Transitional school district, governing board, members, powers andduties--taxation--school improvement plan, review by state board ofeducation--accountability officer, duties--dissolution of district,when.
162.1100. 1. There is hereby established within each city not withina county a school district to be known as the "Transitional School Districtof (name of city)", which shall be a body corporate and politic and asubdivision of the state. The transitional school district shall becoterminous with the boundaries of the city in which the district islocated. Except as otherwise provided in this section and section 162.621,the transitional school district shall be subject to all laws pertaining to"seven-director districts", as defined in section 160.011, RSMo. Thetransitional school district shall have the responsibility for educationalprograms and policies determined by a final judgment of a federal schooldesegregation case to be needed in providing for a transition of theeducational system of the city from control and jurisdiction of a federalcourt school desegregation order, decree or agreement and such otherprograms and policies as designated by the governing body of the schooldistrict.
2. (1) The governing board of the transitional school district shallconsist of three residents of the district: one shall be appointed by thegoverning body of the district, one shall be appointed by the mayor of thecity not within a county and one shall be appointed by the president of theboard of aldermen of the city not within a county. The members of thegoverning board shall serve without compensation for a term of three years,or until their successors have been appointed, or until the transitionaldistrict is dissolved or terminated. Any tax approved for the transitionaldistrict shall be assigned to the governing body of the school district ina city not within a county after dissolution or termination of thetransitional district.
(2) In the event that the state board of education shall declare theschool district of a city not within a county to be unaccredited, themember of the governing board of the transitional district appointed by thegoverning body of the district as provided in subdivision (1) of thissubsection shall, within ninety days, be replaced by a chief executiveofficer nominated by the state board of education and appointed by thegovernor with the advice and consent of the senate. The chief executiveofficer need not be a resident of the district but shall be a person ofrecognized administrative ability, shall be paid in whole or in part withfunds from the district, and shall have all other powers and duties of anyother general superintendent of schools, including appointment of staff.The chief executive officer shall serve for a term of three years or untilhis successor is appointed or until the transitional district is dissolvedor terminated. His salary shall be set by the state board of education.
3. In the event that the school district loses its accreditation,upon the appointment of a chief executive officer, any powers granted toany existing school board in a city not within a county on or before August28, 1998, shall be vested with the special administrative board of thetransitional school district containing such school district so long as thetransitional school district exists, except as otherwise provided insection 162.621.
4. The special administrative board's powers and duties shallinclude:
(1) Creating an academic accountability plan, taking correctiveaction in underperforming schools, and seeking relief from state-mandatedprograms;
(2) Exploration of alternative forms of governance for the district;
(3) Authority to contract with nonprofit corporations to provide forthe operation of schools;
(4) Oversight of facility planning, construction, improvement,repair, maintenance and rehabilitation;
(5) Authority to establish school site councils to facilitatesite-based school management and to improve the responsiveness of theschools to the needs of the local geographic attendance region of theschool;
(6) Authority to submit a proposal to district voters pursuant tosection 162.666 regarding establishment of neighborhood schools.
5. (1) The provisions of a final judgment as to the state ofMissouri and its officials in a school desegregation case which subjects adistrict in which a transitional district is located in this state to afederal court's jurisdiction may authorize or require the governing body ofa transitional school district established under this section to establishthe transitional district's operating levy for school purposes, as definedpursuant to section 163.011, RSMo, at a level not to exceed eighty-fivecents per one hundred dollars assessed valuation in the district or a salestax equivalent amount as determined by the department of elementary andsecondary education which may be substituted for all or part of suchproperty tax.
(2) Any other statute to the contrary notwithstanding, no taxauthorized pursuant to this subsection shall:
(a) Be subject to any certificate of tax abatement issued afterAugust 28, 1998, pursuant to sections 99.700 to 99.715, RSMo; and
(b) Effective January 1, 2002, be subject to any new or existing taxincrement financing adopted by a city not within a county pursuant tosections 99.800 to 99.865, RSMo, except that any redevelopment plan andredevelopment project concerning a convention headquarters hotel adopted byordinance by a city not within a county prior to August 28, 2003, shall besubject to such tax increment financing.
(3) The transitional school district shall not be subject to theprovisions of section 162.081, sections 163.021 and 163.023, RSMo, withrespect to any requirements to maintain a minimum value of operating levyor any consequences provided by law for failure to levy at least suchminimum rate. No operating levy or increase in the operating levy or salestax established pursuant to this section shall be collected for atransitional school district unless prior approval is obtained from asimple majority of the district's voters. The board of the transitionaldistrict shall place the matter before the voters prior to March 15, 1999.
6. (1) The special administrative board established in this sectionshall develop, implement, monitor and evaluate a comprehensive schoolimprovement plan, and such plan shall be subject to review and approval ofthe state board of education. The plan shall ensure that all students meetor exceed grade-level standards established by the state board of educationpursuant to section 160.514, RSMo;
(2) The special administrative board shall establish studentperformance standards consistent with the standards established by thestate board of education pursuant to section 160.514, RSMo, for preschoolthrough grade twelve in all skill and subject areas, subject to review andapproval of the state board of education for the purpose of determiningwhether the standards are consistent with standards established by thestate board of education pursuant to section 160.514, RSMo;
(3) All students in the district who do not achieve grade-levelstandards shall be required to attend summer school; except that theprovisions of this subsection shall not apply to students receiving specialeducation services pursuant to sections 162.670 to 162.999;
(4) No student shall be promoted to a higher grade level unless thatstudent has a reading ability at or above one grade level below thestudent's grade level; except that the provisions of this subsection shallnot apply to students receiving special education services pursuant tosections 162.670 to 162.999;
(5) The special administrative board established in this sectionshall develop, implement and annually update a professional developmentplan for teachers and other support staff, subject to review and approvalof the state board of education.
7. The school improvement plan established pursuant to this sectionshall ensure open enrollment and program access to all students in thedistrict, and, consistent with the Missouri and United StatesConstitutions, shall give first priority to residents of the city foradmission to magnet schools. The school board shall take all practicableand constitutionally permissible steps to ensure that all magnet schoolsoperate at full capacity. Students who change residence within thedistrict shall be allowed to continue to attend the school in which theywere initially enrolled for the remainder of their education at gradelevels served by that school, and transportation shall be provided by thedistrict to allow such students to continue to attend such school ofinitial enrollment.
8. To the extent practicable, the special administrative board shallensure that per pupil expenditures and pupil-teacher ratios shall be thesame for all schools serving students at a given grade level.
9. The special administrative board shall ensure that early childhoodeducation is available throughout the district.
10. The special administrative board shall ensure that vocationaleducation instruction is provided within the district.
11. The special administrative board shall establish anaccountability officer whose duty shall be to ensure that academicallydeficient schools within the district are raised to acceptable conditionwithin two years.
12. The transitional school district in any city not within a countyshall be dissolved on July 1, 2008, unless the state board determines,prior to that date, that it is necessary for the transitional district tocontinue to accomplish the purposes for which it was created. The stateboard of education may cause the termination of the transitional schooldistrict at any time upon a determination that the transitional districthas accomplished the purposes for which it was established and is no longerneeded. The state board of education may cause the reestablishment of thetransitional school district at any time upon a determination that it isnecessary for the transitional district to be reestablished to accomplishthe purposes established in this section. The state board of educationshall provide notice to the governor and general assembly of thetermination or reestablishment of the transitional school district and thetermination or reestablishment shall become effective thirty days followingsuch determination. Upon dissolution of a transitional school districtpursuant to this section, nothing in this section shall be construed toreduce or eliminate any power or duty of any school district or districtscontaining the territory of the dissolved transitional school districtunless such transitional school district is reestablished by the stateboard of education pursuant to this section.
(L. 1998 S.B. 781, A.L. 2003 H.B. 289)
(2008) Section providing for transfer of powers from city board of education to special administrative board of transitional school district if city school district loses accreditation is constitutional. Board of Education of City of St. Louis v. Missouri State Board of Education, 271 S.W.3d 1 (Mo.banc).
Transitional school district, governing board, members, powers andduties--taxation--school improvement plan, review by state board ofeducation--accountability officer, duties--dissolution of district,when.
162.1100. 1. There is hereby established within each city not withina county a school district to be known as the "Transitional School Districtof (name of city)", which shall be a body corporate and politic and asubdivision of the state. The transitional school district shall becoterminous with the boundaries of the city in which the district islocated. Except as otherwise provided in this section and section 162.621,the transitional school district shall be subject to all laws pertaining to"seven-director districts", as defined in section 160.011, RSMo. Thetransitional school district shall have the responsibility for educationalprograms and policies determined by a final judgment of a federal schooldesegregation case to be needed in providing for a transition of theeducational system of the city from control and jurisdiction of a federalcourt school desegregation order, decree or agreement and such otherprograms and policies as designated by the governing body of the schooldistrict.
2. (1) The governing board of the transitional school district shallconsist of three residents of the district: one shall be appointed by thegoverning body of the district, one shall be appointed by the mayor of thecity not within a county and one shall be appointed by the president of theboard of aldermen of the city not within a county. The members of thegoverning board shall serve without compensation for a term of three years,or until their successors have been appointed, or until the transitionaldistrict is dissolved or terminated. Any tax approved for the transitionaldistrict shall be assigned to the governing body of the school district ina city not within a county after dissolution or termination of thetransitional district.
(2) In the event that the state board of education shall declare theschool district of a city not within a county to be unaccredited, themember of the governing board of the transitional district appointed by thegoverning body of the district as provided in subdivision (1) of thissubsection shall, within ninety days, be replaced by a chief executiveofficer nominated by the state board of education and appointed by thegovernor with the advice and consent of the senate. The chief executiveofficer need not be a resident of the district but shall be a person ofrecognized administrative ability, shall be paid in whole or in part withfunds from the district, and shall have all other powers and duties of anyother general superintendent of schools, including appointment of staff.The chief executive officer shall serve for a term of three years or untilhis successor is appointed or until the transitional district is dissolvedor terminated. His salary shall be set by the state board of education.
3. In the event that the school district loses its accreditation,upon the appointment of a chief executive officer, any powers granted toany existing school board in a city not within a county on or before August28, 1998, shall be vested with the special administrative board of thetransitional school district containing such school district so long as thetransitional school district exists, except as otherwise provided insection 162.621.
4. The special administrative board's powers and duties shallinclude:
(1) Creating an academic accountability plan, taking correctiveaction in underperforming schools, and seeking relief from state-mandatedprograms;
(2) Exploration of alternative forms of governance for the district;
(3) Authority to contract with nonprofit corporations to provide forthe operation of schools;
(4) Oversight of facility planning, construction, improvement,repair, maintenance and rehabilitation;
(5) Authority to establish school site councils to facilitatesite-based school management and to improve the responsiveness of theschools to the needs of the local geographic attendance region of theschool;
(6) Authority to submit a proposal to district voters pursuant tosection 162.666 regarding establishment of neighborhood schools.
5. (1) The provisions of a final judgment as to the state ofMissouri and its officials in a school desegregation case which subjects adistrict in which a transitional district is located in this state to afederal court's jurisdiction may authorize or require the governing body ofa transitional school district established under this section to establishthe transitional district's operating levy for school purposes, as definedpursuant to section 163.011, RSMo, at a level not to exceed eighty-fivecents per one hundred dollars assessed valuation in the district or a salestax equivalent amount as determined by the department of elementary andsecondary education which may be substituted for all or part of suchproperty tax.
(2) Any other statute to the contrary notwithstanding, no taxauthorized pursuant to this subsection shall:
(a) Be subject to any certificate of tax abatement issued afterAugust 28, 1998, pursuant to sections 99.700 to 99.715, RSMo; and
(b) Effective January 1, 2002, be subject to any new or existing taxincrement financing adopted by a city not within a county pursuant tosections 99.800 to 99.865, RSMo, except that any redevelopment plan andredevelopment project concerning a convention headquarters hotel adopted byordinance by a city not within a county prior to August 28, 2003, shall besubject to such tax increment financing.
(3) The transitional school district shall not be subject to theprovisions of section 162.081, sections 163.021 and 163.023, RSMo, withrespect to any requirements to maintain a minimum value of operating levyor any consequences provided by law for failure to levy at least suchminimum rate. No operating levy or increase in the operating levy or salestax established pursuant to this section shall be collected for atransitional school district unless prior approval is obtained from asimple majority of the district's voters. The board of the transitionaldistrict shall place the matter before the voters prior to March 15, 1999.
6. (1) The special administrative board established in this sectionshall develop, implement, monitor and evaluate a comprehensive schoolimprovement plan, and such plan shall be subject to review and approval ofthe state board of education. The plan shall ensure that all students meetor exceed grade-level standards established by the state board of educationpursuant to section 160.514, RSMo;
(2) The special administrative board shall establish studentperformance standards consistent with the standards established by thestate board of education pursuant to section 160.514, RSMo, for preschoolthrough grade twelve in all skill and subject areas, subject to review andapproval of the state board of education for the purpose of determiningwhether the standards are consistent with standards established by thestate board of education pursuant to section 160.514, RSMo;
(3) All students in the district who do not achieve grade-levelstandards shall be required to attend summer school; except that theprovisions of this subsection shall not apply to students receiving specialeducation services pursuant to sections 162.670 to 162.999;
(4) No student shall be promoted to a higher grade level unless thatstudent has a reading ability at or above one grade level below thestudent's grade level; except that the provisions of this subsection shallnot apply to students receiving special education services pursuant tosections 162.670 to 162.999;
(5) The special administrative board established in this sectionshall develop, implement and annually update a professional developmentplan for teachers and other support staff, subject to review and approvalof the state board of education.
7. The school improvement plan established pursuant to this sectionshall ensure open enrollment and program access to all students in thedistrict, and, consistent with the Missouri and United StatesConstitutions, shall give first priority to residents of the city foradmission to magnet schools. The school board shall take all practicableand constitutionally permissible steps to ensure that all magnet schoolsoperate at full capacity. Students who change residence within thedistrict shall be allowed to continue to attend the school in which theywere initially enrolled for the remainder of their education at gradelevels served by that school, and transportation shall be provided by thedistrict to allow such students to continue to attend such school ofinitial enrollment.
8. To the extent practicable, the special administrative board shallensure that per pupil expenditures and pupil-teacher ratios shall be thesame for all schools serving students at a given grade level.
9. The special administrative board shall ensure that early childhoodeducation is available throughout the district.
10. The special administrative board shall ensure that vocationaleducation instruction is provided within the district.
11. The special administrative board shall establish anaccountability officer whose duty shall be to ensure that academicallydeficient schools within the district are raised to acceptable conditionwithin two years.
12. The transitional school district in any city not within a countyshall be dissolved on July 1, 2008, unless the state board determines,prior to that date, that it is necessary for the transitional district tocontinue to accomplish the purposes for which it was created. The stateboard of education may cause the termination of the transitional schooldistrict at any time upon a determination that the transitional districthas accomplished the purposes for which it was established and is no longerneeded. The state board of education may cause the reestablishment of thetransitional school district at any time upon a determination that it isnecessary for the transitional district to be reestablished to accomplishthe purposes established in this section. The state board of educationshall provide notice to the governor and general assembly of thetermination or reestablishment of the transitional school district and thetermination or reestablishment shall become effective thirty days followingsuch determination. Upon dissolution of a transitional school districtpursuant to this section, nothing in this section shall be construed toreduce or eliminate any power or duty of any school district or districtscontaining the territory of the dissolved transitional school districtunless such transitional school district is reestablished by the stateboard of education pursuant to this section.
(L. 1998 S.B. 781, A.L. 2003 H.B. 289)
(2008) Section providing for transfer of powers from city board of education to special administrative board of transitional school district if city school district loses accreditation is constitutional. Board of Education of City of St. Louis v. Missouri State Board of Education, 271 S.W.3d 1 (Mo.banc).
Transitional school district, governing board, members, powers andduties--taxation--school improvement plan, review by state board ofeducation--accountability officer, duties--dissolution of district,when.
162.1100. 1. There is hereby established within each city not withina county a school district to be known as the "Transitional School Districtof (name of city)", which shall be a body corporate and politic and asubdivision of the state. The transitional school district shall becoterminous with the boundaries of the city in which the district islocated. Except as otherwise provided in this section and section 162.621,the transitional school district shall be subject to all laws pertaining to"seven-director districts", as defined in section 160.011, RSMo. Thetransitional school district shall have the responsibility for educationalprograms and policies determined by a final judgment of a federal schooldesegregation case to be needed in providing for a transition of theeducational system of the city from control and jurisdiction of a federalcourt school desegregation order, decree or agreement and such otherprograms and policies as designated by the governing body of the schooldistrict.
2. (1) The governing board of the transitional school district shallconsist of three residents of the district: one shall be appointed by thegoverning body of the district, one shall be appointed by the mayor of thecity not within a county and one shall be appointed by the president of theboard of aldermen of the city not within a county. The members of thegoverning board shall serve without compensation for a term of three years,or until their successors have been appointed, or until the transitionaldistrict is dissolved or terminated. Any tax approved for the transitionaldistrict shall be assigned to the governing body of the school district ina city not within a county after dissolution or termination of thetransitional district.
(2) In the event that the state board of education shall declare theschool district of a city not within a county to be unaccredited, themember of the governing board of the transitional district appointed by thegoverning body of the district as provided in subdivision (1) of thissubsection shall, within ninety days, be replaced by a chief executiveofficer nominated by the state board of education and appointed by thegovernor with the advice and consent of the senate. The chief executiveofficer need not be a resident of the district but shall be a person ofrecognized administrative ability, shall be paid in whole or in part withfunds from the district, and shall have all other powers and duties of anyother general superintendent of schools, including appointment of staff.The chief executive officer shall serve for a term of three years or untilhis successor is appointed or until the transitional district is dissolvedor terminated. His salary shall be set by the state board of education.
3. In the event that the school district loses its accreditation,upon the appointment of a chief executive officer, any powers granted toany existing school board in a city not within a county on or before August28, 1998, shall be vested with the special administrative board of thetransitional school district containing such school district so long as thetransitional school district exists, except as otherwise provided insection 162.621.
4. The special administrative board's powers and duties shallinclude:
(1) Creating an academic accountability plan, taking correctiveaction in underperforming schools, and seeking relief from state-mandatedprograms;
(2) Exploration of alternative forms of governance for the district;
(3) Authority to contract with nonprofit corporations to provide forthe operation of schools;
(4) Oversight of facility planning, construction, improvement,repair, maintenance and rehabilitation;
(5) Authority to establish school site councils to facilitatesite-based school management and to improve the responsiveness of theschools to the needs of the local geographic attendance region of theschool;
(6) Authority to submit a proposal to district voters pursuant tosection 162.666 regarding establishment of neighborhood schools.
5. (1) The provisions of a final judgment as to the state ofMissouri and its officials in a school desegregation case which subjects adistrict in which a transitional district is located in this state to afederal court's jurisdiction may authorize or require the governing body ofa transitional school district established under this section to establishthe transitional district's operating levy for school purposes, as definedpursuant to section 163.011, RSMo, at a level not to exceed eighty-fivecents per one hundred dollars assessed valuation in the district or a salestax equivalent amount as determined by the department of elementary andsecondary education which may be substituted for all or part of suchproperty tax.
(2) Any other statute to the contrary notwithstanding, no taxauthorized pursuant to this subsection shall:
(a) Be subject to any certificate of tax abatement issued afterAugust 28, 1998, pursuant to sections 99.700 to 99.715, RSMo; and
(b) Effective January 1, 2002, be subject to any new or existing taxincrement financing adopted by a city not within a county pursuant tosections 99.800 to 99.865, RSMo, except that any redevelopment plan andredevelopment project concerning a convention headquarters hotel adopted byordinance by a city not within a county prior to August 28, 2003, shall besubject to such tax increment financing.
(3) The transitional school district shall not be subject to theprovisions of section 162.081, sections 163.021 and 163.023, RSMo, withrespect to any requirements to maintain a minimum value of operating levyor any consequences provided by law for failure to levy at least suchminimum rate. No operating levy or increase in the operating levy or salestax established pursuant to this section shall be collected for atransitional school district unless prior approval is obtained from asimple majority of the district's voters. The board of the transitionaldistrict shall place the matter before the voters prior to March 15, 1999.
6. (1) The special administrative board established in this sectionshall develop, implement, monitor and evaluate a comprehensive schoolimprovement plan, and such plan shall be subject to review and approval ofthe state board of education. The plan shall ensure that all students meetor exceed grade-level standards established by the state board of educationpursuant to section 160.514, RSMo;
(2) The special administrative board shall establish studentperformance standards consistent with the standards established by thestate board of education pursuant to section 160.514, RSMo, for preschoolthrough grade twelve in all skill and subject areas, subject to review andapproval of the state board of education for the purpose of determiningwhether the standards are consistent with standards established by thestate board of education pursuant to section 160.514, RSMo;
(3) All students in the district who do not achieve grade-levelstandards shall be required to attend summer school; except that theprovisions of this subsection shall not apply to students receiving specialeducation services pursuant to sections 162.670 to 162.999;
(4) No student shall be promoted to a higher grade level unless thatstudent has a reading ability at or above one grade level below thestudent's grade level; except that the provisions of this subsection shallnot apply to students receiving special education services pursuant tosections 162.670 to 162.999;
(5) The special administrative board established in this sectionshall develop, implement and annually update a professional developmentplan for teachers and other support staff, subject to review and approvalof the state board of education.
7. The school improvement plan established pursuant to this sectionshall ensure open enrollment and program access to all students in thedistrict, and, consistent with the Missouri and United StatesConstitutions, shall give first priority to residents of the city foradmission to magnet schools. The school board shall take all practicableand constitutionally permissible steps to ensure that all magnet schoolsoperate at full capacity. Students who change residence within thedistrict shall be allowed to continue to attend the school in which theywere initially enrolled for the remainder of their education at gradelevels served by that school, and transportation shall be provided by thedistrict to allow such students to continue to attend such school ofinitial enrollment.
8. To the extent practicable, the special administrative board shallensure that per pupil expenditures and pupil-teacher ratios shall be thesame for all schools serving students at a given grade level.
9. The special administrative board shall ensure that early childhoodeducation is available throughout the district.
10. The special administrative board shall ensure that vocationaleducation instruction is provided within the district.
11. The special administrative board shall establish anaccountability officer whose duty shall be to ensure that academicallydeficient schools within the district are raised to acceptable conditionwithin two years.
12. The transitional school district in any city not within a countyshall be dissolved on July 1, 2008, unless the state board determines,prior to that date, that it is necessary for the transitional district tocontinue to accomplish the purposes for which it was created. The stateboard of education may cause the termination of the transitional schooldistrict at any time upon a determination that the transitional districthas accomplished the purposes for which it was established and is no longerneeded. The state board of education may cause the reestablishment of thetransitional school district at any time upon a determination that it isnecessary for the transitional district to be reestablished to accomplishthe purposes established in this section. The state board of educationshall provide notice to the governor and general assembly of thetermination or reestablishment of the transitional school district and thetermination or reestablishment shall become effective thirty days followingsuch determination. Upon dissolution of a transitional school districtpursuant to this section, nothing in this section shall be construed toreduce or eliminate any power or duty of any school district or districtscontaining the territory of the dissolved transitional school districtunless such transitional school district is reestablished by the stateboard of education pursuant to this section.
(L. 1998 S.B. 781, A.L. 2003 H.B. 289)
(2008) Section providing for transfer of powers from city board of education to special administrative board of transitional school district if city school district loses accreditation is constitutional. Board of Education of City of St. Louis v. Missouri State Board of Education, 271 S.W.3d 1 (Mo.banc).
