Pending Regulation

Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

Division 50 - Division of School Improvement

Chapter 340 - School Improvement and [Accreditation] Accountability

PROPOSED AMENDMENT

Comments about this proposed amendment must be submitted by March 16, 2008, to the
Assistant Commissioner of School Improvement, PO Box 480, Jefferson City, MO 65102-0480;
or by e-mail to this address: webreplyimpr@dese.mo.gov .

5 CSR 50-340.050 Policies and Standards for Summer School Programs.  The State Board of Education proposes to amend the chapter name, purpose, sections (1), (2), (4), (6)-(8), subsection (3)(A), delete section (5) and renumber to the end.

PURPOSE:  The State Board’s existing regulation, which has been in effect since 1995, must be amended to reflect the current school funding statutes and current processes.

PURPOSE: This rule establishes policies and standards for public school districts and charter schools which choose to conduct summer school programs that will qualify for state aid in accordance with [section 163.031] Chapter 163, RSMo.

(1) Summer school programs may be held any time between the close of the regular school term and the beginning of the next regular term and must be approved by the local school board.  A summer school program shall consist of a planned schedule of course offerings for resident students at the elementary or high school level.  An approved summer school program for [nonhandicapped] students without disabilities must be in session for at least one hundred twenty (120) clock hours.  Summer school programs for [handicapped] students with disabilities must be in session for at least sixty (60) clock hours depending upon the hours needed to comply with the [Individual] Individualized Education Program (IEP).

(2) A school board may authorize the operation of summer school programs at the elementary or high school level, or both.  Each approved summer school program shall have at least the required minimum clock hours of instruction.  An elementary summer school program may include any combination of grades kindergarten through eight (K-8).  A high school summer school program may include any combination of grades seven through twelve (7-12). [Elementary and high school summer school programs may not be combined to meet the minimum clock-hour requirement.]  A school district or charter school may operate one (1) or more summer school programs at any level.  Each summer school program that is operated separately with different opening and closing dates must meet the minimum clock hours of instruction requirements.  A variety of classes may be offered at either the elementary or secondary level which meet state guidelines and whose total hours of instruction equal at least one hundred twenty (120) clock hours.  A second method of meeting the clock hour requirement is to offer a variety of classes at the elementary and secondary level whose combined hours total at least one hundred twenty (120).  This method is commonly referred to as “stacking.”  Under the “stacking” method, typically sixty (60) hours of instruction are offered at the elementary level with sixty (60) hours of instruction offered at the secondary level for a combined total of one hundred twenty (120) clock hours.  The clock hours of regular summer school classes may be combined with the clock hours of special education extended school year programs to reach the one hundred twenty (120) clock hour requirement.  No individual course or segment of an approved summer school program, other than special education programs, may consist of less than thirty (30) clock hours of classroom instruction.  Minimum time requirements exclude break time and lunch time. 

(A) Examples of acceptable combinations are as follows:

1.  Sixty (60) hours in grades kindergarten through six (K-6) or kindergarten through eight (K-8) plus sixty (60) hours in grades seven through eight (7-8) or nine through twelve (9-12) in an approved summer school;

2.  Sixty (60) hours in a special education extended school year program plus sixty (60) hours in grades kindergarten through eight (K-8) or nine through twelve (9-12) in an approved summer school; or

3.  Thirty (30) hours in grades kindergarten through six (K-6) plus thirty (30) hours in grades seven through eight (7-8) plus sixty (60) hours in grades nine through twelve (9-12) in an approved summer school.

(B)  Title I summer school hours may not be used in the “stacking” method.  The district or charter school must demonstrate compliance with the supplement not supplant requirement before federal programs funds may be used for summer services.  Prior to obligating federal funds for summer services, the district must complete a Federal Program Proposed Summer School Plan. 

(3) The curriculum in an approved summer school program at any level must include one (1) or more of the following academic areas as the major portion of the clock hours of instruction in the program: elementary school--language arts, mathematics, science, social studies; and high school--language arts, mathematics, science, social studies, practical arts.

(A) Any course which may be offered in the regular school term may be approved as part of the summer school [program] with the exception of physical education hours that do not count as credit toward graduation for students in grades nine (9), ten (10), eleven (11) and twelve (12).  Special approval must be requested for summer school courses that would require special approval during the regular term.

(4) The attendance of resident [pupils] students between the ages of six and twenty (6-20) in grades one through twelve (1-12) and [pupils five (5) years old attending kindergarten in approved summer school programs] students who are eligible to attend kindergarten the next fall (must be five (5) before the first day of August of the school year beginning in that calendar year) may be counted for summer school state aid purposes in accordance with [section 163.011] Chapter 163, RSMo.

[(5) Individual school district's summer school average daily attendance (ADA) that does not exceed five percent (5%) of the ADA for the immediate preceding school year, the ADA shall be doubled for state aid purposes.  A district's summer school ADA greater than five percent (5%) of the preceding school year ADA shall count once for state aid purposes.]

[(6)](5) Some high school courses may be offered for credit and some courses for no credit in an approved summer school program.  High school [pupils] students may earn one-half (1/2) unit of high school credit for laboratory courses which meet at least seventy-five (75) clock hours and one-half (1/2) unit of high school credit for other courses which meet for sixty to seventy-five (60-75) clock hours.  One-fourth (1/4) unit of high school credit may be granted for driver education classes which provide thirty (30) clock hours of classroom instruction, six (6) clock hours behind the wheel and twelve (12) clock hours as an observer in a driver education car.  Minimum time requirements exclude any [passing time,] break time and lunch time.

[(7)](6) Summer school teachers [shall] must have valid Missouri teacher certification [at the appropriate level in the area of service].

[(8)](7) Transportation for [handicapped] summer school [pupils] students with disabilities is reimbursable as provided in 5 CSR [4]30-261.040 Allowable Costs for State Transportation Aid.

[(9)](8) School food services for summer school [pupils] students are not required but may be provided.

[(10)](9) Facilities and equipment used for summer school shall be of a quality equal to that used during the regular term.

[(11)](10) Textbooks, library resources and other instructional materials and aids shall be of a quality equal to that used during the regular term.

[(12)](11) State Board of Education classification standards pertaining to class size are applicable to summer school programs.

[(13)](12) Department of Elementary and Secondary Education (DESE) staff will review applications for approval of summer school programs, consult with local school officials as needed and approve eligible summer school programs for state aid.  Approved summer school programs will be visited and reviewed by [department] DESE staff.

[(14)](13) [Local s] School districts and charter schools must keep individual [pupil] student membership and attendance records for summer school programs. The summer school records shall be audited as required by law.

[(15)](14) Summer school program applications and reports shall be submitted in a form and at a time as may be required by [the] DESE.

AUTHORITY: sections 161.092(2), 163.011, 163.021(2) and 163.031, RSMo [(1994)] Supp. 2007.  Original rule filed May 14, 1971, effective May 24, 1971.  Rescinded and readopted: Filed Nov. 15, 1977, effective Feb. 15, 1978.  Amended:  Filed Aug. 12, 1983, effective Dec. 12, 1983. Amended: Filed May 11, 1995, effective Dec. 30, 1995.  Amended:  Filed Jan. 16, 2008.

PUBLIC COST:  This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST:  This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS:  Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Department of Elementary and Secondary Education, Attention:  Becky Odneal, Coordinator, School Improvement and Accountability, PO Box 480, Jefferson City, MO 65102-0480.  To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register.  No public hearing is scheduled.

For more information regarding this rule, please contact
School Improvement and Accountability Section at (573) 751-4104.