HB 469 Modifies provisions regarding school safety and liability for school personnel

     Handler: Crowell

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 469 - This act modifies provisions regarding school employee liability, safety practices, and reporting acts of violence.

Currently, school discipline policies must require school administrators to 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. 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 consent of the superintendent. The act expands employee immunity from correctly following discipline policies to all policies. The act adds the use of force to protect persons or property to the provisions regarding spanking.

The act requires that the state board of education add to any school facilities and safety criteria developed for the Missouri school improvement program provisions that suggest drills required under to the standard for safe facilities occur at least annually and all staff must receive sufficient training on the security and crisis management plan.

District school boards may authorize and commission school officers to enforce laws relating to crimes committed on school premises, at school activities and on school buses operating within the school district upon the execution of a memorandum of understanding with each municipal and county law enforcement agency which has law enforcement jurisdiction over the school premises and location of school activities. Such officers must be licensed law enforcement officers. The officers are not granted statewide arrest authority. Any crime involving a sexual offense or a felony involving the threat or use of force remains under the jurisdiction of the local police. School officers may conduct any justified stop on school property and enforce any local violation that occurs on school grounds. The officers have the authority to stop, detain and arrest for crimes committed on school property, at school activities and on school buses.

The act replaces, in the residency provisions, the definition of "homeless children" with the federal definition. A person other than a legal guardian may request a residency review. Further, the act clarifies which educational records are needed. The act requires a notice of reportable offenses to be attached to an offending student's record and transcript.

Currently, only the St. Louis City school district may require pupils to wear a school uniform. This act provides that any public school district may require students to wear a school uniform or restrict student dress to a particular style.

The state board of education is required to promulgate selection priority criteria that gives preference to school districts applying for grants to provide alternative educational opportunities to disruptive students if the application provides a regional approach to school safety, provides regular coordination between education, social service and law enforcement personnel, or uses recognized safe school methods. The board shall evaluate the applications for preventative approaches and ensure that grants are awarded to districts that are not in crisis mode.

The act exempts unqualified employees who refuse to administer medication or medical services from disciplinary action for their refusal. Qualified employees are exempted from liability for administering medication or medical services, including cardiopulmonary resuscitation, in good faith and according to standard medical practices. The act adds chronic health conditions to the types of conditions in which a student may self-administration medication. The act adds employees trained and supervised by the school nurse to the list of individuals who are authorized to use an epinephrine auto-syringe on a student.

The act specifies that an employee background check and fingerprint record is good for one year and transferable from district to district.

The Missouri Children's Services Commission is required to recommend best practices on interagency communications regarding students receiving state services by July 1, 2008. The act disallows the use of guardianship to circumvent school residency requirements.

This act is similar to SB 399 (2007).

MICHAEL RUFF


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