160.950. Fund created, use of moneys--grants to be awarded, procedure--rulemaking authority--report--sunset provision.
Fund created, use of moneys--grants to be awarded,procedure--rulemaking authority--report--sunset provision.
160.950. 1. There is hereby created in the state treasury the"Persistence to Graduation Fund", which shall consist of money collectedunder this section. The state treasurer shall be custodian of the fund andmay approve disbursements from the fund in accordance with sections 30.170and 30.180, RSMo. Upon appropriation, money in the fund shall be usedsolely for the administration of this section. Any moneys remaining in thefund at the end of the biennium shall revert to the credit of the generalrevenue fund. The state treasurer shall invest moneys in the fund in thesame manner as other funds are invested. Any interest and moneys earned onsuch investments shall be credited to the fund. The fund shall beadministered by the department of elementary and secondary education.
2. The department of elementary and secondary education shallestablish a procedure whereby seven-director, urban, and metropolitanschool districts may apply for grant awards from the persistence tograduation fund in order for such districts to implement drop-outprevention strategies. Successful applicants under this section shall beawarded grants for one to five consecutive years. Upon expiration of theinitial grant, the district may reapply for an extension of the grant awardfor a period of time deemed appropriate by both the district and thedepartment. The department of elementary and secondary education shallgive preference to school districts that propose a holistic approach todrop-out prevention, directed at a broad array of students, from thepre-kindergarten level through early adulthood, including the followingcharacteristics:
(1) A collaborative approach between the school district and variouscommunity organizations, including nonprofit organizations, localgovernmental organizations, law enforcement agencies, approved publicinstitutions and approved private institutions as such terms are defined insection 173.1102, RSMo, and institutions able to deliver proven,research-based intervention services;
(2) Early intervention strategies, including family engagement, earlychildhood education, early literacy development, family literacy, andmental health detection and treatment;
(3) Increased accountability measures that track at-risk studentsthat leave the district;
(4) The implementation or augmentation of the following basic corestrategies for drop-out prevention:
(a) Mentoring;
(b) Tutoring;
(c) Alternative schooling;
(d) Career and technical education; and
(e) Before- or after-school programs;
(5) The implementation of early intervention strategies for studentswho display strong indicators that they will not persist to graduation.
3. Subject to appropriation, grants awarded under this section shallbe available to school districts that have a student population of whichsixty percent or greater is eligible for a free and reduced lunch on thelast Wednesday in January for the preceding school year who were enrolledas students of the district, as approved by the department of elementaryand secondary education in accordance with applicable federal regulations.
4. The department of elementary and secondary education shallpromulgate rules, no later than January 15, 2010, for the implementation ofthis section, including:
(1) A procedure by which funds shall be allocated to the applyingschool districts; and
(2) A means to judge the effectiveness of the drop-out preventionprograms of the districts that receive grants under this program.
Any rule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2009, shall be invalidand void.
5. The department of elementary and secondary education may ceaseaward payments to any district at any time if the department determinesthat such funds are being misused or if the district's drop-out preventionprogram is deemed to be ineffectual. Any decision to discontinue paymentsof such funds shall be presented to the applicable district in writing atleast thirty days prior to the cessation of fund payments.
6. The department of elementary and secondary education shall reportto the general assembly and to the governor, no later than Januaryfifteenth annually:
(1) The recipients and amounts of the grants awarded under thissection; and
(2) The persistence to graduation data from the preceding five yearsfor each district awarded grants under this section.
7. Subject to appropriation, the general assembly shall annuallyappropriate an amount sufficient to fund the provisions of this section.
8. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after August 28, 2009, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall sunset automatically twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.
(L. 2009 S.B. 291)Sunset date 8-28-15, unless reauthorized
Termination date 9-01-16, unless reauthorized