Section 161.216

Title XI EDUCATION AND LIBRARIES

Chapter 161

Effective - 30 May 2012, 2 histories, see footnote   (history) 

  161.216.  Quality rating system for early childhood education, prohibition on certain incentives and mandates to participate without statutory authority — taxpayer standing, when — definitions. — 1.  No public institution of higher education, political subdivision, governmental entity, or quasi-governmental entity receiving state funds shall operate, establish, or maintain, offer incentives to participate in, or mandate participation in a quality rating system for early childhood education, a training quality assurance system, any successor system, or any substantially similar system for early childhood education, unless the authority to operate, establish, or maintain such a system is enacted into law through:

  (1)  A bill as prescribed by Article III of the Missouri Constitution;

  (2)  An initiative petition as prescribed by Section 50 of Article III of the Missouri Constitution; or

  (3)  A referendum as prescribed by Section 52(a) of Article III of the Missouri Constitution.

  2.  No public institution of higher education, political subdivision, governmental entity or quasi-governmental entity receiving state funds shall promulgate any rule or establish any program, policy, guideline, or plan or change any rule, program, policy, guideline, or plan to operate, establish, or maintain a quality rating system for early childhood education, a training quality assurance system, any successor system, or any substantially similar system for early childhood education unless such public institution of higher education, political subdivision, governmental entity or quasi-governmental entity receiving state funds has received statutory authority to do so in a manner consistent with subsection 1 of this section.

  3.  Any taxpayer of this state or any member of the general assembly shall have standing to bring suit against any public institution of higher education, political subdivision, governmental entity or quasi-governmental entity which is in violation of this section in any court with jurisdiction to enforce the provisions of this section.

  4.  This section shall not be construed to limit the content of early childhood education courses, research, or training carried out by any public institution of higher education.  A course on quality rating systems or training quality assurance systems shall not be a requirement for certification by the state as an individual child care provider or any licensing requirement that may be established for an individual child care provider.

  5.  For purposes of this section:

  (1)  "Early childhood education" shall mean education programs that are both centered and home-based and providing services for children from birth to kindergarten;

  (2)  "Quality rating system" or "training quality assurance system" shall include the model from the Missouri quality rating system pilots developed by the University of Missouri center for family policy and research, any successor model, or substantially similar model.  "Quality rating system" or "training quality assurance system" shall also include but not be limited to a tiered rating system that provides a number of tiers or levels to set benchmarks for quality that build upon each other, leading to a top tier that includes program accreditation.  "Quality rating system" or "training quality assurance system" may also include a tiered reimbursement system that may be tied to a tiered rating system;

  (3)  "Tiered reimbursement system" or "training quality assurance system" shall include but not be limited to a system that links funding to a quality rating system, a system to award higher child care subsidy payments to programs that attain higher quality levels, or a system that offers other incentives through tax policy or professional development opportunities for child care providers.

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(L. 2012 H.B. 1731)

Effective 5-30-12

CROSS REFERENCE:

Nonseverability clause, 313.836