Modifies provisions relating to virtual education
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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NOS. 603, 576 & 898
99TH GENERAL ASSEMBLY
4858H.06C
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 161.670, 167.121, 173.1101, 173.1102, 173.1104, 173.1105, and 173.1107, RSMo, and to enact in lieu thereof seven new sections relating to virtual education, with a delayed effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 161.670, 167.121, 173.1101, 173.1102, 173.1104, 173.1105, and 173.1107, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 161.670, 167.121, 173.1101, 173.1102, 173.1104, 173.1105, and 173.1107, to read as follows:
161.670. 1. Notwithstanding any other law, prior to July 1, 2007, the state board of education shall establish [a virtual public school] the "Missouri Course Access and Virtual School Program" to serve school-age students residing in the state. The [virtual public school] Missouri course access and virtual school program shall offer instruction in a virtual setting using technology, intranet, and/or internet methods of communication. Any student under the age of twenty-one in grades kindergarten through twelve who resides in this state shall be eligible to enroll in the [virtual public school regardless of the student's physical location] Missouri course access and virtual school program in accordance with and subject to the provisions of subsection 3 of this section. 2. For purposes of calculation and distribution of state school aid, students enrolled in [a virtual public school] the Missouri course access and virtual school program shall be included[, at the choice of the student's parent or guardian,] in the student enrollment of the
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.
HCS SS SCS SBs 603, 576 & 898 school district or charter school in which the student physically [resides] is enrolled under subsection 3 of this section. The [virtual public school] Missouri course access and virtual school program shall report to the district [of residence] or charter school of enrollment the following information about each student served by the [virtual public school] Missouri course access and virtual school program: name, address, eligibility for free or reduced-price lunch, limited English proficiency status, special education needs, and the number of courses in which the student is enrolled. The [virtual public school] Missouri course access and virtual school program shall promptly notify the [resident] district or charter school of enrollment when a student discontinues enrollment. A "full-time equivalent student" is a student who successfully has completed the instructional equivalent of six credits per regular term. Each [virtual] Missouri course access and virtual school program course shall count as one class and shall generate that portion of a full-time equivalent that a comparable course offered by the school district would generate. In no case shall more than the full-time equivalency of a regular term of attendance for a single student be used to claim state aid. Full-time equivalent student credit completed shall be reported to the department of elementary and secondary education in the manner prescribed by the department. Nothing in this section shall prohibit students from enrolling in additional courses under a separate agreement that includes terms for paying tuition or course fees. 3. [When a school district has one or more resident students enrolled in a virtual public school program authorized by this section, whose parent or guardian has chosen to include such student in the district's enrollment, the department of elementary and secondary education shall disburse an amount corresponding to fifteen percent of the state aid under sections 163.031 and 163.043 attributable to such student to the resident district. Subject to an annual appropriation by the general assembly, the department shall disburse an amount corresponding to eighty-five percent of the state adequacy target attributable to such student to the virtual public school.
4.] (1) A school district or charter school shall allow any eligible student who is enrolled in such district or charter school to enroll in Missouri course access and virtual school program courses of his or her choice as a part of the student's annual course load each school year or a full-time virtual school option, with any costs associated with such course or courses to be paid by the school district or charter school, if: (a) The student is enrolled full-time in and has attended, for at least one semester immediately prior to enrolling in the Missouri course access and virtual school program, a public school, including any charter school; except that, no student seeking to enroll in Missouri course access and virtual school program courses under this subdivision shall be required to have attended a public school during the previous semester if the student has
HCS SS SCS SBs 603, 576 & 898 a documented medical or psychological diagnosis or condition that prevented the student from attending a school in the community during the previous semester; and (b) Prior to enrolling in any Missouri course access and virtual school program course, a student has received advice from his or her school district or charter school through the procedure described under subdivision (2) of this subsection. (2) A school district or charter school shall advise on a student's request to enroll in a course or courses provided by the Missouri course access and virtual school program, including full-time enrollment in courses provided by the Missouri course access and virtual school program. Each school district or charter school shall adopt a policy that delineates the process by which a student may enroll in courses provided by the Missouri course access and virtual school program that is substantially similar to the typical process by which a district student would enroll in courses offered by the school district and a charter school student would enroll in courses offered by the charter school. The policy may include consultation with the school's counselor and may include parental notification or authorization. School counselors shall not be required to approve or disapprove a student's enrollment in the Missouri course access and virtual school program. In cases of denial by the district or charter school, local education agencies shall inform students and families of their right to appeal any enrollment denials in Missouri course access and virtual school program courses initially to the local school board or charter school governing body, which shall provide an enrollment decision within thirty calendar days, and then to the department of elementary and secondary education, which shall provide a final enrollment decision within seven calendar days. (3) For students enrolled in any Missouri course access and virtual school program course in which costs associated with such course are to be paid by the school district or charter school as described under subdivision (1) of this subsection, the school district or charter school shall encumber an amount equal to the total costs of such course. The school district or charter school shall pay the content provider directly after the provider submits an invoice for completed work. No school district or charter school shall pay, for any one course for a student, more than the market necessary costs but in no case shall pay more than fourteen percent of the state adequacy target, as defined under section 163.011, as calculated at the end of the most recent school year, for any single, year-long course and no more than seven percent of the state adequacy target as described above for any single semester-equivalent course. Payment for a full-time virtual school student shall not exceed the state adequacy target, unless the student receives additional federal or state aid. Nothing in this subdivision shall prohibit a school district or charter school from negotiating lower costs directly with course or full-time virtual school providers,
HCS SS SCS SBs 603, 576 & 898 particularly in cases where several students enroll in a single course or full-time virtual school. (4) In the case of a student who is a candidate for A+ tuition reimbursement and taking a virtual course under this section, the school shall attribute no less than ninety-five percent attendance to any such student who has completed such virtual course. (5) The Missouri course access and virtual school program shall ensure that individual learning plans designed by certified teachers and professional staff are developed for all students enrolled in more than two full-time course access program courses or a full-time virtual school. (6) The department of elementary and secondary education shall monitor student success and engagement of students enrolled in the Missouri course access and virtual school program and report the information to the school district or charter school. Providers and the department may make recommendations to the school district or charter school regarding the student's continued enrollment in the program. The school district or charter school shall consider the recommendations and evaluate the progress and success of students who are enrolled in any course or full-time virtual school offered under this section and may terminate or alter the course offering if it is found the course or full- time virtual school is not meeting the educational needs of the students enrolled in the course. (7) School districts and charter schools shall monitor student progress and success, and course or full-time virtual school quality, and annually provide feedback to the department of elementary and secondary education regarding course quality. (8) In accordance with rules to be promulgated by the department of elementary and secondary education, when a student transfers into a school district or charter school, credits previously gained through successful passage of approved courses under the Missouri course access and virtual school program shall be accepted by the school district or charter school. (9) In accordance with rules to be promulgated by the department of elementary and secondary education, if a student transfers into a school district or charter school while enrolled in a Missouri course access and virtual school program course or full-time virtual school, the student shall continue to be enrolled in such course or school. (10) Nothing in this section shall prohibit home school students, private school students, or students wishing to take additional courses beyond their regular course load from enrolling in Missouri course access and virtual school program courses under an agreement that includes terms for paying tuition or course fees.
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(11) Nothing in this subsection shall require any school district, charter school, or the state to provide computers, equipment, or internet access to any student unless required by an eligible student with a disability to comply with federal law. (12) The authorization process shall provide for continuous monitoring of approved providers and courses. Providers shall annually submit a report to the department of elementary and secondary education containing student enrollment data; student outcomes, growth measures, proficiency rates, and completion rates for each subject area and grade level; and student and parent feedback regarding overall satisfaction, course quality, the availability of support from teachers, and any other feedback. The department shall revoke, suspend, or take other corrective action regarding the authorization of any course or provider no longer meeting the requirements of the program. Unless immediate action is necessary, prior to revocation or suspension, the department shall notify the provider and give the provider a reasonable time period to take corrective action to avoid revocation or suspension. The process shall provide for periodic renewal of authorization no less frequently than once every three years. (13) Courses approved as of August 28, 2018, by the department of elementary and secondary education to participate in the Missouri virtual instruction program shall be automatically approved to participate in the Missouri course access and virtual school program, but shall be subject to periodic renewal. (14) Any school district or charter school that is authorized under section 162.1250 to provide online courses or a full-time virtual program shall be deemed an approved provider for the Missouri course access and virtual school program, and online courses offered before the effective date of this subsection by such a school district or charter school shall be automatically approved to participate in the Missouri course access and virtual school program, but shall be subject to periodic renewal. 4. School districts and charter schools shall inform parents of their child's right to participate in the Missouri course access and virtual school program. Availability of the program shall be made clear in the parent handbook, registration documents, and featured on the home page of the school district or charter school's website. providers that includes multiple opportunities for submission each year; course or full-time virtual school providers that: process; and
(2) In accordance with the time line established by the department, authorize
(a) Submit all necessary information in accordance with the requirements of the
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(4) Within thirty days of any denial, provide a written explanation to any course
(b) Meet the criteria described in subdivision (3) of this subsection; (3) Review, in accordance with the authorization process, proposals from providers to provide a comprehensive, full-time equivalent course of study for students through the Missouri course access and virtual school program. The department shall ensure that these comprehensive courses of study align to state academic standards and that there is consistency and compatibility in the curriculum used by all providers from one grade level to the next grade level; and or full-time virtual school providers that are denied authorization. provider may reapply at any point in the future. 7. The department of elementary and secondary education shall publish the process established under this section, including any deadlines and any guidelines applicable to the submission and authorization process for course or full-time virtual school providers on its website. 8. If the department of elementary and secondary education determines that there are insufficient funds available for evaluating and authorizing course or full-time virtual school providers, the department may charge applicant course or full-time virtual school providers a fee up to, but no greater than, the amount of the costs in order to ensure that evaluation occurs. The department shall establish and publish a fee schedule for purposes of this subsection. 9. Except as specified in this section and as may be specified by rule of the state board of education, the [virtual public school] Missouri course access and virtual school program shall comply with all state laws and regulations applicable to school districts, including but not limited to the Missouri school improvement program (MSIP), [adequate yearly progress (AYP),] annual performance report (APR), teacher certification, and curriculum standards. [5.] 10. The department of elementary and secondary education shall publish an annual report on the Missouri course access and virtual school program. The department shall submit the report to the governor, the chair and ranking member of the senate education committee, and the chair and ranking member of the house of representatives elementary and secondary education committee. The report shall include the following information regarding courses offered under this section: subject and grade level; (1) The number of unique students enrolled in courses; (2) The total number of courses offered and the number of courses available by
(3) The cost of each course;
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(4) The number of students enrolled in each course; (5) The number of authorized providers; (6) Student outcome data for each subject, grade level, and provider, including completion rates, student learning gains, and student performance on state or nationally accepted assessments; and (7) An evaluation of the availability of courses offered on school premises compared to the availability of courses offered under this section, to ensure statewide disparities in course access are being addressed. 11. The department of elementary and secondary education shall publish an online catalog of all courses available under this section that contains detailed information about each course including subject matter and cost. 12. The department of elementary and secondary education shall establish and publish a procedure by which a student may withdraw from a course under this section without the student, course provider, or local educational agency incurring a penalty, including specific deadlines for such withdrawal. 13. The state board of education through the rulemaking process and the department of elementary and secondary education in its policies and procedures shall ensure that multiple content providers and learning management systems are allowed, ensure digital content conforms to accessibility requirements, provide an easily accessible link for providers to submit courses or full-time virtual schools on the Missouri course access and virtual school program website, and allow any person, organization, or entity to submit courses or full- time virtual schools for approval. No content provider shall be allowed that is unwilling to accept payments in the amount and manner as described under subdivision (3) of subsection 3 of this section or does not meet performance or quality standards adopted by the state board of education. [6.] 14. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
167.121. [1.] If the residence of a pupil is so located that attendance in the district of residence constitutes an unusual or unreasonable transportation hardship because of natural barriers, travel time, or distance, the commissioner of education or his or her designee may assign the pupil to another district. Subject to the provisions of this section, all existing
HCS SS SCS SBs 603, 576 & 898 assignments shall be reviewed prior to July 1, 1984, and from time to time thereafter, and may be continued or rescinded. The board of education of the district in which the pupil lives shall pay the tuition of the pupil assigned. The tuition shall not exceed the pro rata cost of instruction. [2. (1) For the school year beginning July 1, 2008, and each succeeding school year, a parent or guardian residing in a lapsed public school district or a district that has scored either unaccredited or provisionally accredited, or a combination thereof, on two consecutive annual performance reports may enroll the parent's or guardian's child in the Missouri virtual school created in section 161.670 provided the pupil first enrolls in the school district of residence. The school district of residence shall include the pupil's enrollment in the virtual school created in section 161.670 in determining the district's average daily attendance. Full-time enrollment in the virtual school shall constitute one average daily attendance equivalent in the school district of residence. Average daily attendance for part-time enrollment in the virtual school shall be calculated as a percentage of the total number of virtual courses enrolled in divided by the number of courses required for full-time attendance in the school district of residence.
(2) A pupil's residence, for purposes of this section, means residency established under section 167.020. Except for students residing in a K-8 district attending high school in a district under section 167.131, the board of the home district shall pay to the virtual school the amount required under section 161.670.
(3) Nothing in this section shall require any school district or the state to provide computers, equipment, internet or other access, supplies, materials or funding, except as provided in this section, as may be deemed necessary for a pupil to participate in the virtual school created in section 161.670.
(4) Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.]
173.1101. The financial assistance program established under sections 173.1101 to 173.1107 shall be hereafter known as the "Access Missouri Financial Assistance Program". The coordinating board and all approved private [and] , public, and virtual institutions in this state shall refer to the financial assistance program established under sections 173.1101 to 173.1107 as the access Missouri student financial assistance program in their scholarship literature, provided that no institution shall be required to revise or amend any such literature to comply
HCS SS SCS SBs 603, 576 & 898 with this section prior to the date such literature would otherwise be revised, amended, reprinted or replaced in the ordinary course of such institution's business.
173.1102. 1. As used in sections 173.1101 to 173.1107, unless the context requires
(a) Is operated privately under the control of an independent board and not directly
(1) "Academic year", the period from July first of any year through June thirtieth of the
(2) "Approved private institution", a nonprofit institution, dedicated to educational
(b) Provides a postsecondary course of instruction at least six months in length leading otherwise, the following terms mean: following year; purposes, located in Missouri which: controlled or administered by any public agency or political subdivision; to or directly creditable toward a certificate or degree; (c) Meets the standards for accreditation as determined by either the Higher Learning Commission or by other accrediting bodies recognized by the United States Department of Education or by utilizing accreditation standards applicable to nondegree-granting institutions as established by the coordinating board for higher education; (d) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto. Sex discrimination as used herein shall not apply to admission practices of institutions offering the enrollment limited to one sex; religious or sectarian source; expenses; to or directly creditable toward a degree or certificate; (d) Meets the standards for accreditation as determined by either the Higher Learning Commission, or if a public community college created under the provisions of sections 178.370 to 178.400 meets the standards established by the coordinating board for higher education for such public community colleges, or by other accrediting bodies recognized by the United States Department of Education or by utilizing accreditation standards applicable to the institution as established by the coordinating board for higher education;
(3) "Approved public institution", an educational institution located in Missouri which: (a) Is directly controlled or administered by a public agency or political subdivision; (b) Receives appropriations directly or indirectly from the general assembly for operating
(c) Provides a postsecondary course of instruction at least six months in length leading
(e) Permits faculty members to select textbooks without influence or pressure by any
HCS SS SCS SBs 603, 576 & 898
(f) Permits faculty members to select textbooks without influence or pressure by any
(a) Is recognized as a qualifying institution by gubernatorial executive order, unless
(b) Is recognized as a qualifying institution through a memorandum of
(d) Has established and continuously maintains a physical campus or location of
(e) Maintains at least twenty-five full-time Missouri employees, at least one-half of
(f) Enrolls at least one thousand Missouri residents as degree or certificate seeking
(4) "Approved virtual institution", an educational institution that meets all of the
(c) Is accredited by a regional accrediting agency recognized by the United States
(e) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; religious or sectarian source; following requirements: such order is rescinded; understanding between the state of Missouri and the approved virtual institution; Department of Education; operation within the state of Missouri; which shall be faculty or administrators engaged in operations; students; of Missouri operations; (h) Is organized as a nonprofit institution; and (i) Utilizes an exclusively competency-based education model; (5) "Coordinating board", the coordinating board for higher education; [(5)] (6) "Expected family contribution", the amount of money a student and family should pay toward the cost of postsecondary education as calculated by the United States Department of Education and reported on the student aid report or the institutional student information record; qualified applicant under sections 173.1101 to 173.1107; [(7)] (8) "Full-time student", an individual who is enrolled in and is carrying a sufficient number of credit hours or their equivalent at an approved private [or] , public, or virtual institution to secure the degree or certificate toward which he or she is working in no more than the number of semesters or their equivalent normally required by that institution in the program in which the individual is enrolled. This definition shall be construed as the successor to
(g) Maintains a governing body or advisory board based in Missouri with oversight
[(6)] (7) "Financial assistance", an amount of money paid by the state of Missouri to a
HCS SS SCS SBs 603, 576 & 898 subdivision (7) of section 173.205 for purposes of eligibility requirements of other financial assistance programs that refer to section 173.205. 2. The failure of an approved virtual institution to continuously maintain all of the requirements in paragraphs (a) to (i) of subdivision (4) of subsection 1 of this section shall preclude such institution's students or applicants from being eligible for assistance under sections 173.1104 and 173.1105.
(4) Is not enrolled or does not intend to use the award to enroll in a course of study
(3) Is enrolled, or has been accepted for enrollment, as a full-time undergraduate student
(1) Is a citizen or a permanent resident of the United States; (2) Is a resident of the state of Missouri, as determined by reference to standards
173.1104. 1. An applicant shall be eligible for initial or renewed financial assistance only if, at the time of application and throughout the period during which the applicant is receiving such assistance, the applicant: promulgated by the coordinating board; in an approved private [or] , public, or virtual institution; and leading to a degree in theology or divinity. 2. If an applicant is found guilty of or pleads guilty to any criminal offense during the period of time in which the applicant is receiving financial assistance, such applicant shall not be eligible for renewal of such assistance, provided such offense would disqualify the applicant from receiving federal student aid under Title IV of the Higher Education Act of 1965, as amended. 3. Financial assistance shall be allotted for one academic year, but a recipient shall be eligible for renewed assistance until he or she has obtained a baccalaureate degree, provided such financial assistance shall not exceed a total of ten semesters or fifteen quarters or their equivalent. Standards of eligibility for renewed assistance shall be the same as for an initial award of financial assistance, except that for renewal, an applicant shall demonstrate a grade-point average of two and five-tenths on a four-point scale, or the equivalent on another scale. This subsection shall be construed as the successor to section 173.215 for purposes of eligibility requirements of other financial assistance programs that refer to section 173.215.
173.1105. 1. An applicant who is an undergraduate postsecondary student at an approved private [or] , public, or virtual institution and who meets the other eligibility criteria shall be eligible for financial assistance, with a minimum and maximum award amount as follows: attending institutions classified as part of the public two-year sector;
(1) For academic years 2010-11, 2011-12, 2012-13, and 2013-14: (a) One thousand dollars maximum and three hundred dollars minimum for students
HCS SS SCS SBs 603, 576 & 898
(c) Four thousand six hundred dollars maximum and two thousand dollars minimum for
(2) For the 2014-15 academic year and subsequent years: (a) One thousand three hundred dollars maximum and three hundred dollars minimum
(b) Two thousand one hundred fifty dollars maximum and one thousand dollars minimum for students attending institutions classified as part of the public four-year sector, including State Technical College of Missouri; and students attending approved private institutions; for students attending institutions classified as part of the public two-year sector; and (b) Two thousand eight hundred fifty dollars maximum and one thousand five hundred dollars minimum for students attending institutions classified as part of the public four-year sector, including State Technical College of Missouri, [or] approved private institutions, or approved virtual institutions. 2. All students with an expected family contribution of twelve thousand dollars or less shall receive at least the minimum award amount for his or her institution. Maximum award amounts for an eligible student with an expected family contribution above seven thousand dollars shall be reduced by ten percent of the maximum expected family contribution for his or her increment group. Any award amount shall be reduced by the amount of a student's payment from the A+ schools program or any successor program to it. For purposes of this subsection, the term "increment group" shall mean a group organized by expected family contribution in five hundred dollar increments into which all eligible students shall be placed. 3. If appropriated funds are insufficient to fund the program as described, the maximum award shall be reduced across all sectors by the percentage of the shortfall. If appropriated funds exceed the amount necessary to fund the program, the additional funds shall be used to increase the number of recipients by raising the cutoff for the expected family contribution rather than by increasing the size of the award. 4. Every three years, beginning with academic year 2009-10, the award amount may be adjusted to increase no more than the Consumer Price Index for All Urban Consumers (CPI-U), 1982-1984 = 100, not seasonally adjusted, as defined and officially recorded by the United States Department of Labor, or its successor agency, for the previous academic year. The coordinating board shall prepare a report prior to the legislative session for use of the general assembly and the governor in determining budget requests which shall include the amount of funds necessary to maintain full funding of the program based on the baseline established for the program upon the effective date of sections 173.1101 to 173.1107. Any increase in the award amount shall not become effective unless an increase in the amount of money appropriated to the program necessary to cover the increase in award amount is passed by the general assembly.
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173.1107. A recipient of financial assistance may transfer from one approved public [or] , private, or virtual institution to another without losing eligibility for assistance under sections 173.1101 to 173.1107, but the coordinating board shall make any necessary adjustments in the amount of the award. If a recipient of financial assistance at any time is entitled to a refund of any tuition, fees, or other charges under the rules and regulations of the institution in which he or she is enrolled, the institution shall pay the portion of the refund which may be attributed to the state grant to the coordinating board. The coordinating board will use these refunds to make additional awards under the provisions of sections 173.1101 to 173.1107.
Section B. Section A of this act shall become effective July 1, 2019.
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