HB 2476

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2476
                           103RD GENERAL ASSEMBLY
                            INTRODUCED BY REPRESENTATIVE LEWIS.
 5065H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To repeal section 160.265, RSMo, and section 163.021 as enacted by senate bill no. 727, one
        hundred second general assembly, second regular session, and to enact in lieu thereof
        two new sections relating to state aid for schools.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Section 160.265, RSMo, and section 163.021 as enacted by senate bill no.
2 727, one hundred second general assembly, second regular session, are repealed and two new
3 sections enacted in lieu thereof, to be known as sections 160.265 and 163.021, to read as
4 follows:
         160.265. 1. A student who is subject to a suspension or expulsion as provided under
2 this chapter or chapter 167 shall be counted as being in attendance for up to one hundred
3 eighty days for the following purposes:
4(1) Calculating the attendance rate under the Missouri school improvement plan or
5 any other similar school accountability system utilized by the department that utilizes student
6 attendance as a metric of school performance; and
7(2) Calculating a local education agency's weighted average daily attendance under
8 section 163.031.
92. A suspension or expulsion issued to a student shall not remove the
10 responsibility to educate the student as required by state law.
         163.021. 1. A school district shall receive state aid for its education program only if
2 it:
3(1) Provides for at least a minimum school term as provided in section 171.031[.
4 When the aggregate hours lost in a term due to inclement weather decreases the total hours of
 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.
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5 the school term below the required minimum number of hours by more than twelve hours for
6 all-day students or six hours for one-half-day kindergarten students, all such hours below the
7 minimum must be made up as provided in section 171.033];
8(2) Maintains adequate and accurate records of attendance, personnel and finances, as
9 required by the state board of education, which shall include the preparation of a financial
10 statement which shall be submitted to the state board of education the same as required by the
11 provisions of section 165.111 for districts;
12(3) Levies an operating levy for school purposes of not less than one dollar and
13 twenty-five cents after all adjustments and reductions on each one hundred dollars assessed
14 valuation of the district; and
15(4) Computes average daily attendance as defined in subdivision (2) of section
16 163.011 as modified by section 171.031. Whenever there has existed within the district an
17 infectious disease, contagion, epidemic, plague or similar condition whereby the school
18 attendance is substantially reduced for an extended period in any school year, the
19 apportionment of school funds and all other distribution of school moneys shall be made
20 on the basis of the school year next preceding the year in which such condition existed.
212. For the 2006-07 school year and thereafter, no school district shall receive more
22 state aid, as calculated under subsections 1 and 2 of section 163.031, for its education
23 program, exclusive of categorical add-ons, than it received per weighted average daily
24 attendance for the school year 2005-06 from the foundation formula, line 14, gifted, remedial
25 reading, exceptional pupil aid, fair share, and free textbook payment amounts, unless it has an
26 operating levy for school purposes, as determined pursuant to section 163.011, of not less
27 than two dollars and seventy-five cents after all adjustments and reductions. Any district
28 which is required, pursuant to Article X, Section 22 of the Missouri Constitution, to reduce its
29 operating levy below the minimum tax rate otherwise required under this subsection shall not
30 be construed to be in violation of this subsection for making such tax rate reduction. Pursuant
31 to Section 10(c) of Article X of the state constitution, a school district may levy the operating
32 levy for school purposes required by this subsection less all adjustments required pursuant to
33 Article X, Section 22 of the Missouri Constitution if such rate does not exceed the highest tax
34 rate in effect subsequent to the 1980 tax year. Nothing in this section shall be construed to
35 mean that a school district is guaranteed to receive an amount not less than the amount the
36 school district received per eligible pupil for the school year 1990-91. The provisions of this
37 subsection shall not apply to any school district located in a county of the second
38 classification which has a nuclear power plant located in such district or to any school district
39 located in a county of the third classification which has an electric power generation unit with
40 a rated generating capacity of more than one hundred fifty megawatts which is owned or
41 operated or both by a rural electric cooperative except that such school districts may levy for
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42 current school purposes and capital projects an operating levy not to exceed two dollars and
43 seventy-five cents less all adjustments required pursuant to Article X, Section 22 of the
44 Missouri Constitution.
453. No school district shall receive more state aid, as calculated in section 163.031, for
46 its education program, exclusive of categorical add-ons, than it received per eligible pupil for
47 the school year 1993-94, if the state board of education determines that the district was not in
48 compliance in the preceding school year with the requirements of section 163.172, until such
49 time as the board determines that the district is again in compliance with the requirements of
50 section 163.172.
514. No school district shall receive state aid, pursuant to section 163.031, if such
52 district was not in compliance, during the preceding school year, with the requirement,
53 established pursuant to section 160.530 to allocate revenue to the professional development
54 committee of the district.
555. No school district shall receive more state aid, as calculated in subsections 1 and 2
56 of section 163.031, for its education program, exclusive of categorical add-ons, than it
57 received per weighted average daily attendance for the school year 2005-06 from the
58 foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and
59 free textbook payment amounts, if the district did not comply in the preceding school year
60 with the requirements of subsection 5 of section 163.031.
616. Any school district that levies an operating levy for school purposes that is less
62 than the performance levy, as such term is defined in section 163.011, shall provide written
63 notice to the department of elementary and secondary education asserting that the district is
64 providing an adequate education to the students of such district. If a school district asserts
65 that it is not providing an adequate education to its students, such inadequacy shall be deemed
66 to be a result of insufficient local effort. The provisions of this subsection shall not apply to
67 any special district established under sections 162.815 to 162.940.
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