Bills removing accountability from virtual education presented in House and Senate Committees
Two similar bills were heard in committees in both the House and Senate relating to the expansion of Missouri’s Virtual Education program. HB1903 (Christofanelli) was presented in the House Elementary and Secondary Education Committee and SB648 (Rowden) was presented in the Senate Education Committee. Substantial portions of the bills remove protections and accountability for students who are enrolled in the program, which was revamped in the 2018 legislative session.
A major change in the Virtual Education program would require districts to pay online providers in full for any students enrolled within 60 days of receiving an invoice. If a school district fails to make full payment of the invoice to the virtual provider within that 60-day requirement, the provider may notify DESE who shall immediately pay the virtual provider the amount owed. This change in payment structure creates a horrible opportunity for virtual providers to enroll students, receive payment and then unenroll the students. This possible situation would leave students stranded academically and local districts responsible to assess and remediate any learning loss with no accountability or opportunity to recover payments made to the online provider. According to the 2020‐21 Missouri Course Access and Virtual School Program (MOCAP) Annual Report published by the Missouri Department of Elementary and Secondary Education, only 77 percent of students enrolled in virtual courses completed them. If a school district disputes the invoice for any reason and decides not to make payment, both bills require DESE to move forward with the payment to the virtual provider and then withhold the amount of the payment from the district.
The bill further removes the ability of local districts to work in collaboration with parents to ensure that online programs are suitable for the student and that services entitled to the student under state and federal law are available and accessible.
MSTA testified in opposition to both HB1903 and SB648. MSTA adopted resolutions oppose public funding of virtual education without the oversight of a local education authority.
Senate committee hears bill to give districts flexibility
The Senate Education Committee heard SB662 (Arthur), which would give districts the opportunity to waive certain laws in order to improve opportunities for students.
The bill would allow a school intervention team to 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.
The State Board of Education could grant school innovation waivers to exempt schools from requirements imposed by current law, or from any regulations promulgated by the Board or the Department of Elementary and Secondary Education. Any plan for a school innovation waiver must contain 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 goal stated in the plan. The plan must also demonstrate that the intent of the law can be addressed in a more effective, efficient or economical manner and that a waiver or modification is necessary to implement the plan. The Board may propose modifications to the plan in cooperation with the school innovation team.
Any waiver granted under the bill would be effective for no longer than three school years, but school innovation waivers may be renewed. No more than one school innovation waiver could be in effect with respect to any one elementary or secondary school at one time. The State Board could not authorize the waiver of any statutory requirements relating to teacher certification, teacher tenure or any requirement imposed by federal law.
Literacy bill heard in Senate committee
One of the goals for many legislators has been to improve the delivery of reading instruction for students throughout the state - especially for students who might struggle with reading. This year that goal has been bolstered by the work of the 11 women senators who have told their own stories through a recently published children’s book that chronicles the journeys of lawmakers past and present.
Titled “You Can, Too!,” the book recounts the stories of the 36 women who have served in the state Senate over the course of the chamber’s history. The book is the product of a bipartisan effort of Missouri’s women senators to improve literacy rates across the state.
SB681 (O’Laughlin) was heard in the Senate Education Committee this week. It will be the starting point for a bill that will hopefully improve literacy. Senator Lauren Arthur has filed SB1076, also concerning literacy improvement. While MSTA could not support the current version of SB681 based on MSTA Adopted Resolutions, we are hopeful that a combination of the two literacy bills will produce a version of the bill that can be supported.
MSTA is advocating for the bill to include the following provisions: Local control over reading curriculum; Multiple options for districts to use to improve the reading ability for struggling students; Funding for professional development for reading instruction improvement; Changes made to improve reading instruction strategies in teacher prep programs; Creation of the Office of Literacy within the Department of Elementary and Secondary Education to develop a plan for a comprehensive system of services for reading instruction; and the establishment of a statewide literacy advisory council with teacher input.
House Committees work on substitute and retirement issues
HB2304 (E. Lewis) was voted do pass out of the House Elementary and Secondary Education Committee. The underlying bill relates to the granting of substitute teaching certificates and would place provisions that are similar to changes adopted by the State Board of Education into state law. The bill would allow the State Board of Education to grant certificates to individuals who have completed 36 semester hours of higher education, a 20-hour online training course developed by DESE and hold a high school diploma or equivalent. The SBOE could also grant a substitute certificate to “highly qualified individuals” (those with expertise in a technical or business field or service in the Armed Forces) if they are sponsored by a local superintendent.
The bill was amended by the committee to include a provision that would waive the work after retirement limits for PSRS/PEERS retirees for 3 years. Governor Parson had granted a temporary waiver of state statues that limit the number of hours worked and salary earned by PSRS/PEERS retirees while working for covered employers in temporary, part-time and substitute positions but that waiver expired on December 31, 2021.
In the House Pensions Committee, Rep. Rusty Black presented HB2114 which would allow PSRS retirees who work part time in PEERS covered positions to earn up to the annual earnings limit applicable to a Social Security recipient. Currently, such retirees may only earn up to 60 percent of the minimum teacher’s salary. This legislation would allow for responsible growth in the limit. The bill also extends the cap from two years to four years for the use of the critical shortage provision to hire retirees for hard to fill positions. MSTA testified in support of HB2114.
Bill Summaries
House
Elementary and Secondary Education
HB1585 (Murphy) would require DESE to develop a curriculum that contains at least one unit of instruction on the responsible use of social media. The curriculum will include standards, learning activities, resources and training including but not limited to: the purpose and acceptable use of various social media platforms, cyberbullying prevention and response, ways to identify online misinformation and the applicability of protections for freedom of speech for online interaction in school settings. School districts are mandated to adopt a curriculum similar to the DESE curriculum by the 2024-25 school year for grades 3-12 and provide a plan for professional development for teachers.
HB1903 (Christofanelli) relates to virtual education. See earlier story. MSTA testified in opposition.
HB2306 (Christofanelli) requires school board elections to be held during the November general election.
HJR 110 (Christofanelli) proposes a Constitutional amendment that would add a new section to outline specific rights to parents of Missouri children regarding education. The rights include but are not limited to the following: the right to transparent access to curricula, lesson plans, academic performance, financial information and contract negotiations; the right to choose educational options; and the right to opt a child out of any content that is disagreeable to the parent.
Executive Session
HB1747 (Basye) establishes a recall procedure for school board members. Members may not be recalled during the first 90 days or the last 180 days of their term. The recall petition requirements are outlined in the bill, as are grounds for which a recall may be called which include but are not limited to: conduct that adversely affects the rights and interests of the public; commission of an act of malfeasance; and moral turpitude. Voted do pass with committee substitute.
HB2304 (E. Lewis) See earlier story. Voted do pass with committee substitute.
Pensions
HB2114 (R. Black) See earlier story. MSTA testified in support.
Senate
Education
SB648 (Rowden) relates to virtual education. See earlier story. MSTA testified in opposition.
SB657 (Cierpiot) establishes a recall procedure for local school board members. A recall election would be held upon the submission of a petition signed by at least 25 percent of the number of registered voters who voted in the most recent school board election. A recalled school board member shall not fill the vacancy created by the recall, but he or she may seek future reelection.
SB662 (Arthur) relates to school innovation waivers. See earlier story.
SB681 (O’Laughlin) modifies current law regarding literacy and reading education, including provisions related to reading success plans, formerly known as reading intervention plans. MSTA testified in opposition.