HB 96 Modifies provisions relating to school safety and protection measures

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 96 – This act modifies provisions relating to school protection measures.

SCHOOL DISCIPLINE POLICIES & REPORTING REQUIREMENTS: Currently, school discipline policies must include a requirement that school administrators report acts of school violence to teachers with a need to know. This act provides that such acts of school violence must be provided to all teachers at the attendance center. Students on suspension for acts of violence or drug-related offenses cannot be within 1,000 feet of school property or any activity of the district without the authorization of the superintendent. This act expands employee immunity from correctly following discipline policies to all policies.

Current law provides that spanking, when administered by certificated personnel in a reasonable manner, is not abuse. This act provides that the use of force to protect persons or property, when administered by school district personnel in a reasonable manner, is not abuse, as long as no allegation of sexual misconduct arises and another school employee is present as a witness in the case of spanking.

Additional reporting offenses include burglary in the second degree, harassment, and stalking. (Sections 160.261, 167.115)

USE OF SECLUSION ROOMS: This act requires school district discipline policies to prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel. By July 1, 2011, each school district must adopt a written policy that addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique, as described in the act. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2010 in cooperation with associations, organizations, agencies, and individuals with specialized expertise in behavior management.

This provision identical to a provision contained in HCS#2/SS/SB 291 (2009) and HCS/SB 79 (2009) and is similar to SB 445 (2009). (Section 160.263)

SCHOOL FACILITIES AND SAFETY CRITERIA: By July 1, 2011, the State Board of Education must add to any school facilities and safety criteria developed for the Missouri School Improvement Program provisions that suggest that the drills required pursuant to the standard for safe facilities occur at least annually. All staff must receive sufficient training on the security and crisis management plan. (Section 160.660)

ANTI-BULLYING POLICIES: This act modifies the definition of "bullying" as used in antibullying policies that must be enacted by school districts. The definition of "bullying" shall include cyberbullying and electronic communications.

This provision is identical to SB 79 (2009), SB 762 (2008) and similar to SB 646 (2007). (Section 160.775)

SCHOOL VIOLENCE PREVENTION PROGRAMS: This act removes a statutory reference to section 166.260, which was previously repealed. (Section 161.650)

SCHOOL OFFICERS: The Blue Springs school board may authorize and commission school officers to enforce laws relating to crimes committed on school premises, at school activities, and on school buses as described in the act. All school officers must be licensed peace officers. School officers must abide by school board policies and coordinate with the superintendent, or the superintendent's designee. Any crimes involving a sexual offense or any felony involving the threat or use of force will remain under the authority of the local jurisdiction.

This provision is identical to a provision also contained in HCS#2/SS/SB 291 (2009). (Section 162.215)

HOMELESS CHILDREN & TRANSFER OF SCHOOL RECORDS: The act replaces the definition of "homeless children" with the federal definition when addressing residency requirements for school districts.

Current law requires a school official who enrolls a nonresident pupil to request student transfer records within forty-eight hours. This act requires a school official to request all education records deemed necessary by the school official for enrollment within two business days, including IEPs and health records. Any school district that receives a records request from another school district, private school, or parochial school must respond to the request within five business days of its receipt. In addition, school districts may report or disclose education records to other state or local officials as described in the act. (Sections 167.020 & 167.022)

REPORTABLE OFFENSES FOR STUDENTS: When a student is found to have committed a reportable offense, the school district must provide all information relating to the reportable offense to any school district to which the student transfers or enrolls. If the student is being tried as an adult, the school district must attach notice of the reportable offense to the student's permanent record and academic transcript. If the student is under the jurisdiction of the juvenile court, the school district must attach notice to the student's permanent record and academic transcript stating only that a reportable offense has been committed. (Section 167.023)

STUDENT DRESS CODE: Currently, only the St. Louis City school district may require school uniforms. This act allows any school district to require students to wear a school uniform or restrict student dress to a particular style. (Section 167.029)

STUDENT EXPULSION: A school board may expel a student upon a finding that the student has been charged, convicted or pled guilty to the commission of a felony after notice to parents or others have custodial care and after a hearing.

Current law provides that student suspension does not relieve the state or the suspended student's parents of their responsibility to educate the child. This act includes students who have received an expulsion from a public school district to those for whom the state or parents have a responsibility to educate. (Sections 167.161 & 167.164)

ADMINISTRATION OF MEDICATION OR MEDICAL SERVICES: This act exempts unqualified employees who refuse to administer medication or medical services from disciplinary action. A school district may develop a program to train employees in CPR and other lifesaving methods. Qualified employees are exempted from liability for administering medication or medical services, including CPR, when done in good faith and according to standard medical practices. Students may self-administer medication for chronic conditions. Employees trained and supervised by the school nurse are authorized to use an epinephrine auto-syringe on a student as described in the act. Trained employees administering a prefilled auto syringe are exempted from liability when acting in good faith and according to standard medical practices. (Sections 167.621, 167.624, 167.627 & 167.630)

EMPLOYEE BACKGROUND CHECKS AND FINGERPRINT RECORDS: An employee background check and fingerprint record is good for one year and transferable from district to district or to a private or parochial school. A teacher's change in certification will not affect the transferability of records.

This provision is identical to a provision contained in HCS#2/SS/SB 291 (2009), HCS/SB 55 (2009), HCS/SB 79 (2009), and HCS/HB 689 (2009). (Section 168.133)

MISSOURI CHILDREN'S SERVICES COMMISSION: The Missouri Children's Services Commission is required to recommend best practices for sharing agency information regarding students receiving state services by July 1, 2010. (Section 210.102)

This act contains provisions that are identical to SB 79 (2009) and SB 762 (2008) and similar to provisions contained in SS/SCS/HCS/HB 1722 (2008), SB 995 (2008), HCS/HB 469 (2007), SB 399 (2007), and SB 646 (2007).

MICHAEL RUFF


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