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Legal Update Legislation. Crazy Legislative Year. Tax Amnesty: House Bill 384 9/29/2015

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www.msbanet.org

Legal Update

Legislation

Susan Goldammer

Missouri School Boards’ Association goldammer@msbanet.org

www.msbanet.org

Crazy Legislative Year

Lots of drama!

House Speaker resigned the last week of session

Senate Democrats filibustered after vote on “Right to Work” bill

Most bills are passed the last week Fewer new state laws this year!

Tax Amnesty: House Bill 384

If you owe taxes to the state that are unpaid as of December 31, 2014, and you pay them between September 1 and November 30, 2015, the state will waive all fees and penalties.

Expectation: $60 million (?) to general revenue

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Unemployment: HB 150

Limited the length of unemployment benefits to as little as 13 weeks, depending on the average rate of unemployment in the state

Includes termination and severance pay in the calculation of wages

Employer-friendly law

Legislature overrode the governor’s veto

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Testing Drama: HB 2

State appropriations bill included funding for state assessments BUT funds cannot be used to pay licensing fees for the Smarter Balanced Assessment Consortium

Problem: Where are we going to get a test aligned to Missouri State Standards?

DRC providing K-8 test questions for 2015-16

Yet another test next year

Testing Drama: HB 2

Also requires DESE to submit a plan for the development of a new test by February 1, 2016

Also prohibits use of tests to lower a district’s accreditation or a teacher’s evaluation

Governor signed bill but stated that the administration would not follow these directives – not allowed to legislate in appropriations bill

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Board Candidate Drama: HB 63

Cannot run for school board if you were formerly the superintendent of the district

Reversed changes to election laws made the previous year

Allowed Springfield School District to keep 3 year terms

St. Joseph candidates do not have to petition

Vetoed!!! Veto override, but after election where Springfield Board members were elected for 6 year terms.

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Board Candidate Drama: SB 104

Added some candidate requirements back in – No federal felony or misdemeanor

– No Missouri felony or an offense in another state that would be considered a felony in Missouri – Can be removed from ballot if delinquent on

payment of state income taxes, property taxes, or municipal taxes

Former superintendents CAN run

St. Joseph School Board: 3 year terms

Residency: SB 116

Minor change in the student residency laws

No need for a waiver if a student is living in the district with persons other than the student’s parents because the parent is

stationedor deployed out of state or deployed in Missouri under active duty orders

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A+ Scholarship: SB 224

Regulation requires students to be “a U.S. citizen, permanent resident, or otherwise lawfully present in the United States . . .” New law requires students to be a “citizen

or permanent resident” of the U.S.

More narrow and excludes those not being deported due to President Obama’s Executive Order

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Protective Orders: SB 321

Protective orders for juveniles, against juveniles

Statute expanded to allow protective orders for sexual assault as well Problem: Could prevent a student from

attending school

Child Abuse: SB 341

Mandated reporter must report child abuse Children are sometimes abused by other

children, including sexual abuse Must report

This statute clarifies that Children’s Division must take action when there is a juvenile with problem sexual behavior (i.e. has abused other children)

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Child Abuse: SB 341

Each school must post in a clearly visible location in a public area of the school a sign in English and Spanish that contains a toll-free child abuse and neglect hotline number

Must also post in all student restrooms

Must be posted at eye level for the students

Must be printed 11 x 17

CD has developed signs districts may use: http://dss.mo.gov/cd/can.htm

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Sex Education: HB 501

State law on sex education expanded to require course materials to include:

Teaching students about the dangers of sexual predators, including online predators

How to behave responsibly and remain safe on the Internet

Teaching students about the consequences of inappropriate text messaging, even among friends

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Sex Education: HB 501

Importance of having open communication with responsible adults and to report any inappropriate situation to a responsible adult, local law enforcement, the FBI or the National Center for Missing and Exploited Children’s CyberTipline Policy IGAEB

Policy EHB (Similar requirements for federal law)

Immunization: SB 341

Daycares, preschools and nursery schools must notify the parent or guardian that he or she may request notice of whether there are children currently enrolled in or attending the facility for which an immunization exemption has been filed.

If a parent or guardian asks: Yes/No

Do not provide more details.

Provide notice at initial enrollment or attendance, but this year no later than December 1.

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Sample Notice

In accordance with state law, a parent or guardian may request notification from the district if there is a child with an exemption from immunization filed with the district currently enrolled in or attending the facility at which the district’s preschool/nursery school/daycare is located. If you are interested in this information, please make your request to [title, contact information].

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Revised Immunization Regulations

Supt. or designee must review immunization requirements annually

Must use original DHSS forms for exemptions – Medical provider, public health department,

DHSS

5x7 cards: Any student enrolled after 1/1/12 – Parent/Guardian exemptions (preschool): brown

font

– Religious exemptions: black font – Medical exemptions: red font

Future Immunization Requirements

All children entering the 8th grade in 2016-2017 will be required to have a MCV4 (bacterial meningitis) vaccination. All children entering the 12th grade in

2016-2017 will be required to have a booster dose of MCV4 vaccination.

– if no previous dose was given, then a single dose after 16 years of age will be required.

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Speech-Language Pathologist:

SB 107

Eliminates the requirement for a clinical fellowship for a speech-language pathologist to receive a full license from the Board of Healing Arts (and therefore a full certificate from DESE)

Note: Licensed speech-language pathology assistants are those with a bachelors, but not a masters degree. Must be supervised by an SLP

– Might be a better option to hire than using a certificated teacher

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Preschool Teacher/Aide

Qualifications

To collect state aid for preschool students Lead teacher: teaching certificate in early

childhood education or early childhood special education

TA or paraprofessional for classes with more than 10 children: child development associate’s degree; associate’s degree in early childhood; or 60 college hours with a minimum of 3 college hours in early childhood, child development or child/family related courses and experience with young children

Retirement Regulations

Effective July 1, 2016, retiree will not be eligible for retirement if they reach an agreement (written or unwritten) for future employment with a school district prior to receiving his or her first benefit payment. Redefined “early retirement incentive” to

exclude incentives for early notice of resignation/retirement.

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Interpreters for Those With

Communications Disabilities

Must be provided free of charge and licensed

Cannot require a family member or student to interpret for another

– Exception: Emergency involving an imminent threat to the safety or welfare of an individual or the public

– Exception: When the person with a disability requests, an adult may interpret (not a minor)

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Policy

FMLA and Policy GBBDA

Most Know: Same-sex marriage is legal and employees may now use FMLA leave for the serious health condition of a same-sex spouse

Most Do Not Know: The same is true for common-law marriage.

– Alabama, Colorado, District of Columbia, Georgia (if created before 1/1/97), Idaho (if created before 1/1/96), Iowa, Kansas, Montana

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Omni Circular Policies

Federal regulations now require districts to adopt specific policies and procedures regarding the request for and expenditure of federal funds.

Policy DLCA and Procedures CGC-AP2, AP3

Adopt right away!

More coming next year . . . .

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Transgender Student Policies

U.S. DOE OCR and DOJ Case Law

MSBA Supplemental Policies: 2 Versions

Upcoming MSBA Policies

Omni Circular Procedures – Ethics

– Gifts and Gratuities – Purchasing

KKB, Recording

– MOST (Missouri Observation Simulation Tool)

Discipline and Admission Policies – Changes in Criminal Code

JO, Student Records – Student data privacy

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Upcoming MSBA Policies

GBEBC, Criminal Background Checks

– New rules

JEC, Admissions

– Stronger statement on immunizations

JHCD, Immunizations

IGAEB, Teaching about Human Sexuality BBE, Vacancies on the Board

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Questions?

References

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