SB 0615 School Safety & Discipline
LR Number:S2452.01I Fiscal Note:2452-01
Last Action:01/30/96 - Voted Do Pass S Education Committee
Effective Date:August 28, 1996
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Current Bill Summary

SB 615- This act contains several provisions relating to school violence and discipline.

SCHOOL DISCIPLINE: All school district employees are to receive instruction about the district's discipline policy. This policy shall include a requirement that school officials notify law enforcement of all acts involving student violence. "Student violence" means physical force exerted by a student with the intent to harm another while on school property or while engaged in a school activity, including commuting to school by bus. Each school district shall maintain records of any serious violation of its discipline policy.

A school district may place certain students with disabilities, who are likely to cause injury to themselves or others, in a more appropriate placement, consistent with federal law. A school board is authorized to immediately remove a pupil upon a finding by a principal, superintendent, or board itself that such pupil poses a threat of harm to himself or others, based upon the child's prior conduct.

A child suspended for an act of violence, defined above, or expelled will not be readmitted by the school board until the board has held a conference to review the child's conduct. This conference shall include the teacher involved in the incident resulting in the suspension or expulsion, the student, the student's parent or guardian and the juvenile officer or any agency having custody or care of the student. If a party fails to attend, the conference will still be held.

CHILD REGISTERING AT NEW SCHOOL: Defines the term "homeless child" as a child less than twenty-one years of age who does not have a regular residence.

A parent or guardian must present one of the following to register a student: 1) proof of residency in the district; or 2) proof that the parent or guardian has requested a waiver from the residency requirement. A waiver will be granted on the basis of hardship or good cause. If the request for a waiver is rejected by the district board, the applicant may appeal the decision to the circuit court. A parent or guardian filing false information is subject to both civil and criminal penalties. Certain children, including homeless children, children participating in a desegregation program, and wards of the state, shall be exempt from the residency or waiver requirement.

The school at which the student registers shall request all academic and disciplinary records from schools the student previously attended within the last twelve months. A school receiving such a request shall send such information within 7 days.

ASSAULTS AGAINST TEACHERS: This act establishes three degrees of assault against teachers. A person commits first degree assault on a teacher when he attempts to kill or knowingly causes or attempts to cause serious physical injury to a teacher. This crime is a class A felony.

A person commits second degree assault on a teacher if he attempts or knowingly causes physical injury to a teacher by means of a deadly weapon or recklessly causes serious physical injury to a teacher. This crime is a class B felony.

A person commits third degree assault on a teacher if he attempts to cause physical injury, negligently causes physical injury by means of a deadly weapon, or purposely places a teacher in apprehension of immediate physical injury. Third degree assault on a teacher is a class A misdemeanor.

This language is modeled on statutes which make it a crime to assault a police officer ( 565.081 to 565.083, RSMo).

MISCELLANEOUS PROVISIONS: A school district may request the Attorney General to assist in defending student appeals of suspensions or expulsions.

School boards shall establish procedures to deal with academic dishonesty and profanity. Such procedures may include discipline and dismissal of students or teachers.

A suspension or expulsion for an act of violence is effective in all public school districts although a school district may choose to admit a student who has been suspended or expelled for such an act. The juvenile officer shall notify the superintendent of the school district where a student is enrolled when a petition is filed alleging that the child has committed an act, which if committed by an adult, would be a class A felony. The juvenile officer shall notify the school district at least five days before the student is to return to school.

Defines the term "domicile of a child" for the purpose of determining state aid.

This act is similar to HCS/SCS/SB 39 from 1995.