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Legal Update
Legislation
Susan Goldammer
Missouri School Boards’ Association goldammer@msbanet.org
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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 earlychildhood 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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