Text of MO SB 740 (2022)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 740 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR EIGEL. 3990S.02I ADRIANE D. CROUSE, Secretary AN ACT To repeal sections 162.083, 162.221, 162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 162.821, 162.825, 162.865, 162.867, 162.910, 167.029, and 167.181, RSMo, and to enact in lieu thereof thirty- three new sections relating to elementary and secondary education, with effective dates. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 162.083, 162.221, 162.223, 162.241, 1 162.261, 162.291, 162.301, 162.341, 162.431, 162.459, 162.471, 2 162.481, 162.492, 162.601, 162.821, 162.825, 162.865, 162.867, 3 162.910, 167.029, and 167.181, RSMo, are repealed and thirty- 4 three new sections enacted in lieu thereof, to be known as 5 sections 160.3100, 160.3102, 160.3104, 160.3106, 160.3108, 6 160.3110, 160.3112, 160.3114, 160.3116, 160.3118, 162.082, 7 162.083, 162.221, 162.223, 162.241, 162.261, 162.291, 162.301, 8 162.341, 162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 9 162.821, 162.825, 162.865, 162.867, 162.910, 167.029, 167.181, 10 and 167.780, to read as follows: 11 160.3100. Sections 160.3100 to 160.3118 shall be known 1 and may be cited as the "Public Education Transparency 2 Act". The purposes of the act are: 3 (1) To ensure the powers of the people over the 4 internal affairs of government, that is, "the people of this 5 state have the inherent, sole, and exclusive right to 6 regulate the internal government and police thereof" as per 7 SB 740 2 Article I, Section 3 of the Missouri Constitution are not 8 infringed; 9 (2) To ensure that the purpose of free public schools 10 is "A general diffusion of knowledge and intelligence being 11 essential to the preservation of the rights and liberties of 12 the people", as per Article IX, Section 1(a) of the Missouri 13 Constitution is preserved; 14 (3) To ensure that school boards in Missouri provide 15 transparency in the training, instruction, survey, and 16 evaluation materials used in association with professional 17 development and student instruction as provided in section 18 170.231 and section 610.011, and comply with the federal 19 Protection of Pupil Rights Amendment as appropriate, and 20 give parents, students, and school employees' reasonable 21 access to review and opt out of such materials that violate 22 their rights and liberties before they are presented; 23 (4) To ensure that public schools and their employees 24 apply the protections of the U.S. Constitution, federal 25 civil rights laws regarding desegregation, employment, and 26 due process to a free and appropriate education consistently 27 with respect to sex, race, ethnicity, religion, skin color, 28 or national origin of individuals, and prohibit Missouri's 29 public schools from teaching or implementing ideas and 30 concepts that are contrary to this aim; 31 (5) To ensure that public schools do not compel 32 students to engage in political or social activism or 33 advocacy as a component of any school assignment or extra- 34 curricular activity; 35 (6) To ensure the state's duty to protect to the 36 fullest degree intellectual freedom and free expression and 37 prevent government entities and actors from compelling 38 students, teachers, administrators, and other employees of 39 SB 740 3 public education settings to affirm prescribed speech or 40 beliefs; 41 (7) To affirm that parents have a fundamental right to 42 direct the upbringing and education of their children and to 43 opt their children out of instruction or activities that 44 violate their religious beliefs or freedom of conscience as 45 provided in Article I, Section 5 of the Missouri 46 Constitution. 47 160.3102. As used in sections 160.3100 to 160.3118, 1 the following terms shall mean: 2 (1) "Activities", any instructional task, including, 3 but not limited to, presentations, assemblies, lectures, or 4 other activities or events facilitated by the school, 5 excluding student presentations; 6 (2) "Civics", the study of the theoretical and 7 practical aspects of citizenship, its rights and duties; the 8 duties of citizens to each other as members of a civil 9 body. "Civics" includes the study of civil law and civil 10 code, and the study of government with attention to the role 11 of citizens in the operation and oversight of government; 12 (3) "Instructional materials", any material used for 13 instruction, including, but not limited to, all textbooks, 14 other reading materials, videos, digital materials, 15 websites, and other online applications; 16 (4) "Parent", any individual standing in loco parentis; 17 (5) "Public school", the same meaning as in section 18 160.011, including charter schools; 19 (6) "Standards of professional conduct", teaching from 20 primary sources, providing reference citations and 21 documentation leaving a clear trail for third party review. 22 Any changes to a primary source or published secondary work, 23 whether digital or print, should be noted; 24 SB 740 4 (7) "Social studies", history and governments. The 25 subject area of history and government shall incorporate 26 geography and the history and governments of the United 27 States and the world, as well as economics and civics. 28 160.3104. 1. The state board of education shall 1 instruct the commissioner of education that the department 2 of elementary and secondary education shall be in compliance 3 with the requirements of section 170.231 without the 4 necessity of a person seeking such material under chapter 5 610 and that all professional development materials 6 sponsored by the department be posted on the department's 7 website prior to use. 8 2. The state board of education shall instruct the 9 department that it shall not contract with any vendor for 10 proprietary materials that are prohibited from public review. 11 3. The attorney general or the prosecuting or circuit 12 attorney for the county in which an alleged violation of 13 this section occurs may initiate a suit against the local 14 school board or governing body and its individual members in 15 the circuit court in which the school district or charter 16 school is located for the purpose of complying with this 17 section. 18 160.3106. 1. The state board of education shall 1 instruct the commissioner of education to draft for approval 2 of the state board such Missouri school improvement program 3 (MSIP) standards as necessary to evaluate: 4 (1) Local school board compliance with section 5 170.231, without the necessity of a person seeking such 6 material under chapter 610, and that neither the department 7 nor the governing body of any public school shall contract 8 with any vendor for proprietary materials that are 9 prohibited from public review; 10 SB 740 5 (2) Local school board approval of textbooks including 11 online texts, supplementary texts, and reference texts that 12 meet academic standards of professionalism and ethics 13 integrity with respect to reference citations; 14 (3) Local school board compliance with chapter 573; 15 (4) Local school board approval of curricular content 16 that defines "social studies" and that social studies 17 content meets standards of professional conduct. 18 2. The following information shall be posted on the 19 department and school websites in an easily accessible 20 location: 21 (1) A statement affirming that each local school board 22 shall be responsible for the approval and adoption of 23 curriculum used by the school district as provided in 24 section 160.516, and that each local school board shall be 25 responsible to provide textbooks including books formatted 26 as online text material, supplementary texts, library and 27 reference books, contractual educational television 28 services, and any other instructional supplies for all the 29 pupils of the public schools of the district. All 30 instructional materials shall be furnished as provided in 31 section 170.051; 32 (2) All professional development or training materials 33 used with staff or faculty. No school district shall use 34 proprietary materials that are protected from public review. 35 3. The following information shall be displayed on 36 school websites in an easily accessible location: 37 (1) All curricula, lesson plans, and course syllabi, 38 formal and informal curricular materials in public domain 39 with an explanation of how such materials are aligned to the 40 purpose of free public education as prescribed in Article 41 IX, Section 1(a) of the Missouri Constitution; 42 SB 740 6 (2) All formal and informal copyrighted curricular 43 materials shall be identified with the following information 44 at a minimum: 45 (a) The title, author, organization, and any website 46 associated with instructional materials or activities; 47 (b) A brief description of the instructional material 48 or activities; 49 (c) A link to open-source instructional material, or 50 if material is not publicly available on the internet, 51 information on how to request review of a copy of the 52 instructional material; 53 (d) The identity of the teacher if the instructional 54 material was created by the teacher; 55 (e) An explanation of how the material is aligned to 56 the purpose of free public education as prescribed in the 57 Article IX, Section 1(a) of the Missouri Constitution; 58 (3) Any procedures for the documentation, review, or 59 approval of the training, instructional, or curricular 60 materials used for staff and faculty training or student 61 instruction at the school, including by the principal, 62 curriculum administrators, or other teachers; 63 (4) Any procedures for parents to opt students out of 64 formal and informal instruction, including student 65 assemblies. 66 (a) Parents shall be informed in an easily assessable 67 manner and a reasonable amount of time of any lecture or 68 assembly presented in any format, including virtual 69 meetings. At a minimum, notification shall include the name 70 of the speaker or event, the objective of the lecture or 71 assembly, date, time, and information for the procedure for 72 parents to opt students out of participation. 73 SB 740 7 (b) Opting out of participation in formal or informal 74 curricula through processes designated by the school 75 district shall not be recorded in the student's record or 76 affect student grades, class rank, or standing in any manner. 77 4. The information required by subsections 2 and 3 of 78 this section shall be displayed online prior to the first 79 instance of training or instruction and accompanied by the 80 information for opting out of such training or instruction. 81 Such information shall remain displayed on the school 82 website for at least two years. Failure to comply with this 83 subsection shall result in a fine on the district of one 84 thousand dollars per day beginning on the date the 85 instruction occurred. 86 5. The attorney general or the prosecuting or circuit 87 attorney with jurisdiction over the school district or 88 charter school in which an alleged violation of this section 89 occurs may initiate a suit against the local school board or 90 governing body and its individual members in the circuit 91 court in which the school district or charter school is 92 located for the purpose of complying with this section. 93 6. An attorney acting on behalf of a school district 94 or charter school or entity responsible for the oversight of 95 the public school may request a legal opinion of the 96 attorney general as to whether a particular piece of 97 training, instructional, or curricular material fits under 98 this section. 99 160.3108. 1. Each school district or charter school 1 shall make available to the public on the institution's 2 website all budgets, expenditures, vendors, and contracts. 3 The information listed on the institution's website shall 4 include: 5 SB 740 8 (1) An annual budget that includes anticipated 6 revenues and expenditures for each school district or 7 charter school; 8 (2) A report comparing the budget with actual 9 expenditures that shows the budget, actual revenue and 10 expense transactions, revenue and expense encumbrances, and 11 budget balance information for each school district or 12 charter school; 13 (3) A budgeted salary report that shows the name, 14 title, classifications, full-time equivalent (FTE) 15 percentage, annual salary, funding sources, and percentage 16 of salary for a specified budget for full-time and part-time 17 positions; 18 (4) A transaction register that contains a complete 19 record of all funds expended, from whatever source for 20 whatever purpose. 21 (a) The register shall include for each expenditure: 22 a. The transaction amount; 23 b. The name of the payee; 24 c. The identification number of the transaction; and 25 d. A description of the expenditure, including the 26 source of funds, a category title, and an object title for 27 the expenditure. 28 (b) The register shall include all reimbursements for 29 expenses. 30 (c) The register shall include an entry for salary, 31 wages, or other compensation paid to individual employees. 32 (d) The register shall not include a Social Security 33 number. 34 (e) The register shall be accompanied by a complete 35 explanation of any codes or acronyms used to identify a 36 payee or an expenditure. 37 SB 740 9 (5) Month-end financial statements that show the 38 current status of project budgets, expenditures, 39 commitments, and balances; 40 (6) Any information that is expressly prohibited from 41 public disclosure by federal or state law or regulation 42 shall be redacted from any posting required by this 43 subsection. 44 2. Content format and retention of information 45 required by subsection 1 of this section shall: 46 (1) Be accessible from the institution's website home 47 page by use of not more than two links; 48 (2) Be searchable by keywords and phrases; and 49 (3) Be accessible to the public without requiring 50 registration or use of a username, a password, or any other 51 user identification; 52 (4) Be updated quarterly to present expenditure data 53 for the current fiscal year; 54 (5) Retain expenditure data until ten years of 55 expenditure data are available, after which the website 56 shall retain at least ten years of expenditures. 57 160.3110. 1. The state board of education shall 1 require that all academic standards used to design, 2 implement, assess, and evaluate instruction in public 3 schools reflect a non-indoctrination principle, prohibiting 4 imposition of any orthodoxy of a political, religious, or 5 ideological nature. 6 2. Local school boards shall require that all formal 7 and informal instruction reflect a non-indoctrination 8 principle, prohibiting imposition of or participation in any 9 activity associated with any orthodoxy of a political, 10 religious, or ideological nature and providing that 11 instruction shall be balanced with comparisons of 12 SB 740 10 alternative political, religious, or ideological points of 13 view in the same instructional unit. Nothing in this 14 subsection shall be construed as prohibiting objective 15 subject matter content derived from sources that meet 16 standards of professional conduct. Failure to comply with 17 this subsection shall result in removal of the violating 18 teacher's certification to teach. 19 3. The state board of education shall adopt standards 20 and rules and implement policies as necessary to comply with 21 the requirements of this section. The state board of 22 education shall report on activity of the board 23 demonstrating compliance with this section to the joint 24 committee on education no later than January 15, 2023. Any 25 rule or portion of a rule, as that term is defined in 26 section 536.010, that is created under the authority 27 delegated in this section shall become effective only if it 28 complies with and is subject to all of the provisions of 29 chapter 536 and, if applicable, section 536.028. This 30 section and chapter 536 are nonseverable and if any of the 31 powers vested with the general assembly pursuant to chapter 32 536 to review, to delay the effective date, or to disapprove 33 and annul a rule are subsequently held unconstitutional, 34 then the grant of rulemaking authority and any rule proposed 35 or adopted after the effective date of this act, shall be 36 invalid and void. 37 4. No school district, or school within a school 38 district, charter school, service provider, vendor, or any 39 affiliated non-governmental organization shall: 40 (1) Direct or otherwise compel students to personally 41 affirm, adopt, or adhere to statements that ascribe 42 character traits, values, moral or ethical codes, 43 privileges, or beliefs to a race or sex, or to an individual 44 SB 740 11 because of the individual's race, sex, ethnicity, religion, 45 color, or national origin; 46 (2) Permit teachers or administrators to require or 47 make part of a course or award a grade or course credit, 48 including extra credit, for: 49 (a) A student's political activism, lobbying, or 50 efforts to persuade members of the legislative or executive 51 branch at the federal, state, or local level to take 52 specific actions by direct communication; or 53 (b) Participation in any internship, practicum, or 54 similar activity involving social or public-policy advocacy; 55 (3) Direct or otherwise compel a teacher, 56 administrator, or student personally to affirm, adopt, or 57 adhere to any belief or concept that violates their freedom 58 of conscience, or engage in any activity that violates their 59 freedom of speech, or mandates that they engage in any 60 activity that segregates participants into categories based 61 on race or sex, ethnicity, religion, color, or national 62 origin; 63 (4) Use public funds to contract with, hire, or 64 otherwise engage speakers, consultants, diversity trainers, 65 and other persons: 66 (a) To engage students, teachers, administrators, and 67 other employees in activities, activism or advocacy that 68 violates their freedom of religion or conscience; 69 (b) To direct or otherwise compel a teacher, 70 administrator, or student to affirm, adopt, or adhere to any 71 belief or concept described in subdivision (2) of this 72 subsection; or 73 (c) To advocate concepts that undermine the 74 constitutional purpose of public education as described in 75 the Article IX 1(a) of the Missouri Constitution unless: 76 SB 740 12 a. The school expressly makes clear that it does not 77 sponsor, approve, or endorse such concepts or materials; and 78 b. The school affords students, teachers, 79 administrators, and other employees the opportunity to opt 80 out of any instruction, speeches by or sessions with such 81 outside contractors, as specified under this section. The 82 school shall offer alternative professional development 83 opportunities to students and personnel without cost or 84 penalty. 85 5. No school district, public school, or governmental 86 entity responsible for the oversight of public secondary or 87 elementary schools shall require a student, teacher, 88 administrator, or other employee of a school district, or 89 public school to: 90 (1) Attend or participate in an assembly, a training, 91 seminar, continuing education, orientation, or therapy that 92 promotes any concept described in this section or any 93 combination of these concepts; 94 (2) Make part of a course, or award course grading or 95 credit including extra credit for, political activism, 96 lobbying, or efforts to persuade members of the legislative 97 or executive branch to take specific actions by direct 98 communication at the local, state, or federal level, or any 99 practicum or like activity involving social or public policy 100 advocacy; 101 (3) Assign individuals or groups of students to 102 participate in class or complete assignments based on their 103 racial identity. 104 6. Nothing in this section shall be construed as 105 prohibiting: 106 SB 740 13 (1) Speech protected by the First Amendment of the 107 U.S. Constitution or Article I, Section 8 of the Missouri 108 Constitution; 109 (2) Voluntary attendance in a training session, 110 seminar, continuing education, orientation, or therapy, 111 provided that no mandate, inducement or coercion for such 112 attendance exists; 113 (3) Access to sources on an individual basis for the 114 purpose of research or independent study; or 115 (4) Discussion of concepts described in subsection 4 116 of this section or the assignment of materials that 117 incorporate such concepts for educational purposes, provided 118 that the public school expressly makes clear that it does 119 not sponsor, approve, or endorse such concepts or materials. 120 7. The attorney general or the prosecuting or circuit 121 attorney with jurisdiction over the school district or 122 charter school in which an alleged violation of this section 123 occurs may initiate a suit against the local school board or 124 governing body and its individual members in the circuit 125 court in which the school district or charter school is 126 located for the purpose of complying with this section. 127 8. An attorney acting on behalf of a school district 128 or charter school or entity responsible for the oversight of 129 the public school may request a legal opinion of the 130 attorney general as to whether a particular piece of 131 training, instructional, or curricular material fits under 132 this section. 133 160.3112. 1. The state board of education shall adopt 1 a Missouri school improvement plan standard that evaluates 2 school districts for compliance with the equal protection 3 clause of the Fourteenth Amendment to the U.S. Constitution 4 and federal civil rights laws regarding employment. The 5 SB 740 14 standard shall require that no personnel shall be hired, 6 fired, or denied promotion on the basis of his or her sex, 7 race, ethnicity, religion, skin color, national origin, or 8 political or religious beliefs. 9 2. Local school boards shall post board-adopted hiring 10 policies compliant with the equal protection clause of the 11 Fourteenth Amendment to the U.S. Constitution and federal 12 civil rights laws regarding employment. Hiring policies 13 shall require that no personnel shall be hired, fired, or 14 denied promotion on the basis of his or her sex, race, 15 ethnicity, religion, skin color, national origin, or 16 political or religious beliefs. 17 3. The attorney general or the prosecuting or circuit 18 attorney for the school district or charter school in which 19 an alleged violation of this section occurs may initiate a 20 suit against the local school board or governing body and 21 its individual members in the circuit court in which the 22 school district or charter school is located for the purpose 23 of complying with this section. 24 160.3114. 1. Local school boards shall post student 1 discipline policies in compliance with and reference to 2 section 160.261. 3 2. The attorney general or the prosecuting or circuit 4 attorney with jurisdiction over the school district or 5 charter school in which an alleged violation of this section 6 occurs may initiate a suit against the local school board or 7 governing body and its individual members in the circuit 8 court in which the school district or charter school is 9 located for the purpose of complying with this section. 10 160.3116. 1. Placement of individual students in 1 special education settings to receive special education 2 services shall be determined only according to the process 3 SB 740 15 and procedures of the federal Individuals with Disabilities 4 Act and without reference to that student's membership in a 5 group identified by sex, race, ethnicity, religion, skin 6 color, or national origin. 7 2. Parents may initiate a suit against the local 8 school board and local school board members in the district 9 or county court in the jurisdiction in which the school 10 district, public school, public charter school, or other 11 governmental entity responsible for the oversight of public 12 schools is located for the purpose of complying with this 13 section. 14 160.3118. The provisions of sections 160.3100 to 1 160.3118 are hereby declared to be severable. If any 2 provision of sections 160.3100 to 160.3118 or the 3 application of such provision to any person or circumstance 4 is declared or held to be invalid for any reason, such 5 declaration or holding shall not affect the validity of the 6 remaining portions of sections 160.3100 to 160.3118 and the 7 application of its provisions to any other persons or 8 circumstances. 9 162.082. 1. Every school board member election shall 1 be the first Tuesday after the first Monday in November of 2 even-numbered years, and the term of every school board 3 member elected in 2024 or thereafter shall be four years, 4 except as specifically provided in other sections. 5 2. No school board election shall be held in 2023 or 6 any other odd-numbered year. Any school board member whose 7 term expires in 2023 or any other odd-numbered year shall 8 continue to serve until the election in the following even- 9 numbered year. The term of any board member serving a term 10 as of January 1, 2023, may be lengthened in accordance with 11 this section but shall not be shortened. 12 SB 740 16 3. In an even-numbered year, the number of school 13 board seats to be elected shall be equal to those with terms 14 that would have expired in the previous odd-numbered year 15 and those with terms expiring in such even-numbered year. 16 Except as specifically provided in other sections, the 17 candidates in each school board election receiving the 18 highest number of votes shall be elected for terms of four 19 years. 20 4. As used in this chapter, "school board member 21 election" or "school board election" means the election held 22 on the first Tuesday after the first Monday of November in 23 even-numbered years starting in 2024. 24 162.083. 1. The state board of education may appoint 1 additional members to any special administrative board 2 appointed under section 162.081. 3 2. The state board of education may set a final term 4 of office for any member of a special administrative board, 5 after which a successor member shall be elected by the 6 voters of the district. 7 (1) All final terms of office for members of the 8 special administrative board established under this section 9 shall expire on June thirtieth. 10 (2) The election of a successor member shall occur on 11 the [general municipal election day] first Tuesday after the 12 first Monday in November of the even-numbered year 13 immediately prior to the expiration of the final term of 14 office. 15 (3) The election shall be conducted in a manner 16 consistent with the election laws applicable to the school 17 district. 18 3. Nothing in this section shall be construed as 19 barring an otherwise qualified member of the special 20 SB 740 17 administrative board from standing for an elected term on 21 the board. 22 4. On a date set by the state board of education, any 23 district operating under the governance of a special 24 administrative board shall return to local governance, and 25 continue operation as a school district as otherwise 26 authorized by law. 27 162.221. 1. When the voters of any one or more 1 districts as authorized in section 162.211, except those 2 districts designated in subdivision (2) thereof, desire to 3 form a seven-director district, a petition signed by at 4 least ten percent in number of those voting for school board 5 members in the last [annual] school board election in each 6 district or one hundred voters, whichever is the higher 7 number, shall be filed with the state board of education. 8 On receipt of the petition, a representative of the state 9 department of education, designated by the commissioner of 10 education, shall visit the districts and determine the exact 11 boundaries of the proposed seven-director district. In 12 determining these boundaries, he or she shall so locate the 13 boundary lines as will in his or her judgment form the best 14 possible seven-director district, having due regard also to 15 the welfare of adjoining districts. 16 2. Within sixty days after the receipt of the 17 petition, the commissioner of education shall submit the 18 question to the voters of the proposed district. The notice 19 shall include a statement of the purpose together with a 20 plat of the proposed district. The state commissioner shall 21 file a copy of the petition and of the plat with the county 22 clerk. The election shall be conducted in the manner 23 provided in section 162.191. 24 SB 740 18 162.223. 1. When the voters in any two or more 1 adjacent districts without limitation as to size or 2 enrollment desire to consolidate and form a new district, a 3 petition asking for an election upon the question of 4 consolidation shall be filed with the boards of education of 5 the affected districts; provided, however, that such 6 petition shall be signed by ten percent of those in each 7 district who voted for school directors at the last election 8 in which such directors were elected, or one hundred voters, 9 whichever is the higher number. 10 2. As an alternative to the procedure in subsection 1 11 of this section, two or more adjacent districts may, by a 12 majority vote of each board of education, call for an 13 election upon the question of consolidation. 14 3. The question shall be submitted in substantially 15 the following form: 16 Shall the ______ school district and the ______ 17 school district (and the ______ school district) 18 form a new district with a tax rate ceiling of 19 ______ per one hundred dollars of assessed 20 valuation? If this proposition is approved, the 21 adjusted operating levy of the new school 22 district is estimated to be ______ (amount) per 23 one hundred dollars of assessed valuation. 24 4. The board of directors of each affected district 25 shall cause the question to be included on the ballot to be 26 submitted to the voters in each such district at the next 27 election day. A plat of the proposed new district shall be 28 published and posted with the notices of election. 29 5. The results of the voting on the proposal in each 30 district affected shall be certified to the state 31 commissioner of education by the secretary of each board of 32 SB 740 19 education of each district or by such other person or body 33 charged with conducting such elections and, should the 34 majority of the votes cast in each affected district be in 35 favor of the proposal, the state commissioner shall declare 36 the new district formed as of July first following the 37 submission of the question. 38 6. If the commissioner of education declares, before 39 the closing date for filing for the election of board 40 members [on the municipal election date], that the new 41 district is to be formed as of July first, no candidates 42 shall be certified by the districts involved in the 43 consolidation and the board members whose terms would 44 otherwise have expired on that date shall remain as board 45 members until July first. In consolidation cases where 46 there is insufficient time from the date the commissioner of 47 education declares that the new district shall be formed as 48 of July first and July first to hold an election of board 49 members, seven board members from the boards of the 50 consolidating districts shall be drawn by lot to serve until 51 the next election at which the new board of education can be 52 elected. The number of board members selected from one 53 district shall not exceed the quotient resulting from seven 54 divided by the number of districts consolidating rounded 55 down to the nearest whole number plus one. The commissioner 56 of education or a designee shall supervise the drawing, by 57 lot, of the board members which shall be approved by the 58 state board of education. 59 162.241. If a proposal to form a district pursuant to 1 the provisions of sections 162.171 to 162.191, 162.211 and 2 162.221, or section 162.223 receives the required majority 3 of the votes cast on the proposition, the state board of 4 education or the county commission, in the case of a 5 SB 740 20 district formed pursuant to the provisions of sections 6 162.171 to 162.191 or 162.211 and 162.221, shall order an 7 election in the district to be held. This election shall be 8 for the purpose of electing seven members to serve on the 9 school board of the district. Such election shall be held 10 on the [next election day as provided under section 115.123] 11 first Tuesday after the first Monday in November of an even- 12 numbered year. The election shall be conducted in the 13 manner provided by section 162.371. A letter from the 14 commissioner of education, delivered by certified mail to 15 the presiding commissioner of the county commission of the 16 county to which the district formed by provisions of section 17 162.223 is assigned shall be the authority for the county 18 commission to proceed with election procedures in the same 19 manner as they would be performed by the district board of 20 education were it in existence; but the costs of the 21 election shall be paid from the incidental fund of the new 22 district. [Two] Three directors shall be elected to serve 23 [until the next municipal election] two-year terms, two to 24 serve [until the second municipal election] four-year terms, 25 and two to serve [until the third municipal election. The 26 seventh board member shall be elected to serve until the 27 municipal election during which the majority of school 28 districts elect three board members] six-year terms. Any 29 director elected after this initial election shall serve a 30 four-year term. 31 162.261. 1. The government and control of a seven- 1 director school district, other than an urban district, is 2 vested in a board of education of seven members, who hold 3 their office for [three] four years, except as provided in 4 section 162.241, and until their successors are duly elected 5 and qualified. Any vacancy occurring in the board shall be 6 SB 740 21 filled by the remaining members of the board; except that if 7 there are more than two vacancies at any one time, the 8 county commission upon receiving written notice of the 9 vacancies shall fill the vacancies by appointment. If there 10 are more than two vacancies at any one time in a county 11 without a county commission, the county executive upon 12 receiving written notice of the vacancies shall fill the 13 vacancies, with the advice and consent of the county 14 council, by appointment. The person appointed shall hold 15 office until the next [municipal] election, when a director 16 shall be elected for the unexpired term. 17 2. No seven-director, urban, or metropolitan school 18 district board of education shall hire a spouse of any 19 member of such board for a vacant or newly created position 20 unless the position has been advertised pursuant to board 21 policy and the superintendent of schools submits a written 22 recommendation for the employment of the spouse to the board 23 of education. The names of all applicants as well as the 24 name of the applicant hired for the position are to be 25 included in the board minutes. 26 3. The provisions of Article VII, Section 6 of the 27 Missouri Constitution apply to school districts. 28 162.291. The voters of each seven-director district 1 other than urban districts shall, [at municipal elections] 2 on the first Tuesday after the first Monday in November of 3 even-numbered years, elect [two] directors, who are citizens 4 of the United States and resident taxpayers of the district, 5 [who] in accordance with the provisions of section 162.082. 6 Such directors shall have resided in this state for one year 7 next preceding their election or appointment, and [who are] 8 be at least twenty-four years of age. 9 SB 740 22 162.301. 1. Within fourteen days after the election 1 of the first school board in each seven-director district, 2 other than an urban district, and within fourteen days after 3 each [annual] election, the board shall meet. The newly 4 elected members shall qualify by taking the oath of office 5 prescribed by Article VII, Section 11, of the Constitution 6 of Missouri. 7 2. The board shall organize by the election of a 8 president and vice president, and the board shall, on or 9 before the fifteenth day of [July of each year] January in 10 odd-numbered years, elect a secretary and a treasurer, who 11 shall enter upon their respective duties on the fifteenth 12 day of [July] January. The secretary and treasurer may be 13 or may not be members of the board. No compensation shall 14 be granted to either the secretary or the treasurer until 15 his or her report and settlement are made and filed or 16 published as the law directs. 17 3. A majority of the board constitutes a quorum for 18 the transaction of business, but no contract shall be let, 19 person employed, bill approved or warrant ordered unless a 20 majority of the whole board votes therefor. 21 162.341. The [annual] school board member election in 1 seven-director districts[, except urban districts,] shall be 2 held on [municipal election days] the first Tuesday after 3 the first Monday in November of even-numbered years. 4 162.431. 1. When it is necessary to change the 1 boundary lines between seven-director school districts, in 2 each district affected, ten percent of the voters by number 3 of those voting for school board members in the last 4 [annual] school board election in each district may petition 5 the district boards of education in the districts affected, 6 regardless of county lines, for a change in boundaries. The 7 SB 740 23 question shall be submitted at the next election, as the 8 term election is referenced and defined in section 115.123. 9 2. The voters shall decide the question by a majority 10 vote of those who vote upon the question. If assent to the 11 change is given by each of the various districts voting, 12 each voting separately, the boundaries are changed from that 13 date. 14 3. If one of the districts votes against the change 15 and the other votes for the change, the matter may be 16 appealed to the state board of education, in writing, within 17 fifteen days of the submission of the question by either one 18 of the districts affected, or in the above event by a 19 majority of the signers of the petition requesting a vote on 20 the proposal. At the first meeting of the state board 21 following the appeal, a board of arbitration composed of 22 three members, none of whom shall be a resident of any 23 district affected, shall be appointed. In determining 24 whether it is necessary to change the boundary line between 25 seven-director districts, the board of arbitration shall 26 base its decision upon the following: 27 (1) The presence of school-aged children in the 28 affected area; 29 (2) The presence of actual educational harm to school- 30 aged children, either due to a significant difference in the 31 time involved in transporting students or educational 32 deficiencies in the district which would have its boundary 33 adversely affected; and 34 (3) The presence of an educational necessity, not of a 35 commercial benefit to landowners or to the district 36 benefitting for the proposed boundary adjustment. 37 SB 740 24 For purposes of subdivision (2) of this subsection, 38 "significant difference in the time involved in transporting 39 students" shall mean a difference of forty-five minutes or 40 more per trip in travel time. "Travel time" is the period 41 of time required to transport a pupil from the pupil's place 42 of residence or other designated pick-up point to the site 43 of the pupil's educational placement. 44 4. Within twenty days after notification of 45 appointment, the board of arbitration shall meet and 46 consider the necessity for the proposed changes and shall 47 decide whether the boundaries shall be changed as requested 48 in the petition or be left unchanged, which decision shall 49 be final. The decision by the board of arbitration shall be 50 rendered not more than thirty days after the matter is 51 referred to the board. The [chairman] chair of the board of 52 arbitration shall transmit the decision to the secretary of 53 each district affected who shall enter the same upon the 54 records of his or her district and the boundaries shall 55 thereafter be in accordance with the decision of the board 56 of arbitration. The members of the board of arbitration 57 shall be allowed a fee of fifty dollars each, to be paid at 58 the time the appeal is made by the district taking the 59 appeal or by the petitioners should they institute the 60 appeal. 61 5. If the board of arbitration decides that the 62 boundaries shall be left unchanged, no new petition for the 63 same, or substantially the same, boundary change between the 64 same districts shall be filed until after the expiration of 65 two years from the date of the municipal election at which 66 the question was submitted to the voters of the districts. 67 162.459. 1. Notwithstanding other provisions of law 1 to the contrary, the school board of each school district 2 SB 740 25 designated in the statutes as a seven-director or urban 3 school district shall consist of seven members. [At the 4 first election for members of the school board in each of 5 such districts after January 1, 1993, and each three years 6 thereafter, three members of the school board shall be 7 elected; except, no school district composed of seven 8 members as of January 1, 1993, shall be required to modify 9 its schedule of electing board members] For all board 10 members serving terms as of January 1, 2023, their terms 11 shall be modified in accordance with the provisions of 12 section 162.082. The term of every board member elected in 13 2024 or thereafter shall be four years. 14 2. Provisions of law applicable to seven-director and 15 urban school districts, except those which conflict with the 16 provisions of this section, shall apply to and govern the 17 school districts designated in subsection 1 of this section. 18 162.471. The government and control of an urban school 1 district is vested in a board of seven directors. Each 2 director shall be a voter of the district who has resided 3 within this state for one year next preceding his or her 4 election or appointment and who is at least twenty-four 5 years of age. All directors elected in 2024 or thereafter, 6 except as otherwise provided in section 162.481 and section 7 162.492, hold their offices for [six] four years and until 8 their successors are duly elected and qualified. The term 9 of any board member serving a six-year term on January 1, 10 2023, shall be modified in accordance with the provisions of 11 section 162.082. All vacancies occurring in the board, 12 except as provided in section 162.492, shall be filled by 13 appointment by the board as soon as practicable, and the 14 person appointed shall hold his or her office until the next 15 school board election, when his or her successor shall be 16 SB 740 26 elected for the remainder of the unexpired term. The power 17 of the board to perform any official duty during the 18 existence of a vacancy continues unimpaired thereby. 19 162.481. 1. Except as otherwise provided in [this 1 section and in] section 162.492, all elections of school 2 directors in urban school districts shall be held biennially 3 [at the same times and places as municipal elections] on the 4 first Tuesday after the first Monday in November of even- 5 numbered years. 6 2. Except as otherwise provided in [subsections] 7 subsection 3[, 4, and 5] of this section, hereafter when a 8 seven-director district becomes an urban school district, 9 the directors of the prior seven-director district shall 10 continue as directors of the urban school district until the 11 expiration of the terms for which they were elected and 12 until their successors are elected as provided in this 13 subsection. The first biennial school election for 14 directors shall be held in the urban school district at the 15 time provided in subsection 1 of this section which is on 16 the date of or subsequent to the expiration of the terms of 17 the directors of the prior district which are first to 18 expire, and directors shall be elected to succeed the 19 directors of the prior district whose terms have expired. 20 If the terms of two directors only have expired, the 21 directors elected at the first biennial school election in 22 the urban school district shall be elected for terms of six 23 years. If the terms of four directors have expired, two 24 directors shall be elected for terms of six years and two 25 shall be elected for terms of four years. At the next 26 succeeding biennial election held in the urban school 27 district, successors for the remaining directors of the 28 prior seven-director district shall be elected. If only two 29 SB 740 27 directors are to be elected they shall be elected for terms 30 of six years each. If four directors are to be elected, two 31 shall be elected for terms of six years and two shall be 32 elected for terms of two years. After seven directors of 33 the urban school district have been elected under this 34 subsection, their successors shall be elected for terms of 35 [six] four years. 36 3. [In any school district in which a majority of the 37 district is located in any home rule city with more than one 38 hundred fifty-five thousand but fewer than two hundred 39 thousand inhabitants, elections shall be held annually at 40 the same times and places as general municipal elections for 41 all years where one or more terms expire, and the terms 42 shall be for three years and until their successors are duly 43 elected and qualified for all directors elected on and after 44 August 28, 1998. 45 4.] For any school district which becomes an urban 46 school district by reason of the [2000] 2020 federal 47 decennial census, elections shall be held [annually at the 48 same times and places as general municipal elections for all 49 years where one or more terms expire] on the first Tuesday 50 after the first Monday in November of even-numbered years, 51 and the terms shall be for [three] four years and until 52 their successors are duly elected and qualified for all 53 directors elected on and after [August 28, 2001] November 8, 54 2024. 55 [5. In any school district in any county with a 56 charter form of government and with more than three hundred 57 thousand but fewer than four hundred fifty thousand 58 inhabitants which becomes an urban school district by reason 59 of the 2010 federal decennial census, elections shall be 60 held annually at the same times and places as general 61 SB 740 28 municipal elections for all years where one or more terms 62 expire, and the terms shall be for three years and until 63 their successors are duly elected and qualified for all 64 directors elected on and after April 2, 2012. 65 6. In any urban school district in a county of the 66 first classification with more than eighty-three thousand 67 but fewer than ninety-two thousand inhabitants and with a 68 home rule city with more than seventy-six thousand but fewer 69 than ninety-one thousand inhabitants as the county seat, 70 elections shall be held annually at the same times and 71 places as general municipal elections for all years where 72 one or more terms expire, and upon expiration of any term 73 after August 28, 2015, the term of office shall be for three 74 years and until their successors are duly elected and 75 qualified.] 76 162.492. 1. In all urban districts containing the 1 greater part of the population of a city which has more than 2 three hundred thousand inhabitants, the election authority 3 of the city in which the greater portion of the school 4 district lies, and of the county if the district includes 5 territory not within the city limits, shall serve ex officio 6 as a redistricting commission. The commission shall on or 7 before November 1, 2018, divide the school district into 8 five subdistricts, all subdistricts being of compact and 9 contiguous territory and as nearly equal in the number of 10 inhabitants as practicable and thereafter the board shall 11 redistrict the district into subdivisions as soon as 12 practicable after each United States decennial census. In 13 establishing the subdistricts each member shall have one 14 vote and a majority vote of the total membership of the 15 commission is required to make effective any action of the 16 commission. 17 SB 740 29 2. School board elections for the election of 18 directors shall be held on municipal election days in 2014 19 and 2016. At the election in 2014, directors shall be 20 elected to hold office until 2019 and until their successors 21 are elected and qualified. At the election in 2016, 22 directors shall be elected until 2019 and until their 23 successors are elected and qualified. Beginning in [2019] 24 2024, school board member elections for the election of 25 directors shall be held on the [local election date as 26 specified in the charter of a home rule city with more than 27 four hundred thousand inhabitants and located in more than 28 one county] first Tuesday after the first Monday in November 29 of even-numbered years. The terms of board members 30 described in this subsection shall be modified in accordance 31 with the provisions of section 162.082. Beginning at the 32 election for school directors in 2019, the number of 33 directors on the board shall be reduced from nine to seven. 34 Two directors shall be at-large directors and five directors 35 shall represent the subdistricts, with one director from 36 each of the subdistricts. At the 2019 election, one of the 37 at-large directors and the directors from subdistricts one, 38 three, and five shall be elected for a two-year term, and 39 the other at-large director and the directors from 40 subdistricts two and four shall be elected for a four-year 41 term. Thereafter, all seven directors shall serve a four- 42 year term. Directors shall serve until the next election 43 and until their successors, then elected, are duly qualified 44 as provided in this section. In addition to other 45 qualifications prescribed by law, each member elected from a 46 subdistrict shall be a resident of the subdistrict from 47 which he or she is elected. The subdistricts shall be 48 numbered from one to five. 49 SB 740 30 3. The five candidates, one from each of the 50 subdistricts, who receive a plurality of the votes cast by 51 the voters of that subdistrict and the at-large candidates 52 receiving a plurality of the at-large votes shall be 53 elected. The name of no candidate for nomination shall be 54 printed on the ballot unless the candidate has at least 55 sixty days prior to the election filed a declaration of 56 candidacy with the secretary of the board of directors 57 containing the signatures of at least two hundred fifty 58 registered voters who are residents of the subdistrict 59 within which the candidate for nomination to a subdistrict 60 office resides, and in case of at-large candidates the 61 signatures of at least five hundred registered voters. The 62 election authority shall determine the validity of all 63 signatures on declarations of candidacy. 64 4. In any election either for at-large candidates or 65 candidates elected by the voters of subdistricts, if there 66 are more than two candidates, a majority of the votes are 67 not required to elect but the candidate having a plurality 68 of the votes shall be elected. 69 5. The names of all candidates shall appear upon the 70 ballot without party designation and in the order of the 71 priority of the times of filing their petitions of 72 nomination. No candidate may file both at large and from a 73 subdistrict and the names of all candidates shall appear 74 only once on the ballot, nor may any candidate file more 75 than one declaration of candidacy. All declarations shall 76 designate the candidate's residence and whether the 77 candidate is filing at large or from a subdistrict and the 78 numerical designation of the subdistrict or at-large area. 79 6. The provisions of all sections relating to seven- 80 director school districts shall also apply to and govern 81 SB 740 31 urban districts in cities of more than three hundred 82 thousand inhabitants, to the extent applicable and not in 83 conflict with the provisions of those sections specifically 84 relating to such urban districts. 85 7. Vacancies which occur on the school board between 86 the dates of election shall be filled by special election if 87 such vacancy happens more than six months prior to the time 88 of holding an election as provided in subsection 2 of this 89 section. The state board of education shall order a special 90 election to fill such a vacancy. A letter from the 91 commissioner of education, delivered by certified mail to 92 the election authority or authorities that would normally 93 conduct an election for school board members shall be the 94 authority for the election authority or authorities to 95 proceed with election procedures. If a vacancy occurs less 96 than six months prior to the time of holding an election as 97 provided in subsection 2 of this section, no special 98 election shall occur and the vacancy shall be filled at the 99 next school board member election day [on which local 100 elections are held as specified in the charter of any home 101 rule city with more than four hundred thousand inhabitants 102 and located in more than one county]. 103 162.601. 1. [Elected members of the board in office 1 on August 28, 1998, shall hold office for the length of term 2 for which they were elected, and any members appointed 3 pursuant to section 162.611 to fill vacancies left by 4 elected members in office on August 28, 1998, shall serve 5 for the remainder of the term to which the replaced member 6 was elected. 7 2. No board members shall be elected at the first 8 municipal election in an odd-numbered year next following 9 August 28, 1998. 10 SB 740 32 3. Three board members shall be elected at the second 11 municipal election in an odd-numbered year next following 12 August 28, 1998, to serve four-year terms. 13 4. Four board members shall be elected at the third 14 municipal election in an odd-numbered year next following 15 August 28, 1998, and two of such members shall be elected to 16 four-year terms and two of such members shall be elected to 17 three-year terms. For the two members elected at the 18 municipal election in 2006, the terms of such members shall 19 expire after their successors are elected and qualified 20 pursuant to subsection 6 of this section. 21 5. Beginning with the fourth municipal election in an 22 odd-numbered year next following August 28, 1998, and at 23 each succeeding municipal election in a year during which 24 board member terms expire, there shall be elected members of 25 the board of education, who shall assume the duties of their 26 office at the first regular meeting of the board of 27 education after their election, and who shall hold office 28 for four years, and until their successors are elected and 29 qualified. 30 6. For the two board members who are elected at the 31 municipal election in 2006, their successors thereafter 32 shall be elected at the general election in the year in 33 which their terms expire] All board members shall be elected 34 at elections held on the first Tuesday after the first 35 Monday in November of even-numbered years. For all board 36 members serving terms as of January 1, 2023, their terms 37 shall be modified in accordance with the provisions of 38 section 162.082. The term of every board member elected in 39 2024 or thereafter shall be four years. 40 [7.] 2. Members of the board of directors shall be 41 elected to represent seven subdistricts. The subdistricts 42 SB 740 33 shall be established by the state board of education to be 43 compact, contiguous and as nearly equal in population as 44 practicable. The subdistricts shall be revised by the state 45 board of education after each decennial census and at any 46 other time the state board determines that the district's 47 demographics have changed sufficiently to warrant 48 redistricting. 49 [8.] 3. A member shall reside in and be elected in the 50 subdistrict which the member is elected to represent. 51 Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. 52 Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21. 53 Subdistrict 3 shall be comprised of wards 18, 19, 20 and 54 26. Subdistrict 4 shall be comprised of wards 6, 7, 17 and 55 28. Subdistrict 5 shall be comprised of wards 9, 10, 11 and 56 12. Subdistrict 6 shall be comprised of wards 13, 14, 16 57 and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 58 and 24. 59 162.821. The district secretary shall keep a record of 1 the proceedings of all [annual and special] elections of the 2 voters of the district and of the proceedings of the board 3 of education. He or she shall make copies of the election 4 notices, contracts with teachers, certificates and all other 5 papers relating to the business of the district, and 6 securely keep the same. He or she shall maintain a correct 7 plat of the district and shall promptly notify the 8 department of elementary and secondary education and the 9 county clerk of each county affected of all changes in the 10 boundaries of the district. He or she shall transmit to the 11 county commission and to the state department of elementary 12 and secondary education, on or before the fifteenth day of 13 August in each year, a report embracing the following items: 14 SB 740 34 (1) The number of children, male and female, attending 15 the public schools during the year; 16 (2) Total number of days' attendance by all such 17 children; 18 (3) The number of days the public schools of the 19 district have been maintained during the school year; 20 (4) The number of teachers employed, male and female, 21 and the wages per month of each; 22 (5) Estimated value of school property owned and 23 managed by the district; 24 (6) Assessed valuation of the district; 25 (7) Rate of school tax on the assessed valuation of 26 the district; 27 (8) Cash on hand at the beginning of the year; 28 (9) Tuition fees received and credited to the 29 teachers' fund of the district; 30 (10) Public funds received by county treasurer; 31 (11) District tax received by county (or township) 32 treasurer; 33 (12) Amount paid on teachers' wages; 34 (13) Amount paid for incidental expenses; 35 (14) Amount expended for purchasing site, erecting 36 schoolhouses, rent and repairs; 37 (15) Amount expended in cancelling bonded indebtedness 38 and paying interest on same; 39 (16) Amount expended for library; 40 (17) Cash on hand at the end of the year; and 41 (18) Such other information as may be required by the 42 state board of education. 43 162.825. Whenever there is presented to the state 1 board of education a petition signed by voters in each 2 district in the proposed special district equal in number in 3 SB 740 35 each district to five percent of the number of votes cast 4 for school board members in the last [annual] school board 5 election praying (a) that a special school district 6 embracing the entire area described in the petition be 7 organized for the education and training of handicapped and 8 severely handicapped children and for vocational education 9 purposes; and (b) that a proposal be submitted to the voters 10 of the proposed district for the organization of the special 11 school district, the state board of education, unless 12 section 162.835 applies, shall, within thirty days of the 13 receipt of said petition, direct the board of education of 14 each school district comprising the proposed special 15 district to cause the proposal to be submitted to the voters 16 in each such district at the next [municipal] school board 17 member election or, if the next [annual] school board member 18 election is more than sixty days away, cause the proposal to 19 be submitted to the voters in each such district at a 20 special election called in accordance with law on a date set 21 by the state board of education. The election shall be 22 conducted in each school district comprising the proposed 23 special district in the manner provided by law for the 24 conducting of school district elections generally in 25 sections 162.351 and 162.601, unless a different procedure 26 is specifically provided in sections 162.670 to [162.995] 27 162.974. 28 162.865. The board members of a special school 1 district with a population of not more than one hundred 2 thousand persons shall be elected at large. The seven 3 receiving the largest number of votes shall be elected and 4 the three receiving the highest number of votes cast shall 5 be elected for terms of [three] six years each; the two 6 receiving the next highest number of votes cast shall be 7 SB 740 36 elected for terms of [two] four years each; and the two 8 receiving the next highest number of votes cast shall be 9 elected for terms of [one year] two years each. [That part 10 of the year between the date of the election of board 11 members and the municipal election day of the following year 12 is considered a full year in the terms of the members 13 elected.] All board members shall serve until their 14 successors are elected and qualified and the state board of 15 education shall issue certificates of election to the board 16 members elected. 17 162.867. 1. Board of education members of a special 1 school district with a population of more than one hundred 2 thousand persons in office on August 28, 1999, shall serve 3 the remainder of their terms and shall serve until their 4 successors are duly elected and qualified pursuant to this 5 section. 6 2. On and after August 28, 1999, each new member of a 7 board of education of a special school district with a 8 population of more than one hundred thousand persons shall 9 be elected pursuant to this section by the governing council 10 established pursuant to section 162.856. 11 3. Pursuant to this section, each qualified candidate 12 for the board of education of a special school district with 13 a population of more than one hundred thousand persons shall: 14 (1) Be a voter of the district who has resided within 15 the state for one year next preceding selection to the board 16 and is resident in the subdistrict in which the candidate 17 files; and 18 (2) Be at least twenty-four years of age. 19 4. No member of the board of education of a special 20 school district with a population of more than one hundred 21 thousand persons shall: 22 SB 740 37 (1) Vote on, solicit, transact, offer, or accept any 23 contract between the special school district and any 24 corporation, partnership, association, or other organization 25 in which that member of the board of education has a 26 financial interest, unless otherwise provided herein, 27 excluding interests owned prior to such member's election; 28 (2) Hold any office or employment of profit from the 29 board of education of the special school district while 30 serving. However, nothing in this section shall be 31 construed to preclude a person from being elected to or 32 serving on the board of education of the special school 33 district on the basis that the person is related to a pupil 34 of the special school district or to a pupil of any school 35 district all or a portion of which is contained within the 36 special school district; or 37 (3) Vote on, solicit, transact, offer, or accept any 38 contract or procurement in which that board member shall 39 have a direct or indirect beneficial interest, unless: 40 (a) The material facts as to such member's 41 relationship or interest and as to the contract or 42 transaction are disclosed in writing and are known to the 43 board and governing council, and such governing council and 44 board, in good faith, authorize the contract or transaction 45 by the affirmative vote of the majority of the disinterested 46 members; and 47 (b) Such member's relationship or interest in such 48 contract or transaction shall not be voted upon by such 49 interested member. 50 5. [Beginning in April, 1997, and every third year 51 thereafter, two members shall be elected. Beginning in 52 April, 1998, and every third year thereafter, two members 53 shall be elected. Beginning in April, 1999, and every third 54 SB 740 38 year thereafter, three members shall be elected] For all 55 board members serving terms as of January 1, 2023, their 56 terms shall be modified in accordance with the provisions of 57 section 162.082. The term of every board member elected in 58 2024 or thereafter shall be four years. A member shall be 59 elected to fill each open seat on the board of education. 60 6. Board members elected in 2024 or thereafter shall 61 serve [three-year] four-year terms and shall serve until 62 their successors are duly elected and qualified. 63 7. The board of education shall, upon formation and 64 each decade within ninety days following the publication of 65 the final decennial census figures thereafter, adopt a 66 resolution calling for the formation of a redistricting 67 committee. Upon adoption of such resolution, the secretary 68 of the board of education shall forward a certified copy 69 thereof to the state board of education. The redistricting 70 committee shall consist of three residents within the 71 district, appointed by the board of education of the special 72 school district, plus three additional persons resident 73 within the special school district, appointed by the state 74 board of education. Thereafter, the redistricting committee 75 shall meet, organize itself with a [chairman] chair and 76 secretary, and proceed with the adoption of a redistricting 77 plan. Any plan proposed to be adopted must receive approval 78 of a majority of the whole redistricting committee. Upon 79 adoption, the redistricting committee shall forward a copy 80 of the plan certified by the secretary of the redistricting 81 committee to the state board of education for its approval 82 or disapproval. The state board of education shall approve 83 any redistricting plan which divides the special district 84 into seven subdistricts of equal population, taking into 85 account insofar as possible existing school district 86 SB 740 39 boundary lines. Upon approval by the state board of 87 education, the redistricting plan shall become effective and 88 all board members selected thereafter shall be selected from 89 subdistricts in which they are resident. If the plan is not 90 approved, then it shall be returned to the redistricting 91 committee for revision and resubmission. If a redistricting 92 plan has not been adopted within one year after the 93 publication of the decennial census figures, the state board 94 of education shall provide the redistricting plan. No 95 member of the redistricting committee shall serve on the 96 board of education for a period of six years following such 97 service on the redistricting committee. 98 8. The structure of the board of education and the 99 selection of members of the board of education of a special 100 school district with a population of more than one hundred 101 thousand persons shall be as established pursuant to this 102 section, except as may be otherwise approved by the voters 103 of the special school district under section 162.858. 104 162.910. At the elections conducted pursuant to 1 section 162.865, the voters of a special district with a 2 population of not more than one hundred thousand persons 3 shall elect, by ballot, two board members to succeed those 4 whose terms have expired and the board members so elected 5 shall hold office for terms of [three] four years and until 6 their successors have been elected and qualified and shall 7 assume the duties of their offices at the first regular 8 meeting of the board of education held after their 9 election. Candidates shall file their declarations of 10 candidacy for office of board member with the secretary of 11 the board of education of the special school district. A 12 majority of the then qualified members of the board of 13 education of the special school district shall certify the 14 SB 740 40 candidates receiving the greatest number of votes for terms 15 of [three] four years each and until their successors shall 16 have been elected and qualified, and shall declare and 17 certify the results of the vote cast on any question 18 presented at the election. 19 167.029. 1. A public school district may require 1 students to wear a school uniform or restrict student dress 2 to a particular style in accordance with the law. The 3 school district may determine the style and color of the 4 school uniform. 5 2. No public or charter school shall implement or 6 enforce any student dress requirements that include a mask 7 or other face covering or respirator; provided, that nothing 8 in this subsection shall be interpreted to prohibit students 9 from wearing a mask, face covering, or respirator if doing 10 so is in accordance with the provisions of subsection 1 of 11 this section or for medical reasons. 12 3. No public or charter school or statewide school 13 activities association shall require a student to wear a 14 face mask or other face covering or respirator as a 15 condition of attendance or participation in classroom 16 instruction or school-sponsored extracurricular activities. 17 167.181. 1. The department of health and senior 1 services, after consultation with the department of 2 elementary and secondary education, shall promulgate rules 3 and regulations governing the immunization against 4 poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis, 5 diphtheria, and hepatitis B, to be required of children 6 attending public, private, parochial or parish schools. 7 Such rules and regulations may modify the immunizations that 8 are required of children in this subsection. The 9 immunizations required and the manner and frequency of their 10 SB 740 41 administration shall conform to recognized standards of 11 medical practice. The department of health and senior 12 services shall supervise and secure the enforcement of the 13 required immunization program. 14 2. It is unlawful for any student to attend school 15 unless he has been immunized as required under the rules and 16 regulations of the department of health and senior services, 17 and can provide satisfactory evidence of such immunization; 18 except that if he produces satisfactory evidence of having 19 begun the process of immunization, he may continue to attend 20 school as long as the immunization process is being 21 accomplished in the prescribed manner. It is unlawful for 22 any parent or guardian to refuse or neglect to have his 23 child immunized as required by this section, unless the 24 child is properly exempted. 25 3. This section shall not apply to any child if one 26 parent or guardian objects in writing to his school 27 administrator against the immunization of the child, because 28 of religious beliefs or medical contraindications. In cases 29 where any such objection is for reasons of medical 30 contraindications, a statement from a duly licensed 31 physician must also be provided to the school administrator. 32 4. Each school superintendent, whether of a public, 33 private, parochial or parish school, shall cause to be 34 prepared a record showing the immunization status of every 35 child enrolled in or attending a school under his 36 jurisdiction. The name of any parent or guardian who 37 neglects or refuses to permit a nonexempted child to be 38 immunized against diseases as required by the rules and 39 regulations promulgated pursuant to the provisions of this 40 section shall be reported by the school superintendent to 41 the department of health and senior services. 42 SB 740 42 5. The immunization required may be done by any duly 43 licensed physician or by someone under his direction. If 44 the parent or guardian is unable to pay, the child shall be 45 immunized at public expense by a physician or nurse at or 46 from the county, district, city public health center or a 47 school nurse or by a nurse or physician in the private 48 office or clinic of the child's personal physician with the 49 costs of immunization paid through the state Medicaid 50 program, private insurance or in a manner to be determined 51 by the department of health and senior services subject to 52 state and federal appropriations, and after consultation 53 with the school superintendent and the advisory committee 54 established in section 192.630. When a child receives his 55 or her immunization, the treating physician may also 56 administer the appropriate fluoride treatment to the child's 57 teeth. 58 6. Funds for the administration of this section and 59 for the purchase of vaccines for children of families unable 60 to afford them shall be appropriated to the department of 61 health and senior services from general revenue or from 62 federal funds if available. 63 7. No student shall be required, as a condition of 64 school attendance or participation in school-sponsored 65 extracurricular activities, to be immunized against COVID- 66 19. No school shall require students to undergo COVID-19 67 diagnostic testing as an alternative to receiving a COVID-19 68 vaccination; provided, that nothing in this subsection shall 69 be interpreted to preclude a school from requiring a student 70 who has been in close contact with a source of COVID-19 to 71 be tested as a condition for school attendance or 72 participation in school-sponsored extracurricular activities. 73 SB 740 43 8. No rule or portion of a rule promulgated under the 74 authority of this section shall become effective unless it 75 has been promulgated pursuant to the provisions of chapter 76 536. Any rule or portion of a rule, as that term is defined 77 in section 536.010, that is created under the authority 78 delegated in this section shall become effective only if it 79 complies with and is subject to all of the provisions of 80 chapter 536 and, if applicable, section 536.028. This 81 section and chapter 536 are nonseverable and if any of the 82 powers vested with the general assembly pursuant to chapter 83 536 to review, to delay the effective date or to disapprove 84 and annul a rule are subsequently held unconstitutional, 85 then the grant of rulemaking authority and any rule proposed 86 or adopted after August 28, 2001, shall be invalid and void. 87 167.780. 1. An interscholastic or intramural athletic 1 team or sport that is sponsored by a public school or a 2 private middle school or high school, the students or teams 3 of which compete against a public middle school or public 4 high school shall be expressly designated as one of the 5 following based on the biological sex assigned at birth: 6 (1) "Males", "men", or "boys"; 7 (2) "Females", "women", or "girls"; or 8 (3) "Coeducational", "coed", or "mixed". 9 2. No athletic team or sport designated for females, 10 women, or girls shall be open to students of the male sex as 11 assigned at birth. 12 3. No governmental entity, licensing or accrediting 13 organization, or athletic association or organization shall 14 entertain a complaint, open an investigation, or take any 15 other adverse action against a school or institution for 16 maintaining separate interscholastic or intramural athletic 17 SB 740 44 teams or sports for students of the female sex as assigned 18 at birth. 19 4. A student who is deprived of an athletic 20 opportunity or suffers direct or indirect harm as a result 21 of a violation of this section shall have a cause of action 22 for injunctive relief, damages, and other relief available 23 under law against the school. 24 5. A student who is subject to retaliation or other 25 adverse action by a school or athletic association or 26 organization as a result of reporting a violation of this 27 section to an employee or representative of the school or 28 athletic association or organization, or to a state or 29 federal agency with oversight of schools in the state, has a 30 cause of action for injunctive relief, damages, and other 31 relief available under law against the school or athletic 32 association or organization. 33 6. A school that suffers direct or indirect harm as a 34 result of a violation of this section has a private cause of 35 action for injunctive relief, damages, and other relief 36 available under law against the governmental entity, 37 licensing or accrediting organization, or athletic 38 association or organization. 39 7. A civil action brought pursuant to this section 40 shall be initiated within two years after the harm has 41 occurred. A person or entity that prevails on a claim 42 brought pursuant to this section is entitled to: 43 (1) Monetary damages, including for psychological, 44 emotional, and physical harm suffered; 45 (2) Reasonable attorneys' fees and costs; and 46 (3) Any other relief considered appropriate by the 47 court. 48 SB 740 45 Section B. The enactment of section 162.082 and the 1 repeal and reenactment of sections 162.083, 162.221, 2 162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 3 162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 4 162.821, 162.825, 162.865, 162.867, and 162.910 of this act 5 shall become effective on January 1, 2023. 6 Section C. The enactment of sections 160.3100, 1 160.3102, 160.3104, 160.3106, 160.3108, 160.3110, 160.3112, 2 160.3114, 160.3116, and 160.3118, shall become effective on 3 August 28, 2023. 4 