Missouri Senate

Perfected

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. (Sections 160.261, 167.115)

CHARTER SCHOOLS: When a charter school has lost its sponsor or has had its charter revoked, rescinded or the charter has otherwise expired, it can contract with the local school district in which it is located to continue its operations. Teachers in schools operating under such a contract will be considered employees of the charter school, and must meet all the licensure and certification requirements to be a public school teacher.

Certain duplicate provisions that are contained in both sections 160.415 and 160.420 are repealed from 160.420 (allowing charter schools to contract with entities for services, to contract with community partnerships and state agencies to provide services, to contract for transportation and to receive state aid for transportation; requiring payment of state and federal resources for students with disabilities to charter schools and requiring a charter school district to provide special services; Prohibitions on a charter school's ability to charge tuition and fees and to acquire property by eminent domain are repealed as are provisions that allow charter schools to incur debt and to accept grants, gifts or donations.) (Sections 160.400, 160.420)

SCHOOL FACILITIES AND SAFETY CRITERIA: By July 1, 2012, 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)

CYBERBULLYING & SCHOOL 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, which is defined by this act. (Section 160.775)

APPROPRIATIONS & WITHHOLDING OF FUNDS BY THE GOVERNOR: For fiscal years 2011 and 2012, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, the Department of Elementary and Secondary Education must not penalize any district undergoing its accreditation review for a failure to meet resource standards. In addition, if the Governor withholds funds for the school funding formula, any school district undergoing accreditation review in the fiscal year following the year in which withholding occurred will not be penalized for failure to meet resource standards.

In fiscal years 2011 and 2012, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, school districts will be excused from compliance with the requirement to spend funds on professional development and fund placement and expenditure requirements. In addition, if the Governor withholds from the school funding formula, school districts will be excused from these requirements in the following fiscal year. (Sections 161.209 & 163.410)

SCHOOL SAFETY AND SCHOOL VIOLENCE PREVENTION FUND: This act establishes the "School Safety and School Violence Prevention Fund." Beginning in fiscal year 2012, subject to appropriations, the General Assembly must appropriate no more than $500,000 each year to the fund. The funding is to be used to create a statewide center to provide training, information and guidance regarding violence prevention in schools. (Section 161.370)

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

FOSTER CARE EDUCATION BILL OF RIGHTS: This act adds charter schools to the "Foster Care Education Bill of Rights." (Section 167.018)

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. All schools, including private or parochial schools must respond to the request. 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 notice of the offense to any school district or private or parochial school to which the student transfers. If the student has been certified as an adult for trial or has committed a certain crime, then the school district much attach notice to the student's disciplinary record. Expungement of school disciplinary records may occur in accordance with current law. Additional reporting offenses include burglary in the second degree, harassment, and stalking. (Sections 167.023, 167.115)

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)

TRANSPORTATION OF STUDENTS: This act allows a student whose travel time by bus to a school in his or her district is more than an hour to enroll in another district's school if it takes one half the time or less to travel to the other school. The state aid generated by the student would be transferred from the school district of residence to the receiving district. The receiving district may provide transportation to the student from a point within its boundaries. (Section 167.128)

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 and other lifesaving methods, 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 exempt from liability when acting in good faith and according to standard medical practices. (Sections 167.621, 167.624, 167.627 & 167.630)

HIGH SCHOOL BRAIN INJURY PREVENTION ACT: This act requires school boards to work with the Missouri State High School Activities Association to develop guidelines and informational forms on the risks of concussion and head injuries. All youth athletes, their parents and school health care volunteers must sign a concussion and head injury information form each year prior to the athletes' beginning practice or competition. Youth athletes who may have received a concussion or head injury during practice or a game cannot play for 24 hours, until they are symptom free, and have received written authorization from a licensed health care provider, who may be a volunteer. Volunteer health care providers cannot receive pay for their evaluation of young athletes and are not subject to civil liability unless gross negligence or willful or wanton misconduct occurs. The guidelines established by MSHSAA and the local school districts also apply to youth athletes participating in city-sponsored sports leagues. (Section 167.750)

TEACHER REMOVAL HEARINGS IN THE ST. LOUIS CITY SCHOOL DISTRICT: This act requires that a hearing to remove a permanent teacher in the St. Louis City School District be conducted by a hearing officer appointed by the school board. The hearing officer must conduct the hearing according to the procedures outlined in chapter 536 for contested cases. The hearing officer must issue a written recommendation to the school board. The board must then issue a decision based on the recommendation and the record from the hearing. (Section 168.221)

VETERANS DAY: This act requires public schools to observe Veterans Day each year with activities and projects for students. (Section 171.054)

BID REQUIREMENTS FOR ST. LOUIS CITY SCHOOL DISTRICT: Current law requires the St. Louis City school district to request bids for supplies and building projects that cost more than $5,000. This act increases that cost threshold to $15,000 before the district must solicit bids. Also, current law allows St. Louis City School Board to use its own employees on building and improvement projects without going through a bidding process if the costs of labor do not exceed $20,000. This act lowers that cost limit to $15,000. Also, upon approval of the school board, the district superintendent or another designated employee may enter directly into contracts of less than $15,000 without public letting, advertising, or bid soliciting. (Sections 177.161, 177.171)

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, 2011. (Section 210.102)

This act contains provisions that are similar to or are also contained in SS/SCS/HCS/HB 1722 (2008), HCS/HB 96 (2009), HB 818 (2009) and HB 944 (2009).

MICHAEL RUFF