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

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1 Legal Update Legislation Susan Goldammer Missouri School Boards Association 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 1

2 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 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 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 2

3 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. 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 stationed or deployed out of state or deployed in Missouri under active duty orders Previously just deployed 3

4 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 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) 4

5 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 tollfree 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: 5

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7 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 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. 7

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

9 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 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. 9

10 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) 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 samesex 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 10

11 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.... 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 11

12 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 Questions? 12