PURPOSE: This rule establishes the criteria and procedures for annually identifying school district and/or school building eligibility for waivers in compliance with sections 161.210, 163.031.5(3), 160.545 and 160.518, RSMo. The student performance data will be reviewed, and the commissioner will notify districts if they are eligible for a waiver. Districts may respond to this notification by either accepting or rejecting such waiver. This rule contains four (4) types of department-wide waivers of regulations which may be granted to school districts. Regulations identified in the Missouri School Improvement Program (MSIP) Waiver Plan will be waived in each of the four (4) categories of waivers; however, the criteria for qualifying varies with each waiver. In all cases, the performance indicators will be evaluated on data in the same manner as in regular MSIP reviews (i.e., data from 1999–2000 would be used as the most current for districts being reviewed in 2000–2001).

1. (1) Missouri School Improvement Program (MSIP) On-Site Review.

   1. (A) Districts will qualify for a waiver of the next scheduled MSIP review if they meet the following:

      1. 1. The district, based upon department

generated Annual Performance Reports (APR), meets the performance indicators at the accredited level (including at least two (2) of the measurements in Standard 16.1 and at least three (3) of the measurements in Standard 16.3 for K-12 districts; or, for K-8 districts, four (4) of five (5) performance measurements, two (2) from 16.1 and two (2) from 16.2 and 17.1*3 combined and having no dropouts) for three (3) of the last four (4) years, including the last year’s APR, based upon the annual Performance Scoring Guide. (In order for districts to have adequate time to prepare for the MSIP review, the decision on eligibility for waivers must be made by December of the second preceding year; therefore, the determination would be based upon the calls made during their last review and the succeeding three (3) APRs);

1. 2. Districts having twenty (20) or more

students in any identified ethnic minority must demonstrate improvement in the minority population’s achievement which is equal to or greater than the achievement of the nonminority population on the Missouri Assessment Program (MAP). The following process will be used to judge this condition:

1. A. First, the three (3) MSIP grade

spans will be examined to determine whether any grade span has twenty (20) or more students in any identified minority in each grade tested in that span for both the preceding and second preceding year;

1. B. Second, grade spans meeting the

above condition will be examined to determine how many times the identified ethnic minority group equals or exceeds the improvement of the non-minority population on each test when comparing results from the second preceding to the preceding year on both the upper two (2) levels (Proficient and Advanced combined) and the bottom two (2) levels (Step I and Progressing combined) for each test in that grade span; and

1. C. Third, at least sixty-two percent

(62%) postive comparisons between the two (2) groups are required to be acceptable;

1. 3. The district agrees to administer the

MSIP Advance Questionnaire; and

1. 4. The district completes an annual

MSIP Waiver Plan which confirms the district’s adherence to the specific laws and rules referred to in the checklist.

1. (B) If a district meets the criteria for a waiver of its regularly scheduled five (5)-year MSIP review, Department of Elementary and Secondary Education (DESE) will conduct a mini-team review which will focus on the areas identified in the MSIP Waiver Plan. The team will include the state supervisor and representatives from appropriate DESE sections.
2. (C) If the district meets the performance indicators at a level that would qualify for “Distinction” the year of their scheduled review, DESE will conduct a desk audit of the Resource Report. If the district meets all of the resource standards, a team will conduct an on-site visit which will focus on the district’s documentation of its compliance with the items on the Waiver Plan.

3. (D) The MSIP waiver is an annual waiver and may be renewed for five (5) consecutive years if—

   1. 1. The district continues to meet the

“Accredited” level on the performance indicators;

1. 2. Complies with all the items on the

MSIP Waiver Plan; and

1. 3. Verifies that it has reviewed its

Comprehensive School Improvement Plan (CSIP) and submits any revisions to DESE.

1. (E) If a district fails to meet the above criteria, the district will be notified by December 1 that a review is scheduled for the following year (i.e., If, based upon 1999–2000 data, a district is no longer qualified for an MSIP waiver, DESE will notify the district by December 1, 2000, that it is now scheduled for an MSIP review during the 2001–2002 school year). No other waiver can be used during that time period.

1. (2) Hold Harmless Districts.

   1. (A) A district that meets the financial qualifications identified in section 163.031.5(3), RSMo will be granted waivers as long as the district qualifies for a waiver of the MSIP On-Site Review.

2. (3) A+ High School.

   1. (A) The designation as an A+ high school is granted for one (1) year in compliance with the A+ rule and section 160.545, RSMo. A high school will qualify for a waiver of the MSIP On-Site Review if—

      1. 1. It is currently designated as A+;
      2. 2. Agrees to administer the MSIP

Advance Questionnaire; and

1. 3. Completes an annual A+ Waiver

Plan which confirms the district’s adherence to the specific laws and rules referred to in that plan.

1. (B) The A+ Waiver Plan is valid until June 30 of the year in which the high school is no longer designated as A+.

1. (4) Exemplary School.

   1. (A) A school building that meets the following student performance criteria will be designated as Exemplary in compliance with section 160.518, RSMo, and will be granted waivers when the school meets the following:

      1. 1. The school has at least fifty percent

(50%) of its students in the Proficient and Advanced levels, combined, on the MAP and Reading Performance Indicators and has no more than twenty percent (20%) of its students in the Step I and Progressing levels of the MAP, combined;

1. 2. Schools having twenty (20) or more

students in any identified ethnic minority must demonstrate improvement in the minority population’s achievement which is equal to or greater than the achievement of the nonminority population on the MAP. The following process will be used to judge this condition:

1. A. First, the three (3) MSIP grade

spans will be examined to determine whether any grade span has twenty (20) or more students in any identified minority in each grade tested in that span for both the preceding and second preceding year;

1. B. Second, grade spans meeting the

above condition will be examined to determine how many times the identified ethnic minority group equals or exceeds the improvement of the non-minority population on each test when comparing results from the second preceding to the preceding year on both the upper two (2) levels (Proficient and Advanced combined) and the bottom two (2) levels (Step I and Progressing combined) for each test in that grade span; and

1. C. Third, at least sixty-two percent

(62%) positive comparisons between the two (2) groups are required to be acceptable;

1. 3. The school meets all other MSIP

Performance Indicators;

1. 4. The school completes an annual

MSIP Waiver Plan which confirms the district’s adherence to the specific laws and rules referred to in the plan for all buildings within the district; and

1. 5. The school agrees to administer the

MSIP Advance Questionnaire.

1. (B) The building’s exemplary designation will be valid until June 30 of the year in which the building is determined to not meet items in paragraphs (4)(A)1.–4.

1. (5) Application. A district which meets the performance criteria for any of the four (4) waivers will be so notified by the commissioner. The district must either accept or decline the waiver by December 1 of the second preceding year prior to the year the district is scheduled for an MSIP review except that a district qualifying for an A+ waiver must accept or decline the waiver by October 1 of the year of the scheduled MSIP review

   (2/29/00)* Rebecca McDowell Cook

(i.e., a waiver application for a scheduled 2001–2002 MSIP review must be filed by December 1, 1999).

1. (6) Missouri School Improvement Program Waiver Plan.

   1. (A) School districts which meet certain student performance expectations may qualify for certain waivers related to the MSIP. The plan which is outlined below identifies the areas of MSIP which are eligible to be waived for qualifying districts.

      1. 1. All MSIP Resource Standards and

Indicators will be waived except the following:

1. A. The state high school graduation

requirements (MSIP 1.3);

1. B. Regular instruction in United

States and Missouri Constitutions, as well as American History and Institutions, must be provided, and all students must pass at least a half unit of credit course in the institutions, branches, and functions of federal, state and local governments and in the electoral process, as required by section 170.011, RSMo (MSIP 1.3); and

1. C. All administrators and teachers

must be certificated to teach in Missouri schools. “Appropriately certificated for their assignments” is waived under this provision, unless funding sources require specific certification. (MSIP 5.1).

1. 2. All MSIP Process Standards and

Indicators will be waived except the following:

1. A. Districts must have cross-refer-

enced all curricular areas to the Show-Me Standards (MSIP 6.1A);

1. B. The district reports dropouts from

school to the Missouri Literacy Hot Line (MSIP 8.1);

1. C. The district meets state and feder-

al requirements for special education for students with disabilities, economically disadvantaged students, migratory children, students whose native or home language is other than English and homeless youth (MSIP 8.1B, C, D, E, F);

1. D. The district complies with all the

regulations of the state and federal categorical programs in which the district participates (MSIP 8.3 and 8.7);

1. E. The district distributes a student

code of conduct and provides a protected, orderly environment (MSIP 9.1C);

1. F. Professional development programs

and services are provided as required by sections 168.400 and 160.530, RSMo (MSIP 12.1A);

1. G. Board of Education members must

be trained as prescribed by section 162.203, RSMo (MSIP 13.2B);

1. H. The district complies with the

salary compliance requirements of section 165.016, RSMo and with the minimum salary requirements as defined in section 163.172, RSMo. (MSIP 13.2.B, 13.3C) Does not apply to “hold harmless” districts;

1. I. The district implements effective

and efficient fiscal management systems that ensure accountability of district funds, and is not identified as a “financially stressed district” (MSIP 13.4A, B);

1. J. The district annually reviews its

Comprehensive School Improvement Plan and updates it if necessary (MSIP 13.1C);

1. K. The district provides a safe physi-

cal environment for students (MSIP 14.2);

1. L. The district implements effective

and efficient fiscal management systems that ensure accountability of district funds (MSIP 13.4A, B);

1. M. Cumulative health records,

including immunizations as required by state law, are maintained and regularly updated for all students (MSIP 15.1); and

1. N. The district complies with all laws

related to the transportation of students (MSIP 15.3).

1. 3. No MSIP Performance Standards will

be waived.

AUTHORITY: sections 160.518 and 160.545, RSMo 1994, and 161.210, and 163.031.5(3), RSMo Supp. 1998.* Original rule filed Sept. 30, 1999, effective March 30, 2000. *Original authority: 160.518, RSMo 1993; 160.545, RSMo 1993; 161.210, RSMo 1996; and 163.031, RSMo 1963, amended 1965, 1967, 1969, 1975, 1976, 1977, 1982, 1984, 1985, 1986, 1993, 1996, 1997, 1998.