who exhibits a deficiency in reading shall be notified as set forth in the act. (Section 167.645)

This act establishes the Literacy Advisory Council within the Department of Elementary and Secondary Education. The council shall include 12-20 members appointed by the Commissioner of Education. Members shall include stakeholders and specialists specified in the act. The advisory council shall meet biannually to review best practices in literacy instruction and related policies, and shall make recommendations to the Commissioner and the State Board of Education.

The Department, in conjunction with the Advisory Council, shall identify and create a list of approved materials, resources, and curriculum programs for public school districts and charter schools. A school district or charter school may use such materials, resources, and programs, or may use others which comply with the applicable reading and literacy requirements under the act. (Section 186.080)

These provisions are similar to SCS/SB 54 (2021), SB 304 (2021), SB 966 (2020), SCS/SB 349 (2019), HCS/SS/SB 218 (2019), SB 73 (2019), HCS/HB 464 (2019), HCS/SCS/SB 949 (2018), HB 1417 (2018).

SCHOOL INNOVATION WAIVERS

Under this act, any school intervention team, which shall mean a group of persons representing certain schools as set forth in the act, may submit a state innovation waiver plan to the State Board of Education for certain purposes, including improving student readiness for employment, higher education, vocational training, technical training, or any other form of career and job training, increasing the compensation of teachers, or improving the recruitment, retention, training, preparation, or professional development of teachers.

A school innovation waiver shall mean a waiver granted by the State Board to certain schools, set forth in the act, in which such schools are exempt from a specific requirement imposed by current law, or any regulations promulgated by the State Board or the Department of Elementary and Secondary Education. Any school innovation waiver granted to a school district or group of school districts shall be applicable to every elementary and secondary school within the school district or group of school districts unless the plan specifically provides otherwise.

Any plan for a school innovation waiver shall include certain information, including the specific provision of law for which a waiver is being requested, and an explanation for why such provision of law inhibits the ability of the school or school district to accomplish the goal stated in the plan. The plan shall also demonstrate that the intent of the law can be addressed in a more effective, efficient, or economical manner and that the waiver or modification is necessary to implement the plan.

In evaluating a plan submitted by a school innovation team, the State Board shall consider whether the plan meets certain criteria set forth in the act. The State Board may propose modifications to the plan in cooperation with the school innovation team.

Any waiver granted under this act shall be effective for no longer than three school years, but school innovation waivers may be renewed. No more than one school innovation waiver shall be in effect with respect to any one elementary or secondary school at one time.

The State Board shall not authorize the waiver of any statutory requirements relating to teacher certification, teacher tenure, or any requirement imposed by federal law.

(Section 161.214)

These provisions are similar to provisions in SB 265 (2021) and SB 583 (2021).

EARLY LEARNING QUALITY ASSURANCE REPORT EXTENSION

Under current law, provisions requiring the Department of Elementary and Secondary Education to develop a voluntary early learning quality assurance report of educational services available to children from birth up to kindergarten are set to expire on August 28, 2022. This act extends such provisions until August 28, 2025. (Section 161.217)

COMPETENCY BASED EDUCATION

This act establishes the Competency-Based Education Grant Program. By application, the Department of Elementary and Secondary Education shall award grants from the fund to eligible school districts for the purpose of providing competency-based education programs. The Department shall facilitate the creation, sharing, and development of course assessments, curriculum, training and guidance for teachers, and best practices for the school districts that offer competency-based education courses. (Section 161.380)

This act establishes the Competency-Based Education Task Force to study and develop competency-based education programs in public schools. The Task Force shall conduct interviews and at least three public hearings to identify promising competency-based education programs and obstacles to implementing such programs. Before December 1st of each year, the Task Force shall present its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Joint Committee on Education, and the State Board of Education. (Section 161.385)

Under this act, school districts and charter schools shall receive state school funding under the foundation formula for high school students who are taking competency-based courses offered by their school district or charter school.

Attendance of a student enrolled in a competency-based course shall equal the product of the