HCS HB 253 -- STUDENT TRANSFERS (Pollitt)

COMMITTEE OF ORIGIN: Standing Committee on Elementary and Secondary Education

This bill establishes transfer procedures to nonresident districts for students in public schools.

MAGNET SCHOOLS (Section 163.161)

This bill permits school districts that operate magnet schools included in a master desegregation settlement agreement to be exempt from transportation inefficiency requirements when transporting students to magnet schools.

PUBLIC SCHOOL OPEN ENROLLMENT ACT (Sections 167.1200 to 167.1230)

The bill adds Sections 167.1200 to 167.1230, RSMo, establishing the "Public School Open Enrollment Act".

For the purposes of the Act, the bill defines "nonresident district" and "resident district" among other definitions.

TRANSFER POLICY AND PARTICIPATION (Section 167.1205)

The bill creates a public school open enrollment program with the design to improve quality instruction and increase parental involvement, provide access to programs and classes, and offer opportunity to align parental curriculum options to personal beliefs.

The bill specifies that any student beginning kindergarten or already enrolled in a public school may attend a public school in a nonresident district participating in the Program. Districts must declare participation in the Open Enrollment Program by December 1 for the following school year. Participating districts are not required to add teachers, staff, or classrooms to accommodate transfer applicants. The bill includes a procedure for districts when a transferring student has special education needs. Schools may also establish standards for transfer applications and post the information on the school website and in the student handbook.

School districts that are served by special school districts must reach an agreement with such special school district regarding finance, staffing, and other items prior to participating in the Program.

The Department of Elementary and Secondary Education (DESE) or an entity skilled in policy development shall develop a model open enrollment transfer policy as outlined in the bill. All public schools must adopt the model policy, regardless of participation in the Program; however, each school board can modify the model policy based on the district's needs.

Students who wish to attend nonresident schools that have an academic or competitive entrance process shall furnish proof that they meet the admission requirements.

Students that participate in open enrollment in high school may not participate in varsity sports during the first 365 days of enrollment in a nonresident district with exceptions outlined in the bill.

No transfers under this Act can begin until the school year 2024- 25. Districts may restrict the number of transferring students to 3% of the previous school year's enrollment and the bill allows Hickman Mills School District to prevent or otherwise restrict the number of students leaving the district under this Program until the 2026-27 school year.

APPLYING FOR TRANSFER (Section 167.1210)

Any student that applies for a transfer may only accept one transfer per school year, although the student may return to their resident district and, if so, complete a full semester before applying for another transfer. Students may complete all remaining school years in their nonresident district and any sibling may enroll if the district has the capacity as provided by the bill.

For the purposes of determining federal and state aid the student shall be counted as a resident pupil of the nonresident district, except for federal calculations of military impact aid.

Parents will be responsible for transportation to the nonresident school or to an existing bus stop location in the nonresident district. Students that qualify for free and reduced meals or that have transportation included on the student's individualized education program (IEP) may have transportation expenses reimbursed quarterly as outlined in the bill.

PARENT PUBLIC SCHOOL CHOICE FUND (Sections 167.1211 and 167.1212)

The bill allows districts to receive funding from the "Parent Public School Choice Fund" for special education services up to three times the current expenditure per average daily attendance and for actual transportation costs for students that qualify for free and reduced meals or that have transportation included on the student's(IEP). The bill establishes the "Parent Public School Choice Fund" with a $80 million appropriation to be used to supplement open enrollment transfers from any resident district for transportation cost for students that qualify for free and reduced meals, that have transportation included on the student's(IEP), and to reimburse for special needs education as outlined in Section 167.1211.

NUMBER OF TRANSFER STUDENTS (Section 167.1215)

The bill specifies that annually, before December 1st, each school district shall set and publish the number of transfer students the district is willing to receive for the following school year. This number does not have to be more than zero. Districts will also develop a policy for a wait list.

APPLICATION PROCESS (Section 167.1220)

The processes for a transfer application and the details for notifications of acceptance or rejection are specified within the bill. Superintendents will review and reject applications in a timely manner and must present to the board any rejections for review. The bill explains the reasons that an eligible application may be rejected, and notification must be provided in writing by June 1st. The bill defines "good cause" and allows for consideration of applications that are submitted after February 1st and before July 1st. The Department of Elementary and Secondary Education shall be notified of all accepted students and will request an anonymous survey related to the reasons for participating in the Open Enrollment Program. The Department will publish an annual report based on the survey results.

ALLOWED EXEMPTIONS (Section 167.1225)

This bill provides that prior to April 1st, a school district may annually declare an exemption for the upcoming school year, from the requirements set forth in this bill, provided that the school district is subject to a desegregation order or a court approved desegregation plan. The bill requires that any student that transfers from a K-eight district enroll before the start of the student's sixth grade year, or the K-eight district must pay tuition as provided under Section 167.131. Additional exemptions are specified for students who qualify for transfers under other listed sections.

APPEAL PROCEDURE (Section 167.1227)

The bill determines when a student may be denied a transfer based on his or her discipline record and includes an appeal procedure. ANNUAL REPORTING (Section 167.1229)

The Department shall collect and report data annually from school districts on the number of applications and study the effects of the public school choice program transfers. The report shall be submitted annually by December 1st to the Joint Committee on Education, the House Committee on Elementary and Secondary Education, and the Senate Committee on Education

ALTERNATIVE FUNDING (Section 167.1230)

The bill requires that enrollment of students under the Program not occur before July 1, 2024. The bill outlines what steps shall be taken if the Parent Public School Choice Fund does not have sufficient funding necessary to provide for eligible reimbursements for transportation and special education expenses. Transportation costs shall be considered eligible expenses under 163.161, and special education students will be provided additional weight in the formula calculation for the nonresident district.

This bill is similar to HB 1814 (2022) and HS HCS HB 543 (2021).

HCS HB 909 -- SOLID WASTE DISPOSAL PERMITS (Haffner)

COMMITTEE OF ORIGIN: Standing Committee on General Laws

Currently, the Department of Natural Resources is prohibited from issuing a permit for the operation of a solid waste disposal area designed to serve a city with a population greater than 400,000 inhabitants located in more than one county, if the site is located within one-half mile of an adjoining municipality without its approval.

This bill changes the required distance from the adjoining municipality from one-half mile to one mile.

CURRICULUM (Section 160.516)

The act provides that each local school board, charter school governing board, and virtual school governing body shall be required to approve and adopt the curriculum at least two months prior to implementation. Each school board, charter school governing board, and virtual school governing body shall adopt policies to ensure that the approved and adopted curricula are properly implemented in the classroom.

ACCOUNTABILITY REPORT CARDS (Section 160.522)

The act provides that school accountability report cards for each public school district, public school building, charter school, and virtual school shall be maintained on the Department of Elementary and Secondary Education's website, as well as the website of each school district, charter school, virtual school, and all attendance centers. The act outlines the type of data that shall be made available on the report card and the means by which any website user may provide feedback on the report card webpage. The act requires the Department of Elementary and Secondary Education to establish an advisory group to continuously make updates and revisions to the report card to improve its usefulness based on user feedback.

MISSOURI CHILDHOOD HERO ACT (Section 160.771)

The act requires school districts to adopt a policy to address bullying and school discipline. Such policy shall contain a statement that the school prohibits, does not have, and will not adopt a zero-tolerance disciplinary policy that requires disciplinary measures against a pupil who is a victim of bullying or school violence, or who intervenes on behalf of a pupil who is a victim of bullying or school violence. This provision is identical to HB 1087 (2023).

PARENTS' BILL OF RIGHTS ACT OF 2023 (Section 161.841)

This act creates the "Parents' Bill of Rights Act of 2023", which shall be construed to empower parents to enforce rights, as delineated in the act, to access records maintained by schools in which their children are enrolled in a timely manner or as specified in the act.

No school shall require nondisclosure agreements for a parent's review of curricula, and each school shall allow parents, within two business days upon request, to review or make a copy of curriculum documents or to receive such documents in an electronic format, provided that no request would cause an infringement of copyright protections under the federal Copyright Act of 1976. If more than twenty pages are being copied using the school's equipment, the school may, at the school's discretion, charge the parent a fee described in the act. Where the curricular materials being made available to parents for review are subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher or any contractual agreements between the publisher and the school, and that content validity is not undermined.

No school shall collect any biometric data of a minor child without obtaining parental consent, except for biometric data necessary to create and issue appropriate school identification cards. A school that collects such data shall ensure that all copies of such data are destroyed within one year of a student's withdrawal of participation in all school activities.

Finally, each school shall notify parents of certain safety incidents and criminal charges filed against teachers, employees, and any guests or visitors to a school, as outlined in the act.

SCHOOL-ISSUED ELECTRONIC DEVICES (Section 161.854)

The act provides that any school that provides school-issued electronic devices to students shall implement technology solutions that prohibit students' access to social media sites, video sharing sites, and pornography.

SCHOOL BOARD ELECTIONS (Sections 162.471, 162.492, and 162.611)

Under current law, any metropolitan school board vacancy that occurs outside of the normal election cycle shall be filled by appointment by the mayor for the remainder of the term. Under this act, a metropolitan school board shall fill any such vacancy by appointment for the remainder of the term. This provision is identical to SB 363 (2023).

Current law also provides that any vacancy on an urban school board shall be filled by special election. Under this act, the remaining members of the board shall fill any such vacancy by appointment until the next school board election. These provisions are identical to HB 914 (2023).

WEIGHTED AVERAGE DAILY ATTENDANCE (Section 163.011)

The act changes the weighting of students who receive free and reduced price lunch from 25% to 30% in the calculation of weighted average daily attendance. Under the act, students who are homeless are weighted at 15% in the calculation of weighted average daily attendance.

These provisions are similar to SB 251 (2023) and SB 485 (2023).

STATE AID FOR TRANSPORTATION OF PUPILS (Section 163.161)

The act provides that any school district that operates magnet schools as part of a master desegregation settlement agreement shall not be considered inefficient for purposes of state aid for transportation of pupils attending such magnet schools and shall not receive a penalty for the magnet school transportation portion of the overall transportation budget as a result thereof.

This provision is similar to HB 672 (2023).

TEACHER BILL OF RIGHTS (Section 168.781)

The act establishes the "Teacher Bill of Rights" and outlines certain rights for public school teachers, including the right to be free from physical abuse and protected from verbal, written, or electronically generated abuse; the right to exercise the freedom of speech through the media; the right to be treated with civility and respect; the right to be given classroom preparation time each day during the regular classroom hours; and the right to teach without fear of frivolous lawsuits. The act provides that teachers, administrators, parents, and students shall be fully informed of the rights conferred upon teachers under the act. Each school district shall provide a copy of the Teacher Bill of Rights to teachers at the beginning of each school year, and each school district shall post the Teacher Bill of Rights in a prominent place in each school and administrative building in the district, as well as providing a copy to parents and posting a copy on the websites of the school district and each school that maintains a website.

DISCUSSION OF CERTAIN CONCEPT AND BELIEFS IN PUBLIC SCHOOLS (Section 170.355)

No school or school employee shall compel teachers to teach, or a student or teacher to personally adopt, adhere to, or profess a position or viewpoint a reasonable person would conclude violates certain public policy expressed in the act including but not limited to: that individuals of any race, ethnicity, color, or national origin are inherently superior or inferior and that individuals, by virtue of their race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by others. No school may require a student or employee to attend or participate in a certain training, instruction, or therapy that a reasonable person believes would conclude violates this provision.

This act shall not be construed to prohibit constitutionally protected speech, access to research or study materials, or the discussion or assignment of materials for educational purposes. The act shall not be construed to prevent teachers from discussing current events in a historical context or courses including, but not limited to, African American history, Native American history, women's history, Asian American History and Hispanic history.

The act additionally provides that a school shall post on its website the names of all books required for students and provide parents access to the digital library catalogue for the attendance center where the parent's student is enrolled. In addition, each district, charter school, anbd virtual school shall adopt a written educational material challenge policy that allows any individual to dispute or challenge the district's or school's age-appropriate designation assigned to any book, event, material, or display in the district or school.

Any employee of a school who discloses a violation of these provisions shall be protected from any manner of retaliation as provided by current law.

If a parent learns that a teacher of the parent's student is in violation of the act, then the parent may file a complaint with the school board or charter school governing board, which shall address the complaint in writing within ten school days. If the parent is unsatisfied with the board's resolution of the concern, the parent may file a complaint with the State Board of Education. The Board shall hold a contested case hearing between the parent and the school within 30 days of receiving such a complaint. Upon a determination by the Board that a violation is occurring, a penalty as stated in the act shall apply. If a teacher knowingly engages in multiple or repeated violations of the act, such actions shall be construed as insubordination under current law and may be considered grounds for termination of such teacher's license to teach.

PATRIOTIC AND CIVICS TRAINING PROGRAM (Section 170.370)

The Department of Elementary and Secondary Education shall develop a patriotic and civics training program to prepare teachers to teach the principles of American civics and patriotism. Subject to appropriation, each teacher that completes the training shall receive a one-time bonus of three thousand dollars to be paid by the Department.

This act is similar to SB 451 (2023), SB 158 (2023), SB 776 (2022), SB 653 (2022), HB 482 (2023), HB 627 (2023), HB 1747 (2022), HB 1634 (2022), and HB 1815 (2022).

OLIVIA SHANNON

TRANSPORTATION AID

Under this act, any school district that operates magnet schools as part of a master desegregation settlement agreement shall not be considered inefficient for purposes of state aid for transportation of pupils attending such magnet schools and shall not receive a financial penalty for the magnet school transportation portion of the overall transportation budget. (Section 163.161)

PUBLIC SCHOOL OPEN ENROLLMENT ACT

This act establishes the Public School Open Enrollment Act to enable K-12 students to attend school in a nonresident school district or charter school ("nonresident district"). On or before December 1st of each year, each school district and charter school shall indicate whether it will participate in the program during the subsequent school year. Participating districts and schools may accept transfer nonresident students from any other school district. For the 2024-25 and 2025-26 school years, a district may restrict the number of students who may transfer away from the school district to a maximum of 5% of the district's enrollment for the prior year.

The act shall not be construed to require any school to add teachers, staff, or classrooms. The Department of Elementary and Secondary Education shall develop a model policy for districts and charter schools to determine such standards and the number of transfers they may accept. The model policy shall be adopted by all districts and charter schools, whether or not they participate in the program, and may be modified to meet each district's and charter school's particular needs. The model policy shall require each district and charter school to define "insufficient classroom space" and may provide additional standards for evaluating transfer applications.

Nonresident districts shall accept credits toward graduation from other districts and shall award a diploma to any transfer student meeting such nonresident district's graduation requirements.

Superintendents shall cause information regarding the open enrollment program to be posted on his or her school district's and charter school's website and in the district's and charter school's student handbooks.

A student seeking to transfer to a magnet school, academically selective school, or school with a competitive entrance process shall submit proof that the student meets all admission requirements. A student may be denied transfer if, in the most recent school year, he or she has been suspended from school two or more times; has been suspended for an act of school violence; has been expelled for acts school administrators are required to report to law enforcement under current law; or has been found guilty of an offense specified in the act, regardless of whether such offense was committed on school property. Such student may alternatively be permitted to transfer on a provisional, probationary basis subject to no further disruptive behavior based on standards that shall be developed by the nonresident district. Students denied transfer shall have the right to an in-person meeting with the nonresident district's superintendent.

A 9th-12th grade transfer student shall be ineligible to participate in varsity sports during the first 365 days of such student's enrollment, unless the student meets certain conditions as provided in the act. A statewide activities association may provide additional penalties if the student was unduly influenced to transfer for reasons related to participation in sports. (Sections 167.1200 and 167.1205)

Students may transfer into only one nonresident district per school year. Such students shall commit to attending and taking all courses through the nonresident district for at least one school year, and at least one such course shall be in-seat. Students that transfer back to their resident districts shall reapply in order to transfer back into a nonresident district and shall first remain in the resident district for at least one full semester.

Siblings of transfer students may also enroll in the nonresident district, subject to limitations based on school capacity and such sibling having no disciplinary issues.

Except for students who qualify for reimbursement of transportation costs as described in the act and for agreements allowing such student to be picked up at an existing bus stop, transferring students or their parents shall be responsible for transportation to nonresident districts. By agreement with the nonresident district, parents of transfer students may waive requirements for such district to provide transportation required under the student's Individualized Education Program plan.

Any student who qualifies for free and reduced price lunch and transfers to an adjacent school district or charter school shall be reimbursed quarterly by the Parent Public School Choice Fund established in this act, based on calculations as described in the act. (Section 167.1210)

Transfer students who receive special education services shall be reimbursed by the Parent Public School Choice Fund for the costs of providing such services in excess of applicable state and federal funds. Such reimbursement shall not exceed the district's current expenditure per average daily attendance. (Section 167.1211)

This act establishes the Parent Public School Choice Fund. The Fund shall consist of an appropriation of $60 million and any subsequent appropriations. The Department shall annually evaluate the availability and use of moneys from the fund. If additional moneys are needed to fulfill the purposes of the act, the Department shall request such moneys by a specific line item appropriation. (Section 167.1212)

By December 1st annually, each school district and charter school shall set the number of transfer students such district will accept for the following school year. The district or charter school may set criteria, including limits on the number of students to be accepted to particular buildings, grades, classrooms, or programs. Districts and charter schools shall publish and notify the Department of such information.

Each district and charter school shall develop a procedure for creating a waiting list for all transfer applications when applications exceed the district's or charter school's maximum. In accepting transfer students from the waiting list, nonresident districts shall give additional priority to students in the following order: siblings of transfer students, students who previously attended as resident students, children of active duty military personnel, children of district or charter school employees, and students whose parents' employment circumstances would cause transfer to be in the student's best interest. Nonresident districts may also include other priority factors. Parents of applicants shall be informed of how the waiting list shall operate and may be required to reapply to remain on the waiting list. (Section 167.1215)

Transfer applications shall be submitted to the nonresident and resident districts on a form approved by the Department before February 1st in the year prior to the school year in which the student seeks to transfer. Nonresident districts shall mark the date and time of receipt on each such application. Applications shall be reviewed and decided upon by the superintendent. Reasons for any rejection shall be submitted to the school board or governing body for a charter school for review, and rejection decisions may only be finalized by a majority vote of the board or governing body.

School boards and governing bodies of charter schools may adopt a policy granting the superintendent authority to approve transfer applications submitted after the February 1st deadline if conditions described in the act are met, including a finding of good cause. The act provides additional procedures related to the timing of late applications. Resident districts may appeal the decisions of nonresident districts for suspected violations of the late application provisions of the act. The Commissioner of Education or a three member panel selected by the Missouri Charter Public School Association shall mediate such disputes and shall conduct a hearing if the mediation is unsuccessful. A decision shall be issued within 10 days of such hearing and may be appealed within 5 days.

The superintendents of nonresident districts shall review and make a determination on each application within thirty days of their receipt. If the superintendent rejects an application, the superintendent shall present the rejected application with the reasons for the rejection to the school board or governing body of the charter school for review. The school board or governing body may accept or reject such application, but no rejection shall be final without a majority vote of the school board or governing body to confirm the superintendent's rejection of the application. (Section 167.1220)

The provisions of the Public School Open Enrollment Act shall not supercede any provision of an enforceable desegregation court order or a court-approved desegregation plan. A school district may declare an exemption from the Act if the district is subject to such an order or desegregation plan, or if the district is subject to a settlement agreement to remedy past segregation. Such an exemption is irrevocable for one year from the date the district gives notice to the Department. Notice of an exemption or to resume participation in the Act for the next school year shall be issued to the Department by April 1st.

By June 1st of each year, the Department shall report to each school district the maximum number of transfers under the Public School Open Enrollment Act for the next school year.

When students are unable to transfer due to an exemption declared by a school district due to a court order, desegregation plan, or segregation-related settlement agreement, such students shall be given priority for any transfers in the subsequent school year by the resident district in the order application notices were received from such students.

Students transferring to nonresident districts pursuant to provisions of current law allowing transfer if the resident district does not offer high school instruction, under the Elementary and Secondary School District Enrollment Option Act, or through the Metropolitan Schools Achieving Value in Transfer Corporation, shall not be subject to the requirements of the Open Enrollment Act. School districts participating in such programs shall also not be subject to such requirements. Students transferring pursuant to the Open Enrollment Act shall not be considered transfer students for purposes of other provisions of current law allowing transfer. (Section 167.1225)

Transfer applicants who are rejected may file an appeal with the Department or a three member panel selected by the Missouri Charter Public School Association. The appeal shall be sent in writing within 10 business days after the student or the student's parent receives notice of rejection. A copy shall also be sent to the superintendent of the nonresident district where the applicant seeks to transfer. The appeal shall state the basis for appeal, shall include a copy of the notice of rejection, and may include documentation to show that transfer would be in the student's best interest. The nonresident district may submit additional documentation or arguments supporting the rejection decision to the Department or the three member panel, and shall submit copies of any such response to the student or student's parent, no later than 10 days after receiving a copy of the appeal. The Department or the three member panel shall notify the parent, nonresident district, and resident district of the basis for the Department's or panel's decision if it overturns the rejection.

The Department shall collect data from school districts and each charter school sponsor shall collect data from each sponsored charter school on the number of applications made under the act to study its effects. The Department shall consider the maximum number of transfers and exemptions for up to two years to determine whether a significant racially segregative impact has occurred in any district. Before October 1st of each year, the Department and each charter school sponsor shall report its findings to the Joint Committee on Education, the House Committee on Elementary and Secondary Education, the Senate Committee on Education, and any other education committee designated by the Speaker of the House of Representatives or the President Pro Tempore of the Senate. (Section 167.1230)

These provisions shall become effective on July 1, 2024.

This act is substantially similar to SB 1010 (2022), HB 1814 (2022), and HS/HCS/HB 543 (2021).

OLIVIA SHANNON

SENIOR CITIZENS PROPERTY TAX CREDIT

Current law authorizes an income tax credit for certain senior citizens and disabled veterans in amount equal to a portion of such taxpayer's property tax liabilities, not to exceed $750 in rent constituting property taxes actually paid or $1,100 in actual property tax paid. This act annually adjusts such maximum amounts for inflation. (Section 135.025)

Additionally, current law limits the tax credit to qualifying taxpayers with an income of $27,500 or less, or $30,000 in the case of a homestead owned and occupied by a claimant for the entire year. This act increases such maximum income to $35,000, or $38,000 in the case of a homestead owned and occupied by a claimant for the entire year, and annually adjusts both amounts for inflation. (Section 135.030)

PROPERTY TAX ASSESSMENTS

This act provides that if the overall level of assessment, as defined in the act, for all real property in a subclass is lower than the individual level of assessment, as defined in the act, of an individual parcel of real property in such subclass, then the individual level of assessment for such parcel shall be reduced to the overall level of assessment. Such reduction shall be made upon an appeal by the taxpayer. (Section 137.132)

This provision is identical to a provision in SB 95 (2023) and SB 1108 (2022).

PROTESTED PROPERTY TAXES

Current law requires a taxpayer to file a written protest of property taxes with the collector at the same time such taxpayer makes full payment of such taxes. This act repeals such requirement.

This act also provides that the interest due to a taxpayer whose protested taxes were distributed to a taxing authority shall be calculated from the date that the protested taxes were distributed to the taxing authority through the date of the refund.

Any taxpayer determined by a circuit court or the State Tax Commission to be entitled to a refund of property taxes shall receive such refund from the collector within fifteen days of the final determination of the refund amount by the circuit court or State Tax Commission. If such refund is not issued within fifteen days, the taxpayer shall be entitled to interest on the refund as calculated under current law. (Section 139.031)

This provision is identical to a provision in SB 95 (2023) and SB 1108 (2022).

JOSH NORBERG

SCOTT SVAGERA

Under this act, school districts are prohibited from teaching about The 1619 Project or any successor theory or concept, critical race theory or any successor theory or concept, and any divisive concepts, as such term is defined in the act. Districts are also prohibited from certain actions listed in the act relating to curriculum and instruction.

In adopting the essential knowledge and skills for the social studies for each grade level from kindergarten through 12th grade, each school district shall adopt knowledge and skills that develop each student's civic knowledge as set forth in the act.

School districts shall not accept private funding for the purposes of teaching any curriculum substantially similar to critical race theory or The 1619 Project.

The Attorney General may investigate school districts for compliance with the act. Any school district that violates the provisions of the act shall have 50% of the district's state aid withheld until the district presents evidence to the Department of Elementary and Secondary Education that the district is no longer in violation of this section. (Section 160.2250).

This provision is identical to SB 694 (2022) and similar to SB 638 (2022), SB 676 (2022), SB 734 (2022), and SB 1184 (2022).

This act establishes the "Sunlight in Learning Act", which requires certain training, instructional, and curricular materials posted on a school website.

This act requires the Department of Elementary and Secondary Education to ensure schools and charter schools publicly display instructional and training materials for teachers and learning materials and activities used for students on the school website.

The website shall include the title, author, organization and any website associated with the material or activity. The website shall also include the identity of the teacher or other person who created the learning material. Any activity that involves service-learning, internships or outside organizations, shall be included on the website, as outlined in the act.

All procedures for the documentation, review or approval of materials used for staff or faculty training or student learning shall be included on the website. A listing of available resources in the library shall be included on the website.

The information required on the website shall be displayed online prior to the first instance of training or instruction, or, at the latest, fourteen days after the training or instruction. The information shall be organized by school, grade, teacher, and subject, and be displayed on the website for at least two years.

Schools may use a collaborative online document or spreadsheet software to update the listing on the website. The listing shall be created and displayed in searchable or sortable electronic formats.

A school with fewer that twenty enrolled students and whose materials and activities are selected independently by instructors is not required to post a list of learning materials and activities on a website.

The Attorney General, Commissioner of Education, State Auditor, prosecuting attorney, or resident of a school district, may initiate a suit against the school district, public school, or public charter school or other governmental entity responsible for educational oversight if a violation of this act occurs.

Courts shall not entertain complaints unless complainants have first worked to remedy the situation by contacting school officials, who have fifteen days to resolve the situation, or by contacting the school board, who have forty-five days to resolve the situation.

No school officials shall purchase or contract copyrighted learning materials, including renewal of subscription-based materials where students are provided login credentials or access via electronic personal devices, unless provisions are made to allow parents and guardians of students to review the materials within thirty days of the submission of a written request to the school. (Section 161.856)

This provision is identical to SB 1225 (2022) and is similar to SB 810 (2022), SB 645 (2022), and HB 1995 (2022).

This act creates the "Parents' Bill of Rights Act of 2023." Under this act, no school district shall deny to the parent or guardian of a minor child certain rights. Such rights includes the ability to fully review the curricula, books, and other educational materials used by the school attended by their child; the ability to access information on teachers, guest lecturers, and outside presenters who engage with students at the school; the ability to access information on third party individuals and organizations that receive contracts; the right to visit their child at school during school hours; the right to access all records generated by the school that concern their child; the ability to access information pertaining to the collection and transmission of data regarding their child; the right to be heard at school board meetings; the right to be notified of situations affecting the safety of their child at school; and the right to object to certain materials that the parent finds inappropriate to be taught to their child.

Any person denied one of these rights may bring a civil action for injunctive relief. Further, the attorney general may also bring a civil action for injunctive relief. If a school district is found to have violated this act, the Department of Elementary and Secondary Education may withhold up to fifty percent of the state aid for such district. (Section 161.1140)

This provision is identical to SB 776 (2022).

Upon adoption by a school district and approval of the residents of the school district, no public school shall knowingly allow a student of the male sex who is enrolled in such public school to participate in a school-sponsored athletic team that is exclusively for students of the female sex. Beginning July 1, 2024, the Joint Committee on Education shall study exclusively male or female athletic events and the impact of a policy that prohibits participation in those events by individuals of the opposite sex. By January 1, 2025, the Committee shall report its findings to the General Assembly.

The Attorney General may investigate any school district alleged to be in violation of this provision. Any school district found to be in violation of this provision shall have fifty percent of any state moneys withheld until the school district provides evidence to the Department of Elementary and Secondary Education that it is in compliance with this provision. (Section 167.177)

OLIVIA SHANNON

The State Treasurer shall create and provide to each school district a form for use by the parent or guardian at the time of enrollment to indicate the parent or guardian's choice as to the school their student will attend for that school year. The school district shall transmit the form to the State Treasurer. The school district shall also notify the Department of Elementary and Secondary Education.

Upon receipt of the form, the State Treasurer shall remit state aid that would have been remitted to the school district of residence to the school chosen by the parent or guardian if such school is outside of the school district of residence. If the student enrolls in a school outside of the school district of residence, the student shall not be counted in the resident school district's weighted average daily attendance as a resident student.

The state aid remitted to the school of choice shall be the lesser of the state adequacy target for the student or the amount of tuition at the qualified school.

OLIVIA SHANNON

This act modifies provisions relating to transitional child care benefits by expanding the Hand-Up pilot program statewide for individuals whose incomes exceed the maximum allowable amount for the full child care subsidy benefit. Transitional child care benefits shall be reduced benefits determined on a sliding scale as the recipient's income increases, with the recipient paying the remainder of the fee to the child care provider. Additionally, this act removes the expiration date of the Hand-Up program.

Under this act, the Department of Social Services shall limit any initial application for SNAP, TANF, child care assistance, or any medical assistance or health insurance program to a concise, non-duplicative, and easily accessible form on the Department's website. Program participants who are required to complete a periodic eligibility review form may submit such form as an attachment to their Missouri state individual income tax return if the eligibility review form is due at the same time as the tax return. Such eligibility forms shall also be made accessible on the Department of Revenue's website.

This provision is substantially similar to HB 1960 (2020) and similar to HB 2048 (2022).

This act repeals provisions of law allowing for individuals convicted of certain drug offenses to participate in SNAP only if certain conditions are met. Under this act, individuals convicted of a state or federal felony drug offense shall not be excluded from SNAP for such conviction.

Finally, this act makes the unlawful receipt by sale or transfer by sale of public assistance benefits or electronic benefits transfer (EBT) cards illegal by modifying existing provisions relating to the offenses of unlawful receipt or unlawful transfer of public assistance benefits or EBT cards.

SARAH HASKINS

This provision is identical to a provision in SB 645 (2022).

This act creates the "Parents' Bill of Rights Act of 2023." Under this act, no school district shall deny to the parent or guardian of a minor child certain rights. Such rights includes the ability to fully review the curricula, books, and other educational materials used by the school attended by their child; the ability to access information on teachers, guest lecturers, and outside presenters who engage with students at the school; the ability to access information on third party individuals and organizations that receive contracts; the right to visit their child at school during school hours; the right to access all records generated by the school that concern their child; the ability to access information pertaining to the collection and transmission of data regarding their child; the right to be heard at school board meetings; the right to be notified of situations affecting the safety of their child at school; and the right to object to certain materials that the parent finds inappropriate to be taught to their child.

Any person denied one of these rights may bring a civil action for injunctive relief. Further, the attorney general may also bring a civil action for injunctive relief. If a school district is found to have violated this act, the Department of Elementary and Secondary Education may withhold up to fifty percent of the state aid for such district. (Section 161.1140)

This provision is identical to SB 776 (2022).

OLIVIA SHANNON

SHOW MO ACT

This act creates the "Show MO Act".

This act reauthorizes a tax credit for certain expenses related to the production of qualified motion media production projects in this state, as defined in the act. Tax credits for such expenses under previous law expired on November 28, 2013.

For all tax years beginning on or after January 1, 2023, this act authorizes a tax credit equal to 20% of qualifying expenses, as defined in the act, associated with the production of a qualified motion media production project. An additional 5% may be awarded for each of the following conditions if they are met: 1) at least 50% of the qualified film production project is filmed in Missouri; 2) at least 15% of the project takes place in a rural or blighted area; 3) at least three departments of the production hire a Missouri resident ready to advance to the next level in a specialized craft position or learn a new skillset; 4) the Department of Economic Development determines that the script for such project positively markets a city or region of the state, the entire state, or a tourist attraction located in the state, and the production provides certain advertising materials, as described in the act. The total dollar amount of tax credits awarded to a qualified film production project may be increased by ten percent if such project is located in a county of the second, third, or fourth class.

This provision shall sunset on December 31, 2029, unless reauthorized by the General Assembly. Notwithstanding the sunset provision, this act shall expire one year after the Department determines that all other political subdivisions having a tax credit substantially similar to this act let such tax credits lapse or expire.

This provision is substantially similar to SCS/SB 732 (2022), SB 721 (2022), SB 960 (2022), SB 1091 (2022), HCS/HB 2106 (2022), HB 2473 (2022), HB 2558 (2022), HB 2870 (2022), SB 367 (2021), SB 366 (2020), HB 923 (2019), HB 1661 (2018), and HB 788 (2017), and to a provision contained in SCS/SBs 961 & 733 (2022), SS/SCS/SB 354 (2021), and SS/SCS/HB 948 (2021).

ENTERTAINMENT INDUSTRY JOBS ACT

This act establishes the "Entertainment Industry Jobs Act".

For all tax years beginning on or after January 1, 2024, this act authorizes a taxpayer to claim a tax credit for rehearsal expenses and tour expenses, as such terms are defined in the act, for live entertainment tours and associated rehearsals conducted within the state. The tax credit shall be equal to 30% of such expenses, provided that no taxpayer shall receive a tax credit in excess of $1 million if such taxpayer's expenses are less than $4 million; and further provided that no taxpayer shall receive a tax credit in excess of $2 million if such taxpayer's expenses are more than $4 million but less than $8 million; and further provided that no taxpayer shall receive a tax credit in excess of $3 million if such taxpayer's expenses are at least $8 million.

Tax credits issued under this act shall not be refundable, but may be carried forward to the taxpayer's five subsequent tax years. Unredeemed tax credits shall expire after the fifth tax year following the initial date of issuance, regardless of whether unredeemed tax credits are transferred or sold pursuant to the act.

Tax credits may be transferred or sold, provided that the tax credit is transferred or sold to another Missouri taxpayer. A taxpayer shall submit information to the Department of Economic Development and the Department of Revenue relating to the identity of a transferee and the amount of tax credits being transferred or sold, as described in the act. A transferee shall not subsequently transfer or sell any tax credit acquired from a transferor, and tax credits shall not be transferred or sold for less than 60% of the value of such tax credits.

The aggregate amount of tax credits that may be authorized under the act in a given fiscal year shall not exceed $8 million. If applications for tax credits exceed such amount, the Department of Economic Development may, at its discretion, authorize additional tax credits not to exceed $2 million, provided that the maximum amount of tax credits that may be authorized during the subsequent fiscal year shall be reduced by such amount.

This act shall sunset on December 31, 2030, unless reauthorized by the General Assembly. Notwithstanding the sunset provision, this act shall expire ninety days after the Department determines that all other political subdivisions having a tax credit substantially similar to this act let such tax credits lapse or expire.

This provision shall become effective January 1, 2024.

This provision is identical to a SB 170 (2023) and is substantially similar to a provision in SCS/SBs 961 & 733 (2022).

JOSH NORBERG

JOSH NORBERG

JOSH NORBERG

Under this act, energy that meets the criteria of the renewable energy portfolio requirements under this act and contracted for by an accelerated renewable buyer must do the following:

(1) Have all associated renewable energy certificates retired by the accelerated renewable buyer and the certificates shall not be used to meet the electric utility's portfolio requirements under in the act;

(2) Be excluded from the total electric utility's sales used to determine the portfolio requirements under the act;

(3) Be used to offset all or a portion of its electric load to determine compliance with the portfolio requirements under the act.

This act defines an "accelerated renewable buyer" as a customer of an electric utility, with an aggregate load of over 100 average megawatts, who enters into a contract to obtain renewable energy certificates from renewable energy sources or energy sources described in the act.

Under this act, the accelerated renewable buyer shall be exempt from any renewable energy standard compliance costs as established by the utility and approved by the Public Service Commission under the act.

Under this act, each electric utility shall certify, and verify as necessary, to the Commission that the accelerated renewable buyer has satisfied the exemption requirements under the act. The accelerated renewable buyer may also certify the exemption requirements to the Commission individually.

Provisions under the act apply to electric utilities with more than 250,000 but less than one million retail customers as of 2022.

JULIA SHEVELEVA

Under current law, the Division shall provide an alleged perpetrator of child abuse or neglect with a written description of the investigation process, including notice at the termination of an investigation that the Division has found insufficient evidence of abuse or neglect or that evidence shows the existence of abuse or neglect and the alleged perpetrator shall be contacted for further services. This act requires such notice about insufficient evidence to contain language specifying that the investigation will be ended, the case closed, and no further services offered.

When a child is taken into custody by a juvenile officer or law enforcement official for child abuse or neglect, this act requires the parent, guardian, or custodian of the child to be given adequate notice of the allegations contained in the petition for removal in advance of a court hearing so that they may have a reasonable opportunity for preparation. In the case of a protective custody hearing, the juvenile officer or law enforcement official serving summons upon the parent, guardian, or custodian shall include a copy of the petition; a copy of the order for protective custody; a copy of the affidavit demonstrating the Division's reasonable efforts to prevent or eliminate the need for removal; notice of the parent, guardian, or custodian's right to counsel at the protective custody hearing and any subsequent hearings and a copy of a financial affidavit in support of a request for court-appointed counsel; and a copy of a handbook describing the court process, including the various hearings, and the rights, duties, and obligations of involved persons, as described in the act.

Under this act, a parent, guardian, or custodian of the child shall be entitled to counsel at all hearings relating to removal. If the parent, guardian, or custodian is financially unable to employ counsel, the court shall appoint counsel as soon as practicable prior to the first hearing relating to protective custody or removal. Additionally, the parent, guardian, or custodian shall have the right to access any written records or reports relating to the child, including medical records, prior to the protective custody hearing and any subsequent hearings, as well as any case records compiled by the Division.

By January 1, 2024, the Office of State Courts Administrator, in cooperation with the Division, shall develop and make available a handbook for parents, guardians, and custodians of children removed and placed under the jurisdiction of the juvenile court for allegations of child abuse or neglect, as specified in the act. The handbook shall be made available online through the courts and the Division and printed copies shall be made available to parents, guardians, and custodians upon service of summons and at every hearing involving the child, as needed.

This act is identical to SB 1216 (2022).

SARAH HASKINS

JOSH NORBERG

JOSH NORBERG

Additionally, this act prohibits the Board of Pharmacy from issuing or renewing a non-resident pharmacy license if the applicant or licensee knowingly delivers directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion.

Finally, it shall be unlawful for a licensed or registered out-of-state wholesale distributor, out-of-state pharmacy acting as a distributor, drug outsourcer, or third-party logistics provider to knowingly deliver directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. The penalty for a violation of this provision is the same as other unlawful acts of such entities and is a Class D felony.

This act is identical to SCS/SB 1178 (2022) and provisions in SCS/HCS/HB 2012 (2022) and substantially similar to HB 2810 (2022).

SARAH HASKINS

This act is identical to HCS/HB (2023).

JULIA SHEVELEVA

This amendment is substantially similar to SJR 27 (2022), SJR 36 (2020), and SJR 28 (2019).

JOSH NORBERG

This amendment is substantially similar to SJR 46 (2022), SJR 10 (2021), SJR 47 (2020), and SJR 17 (2017).

MARY GRACE PRINGLE

SCOTT SVAGERA