HB 408
Creates and modifies provisions relating to safe school environments and establishes the "Missouri Educators and Parental Empowerment and Rights Act"
Sponsor:
LR Number:
1294H.03P
Committee:
Last Action:
4/10/2025 - Second Read and Referred S Education Committee
Journal Page:
Title:
HCS HBs 408, 306 & 854
Effective Date:
August 28, 2025
House Handler:

Current Bill Summary

HCS/HBs 408, 306 & 854 - This act creates and modifies provisions relating to safe school environments.

SCHOOL SAFETY INCIDENT REPORTS (Section 160.664)

This act requires local educational agencies (LEAs) to report to the Department of Elementary and Secondary Education (DESE) all school safety incidents and credible school safety threats that occur at each attendance center of the LEA, including all actual incidents or credible threats of school shootings or other incidents or threats involving a firearm, explosive, knife, or other weapon, as provided in the act. DESE shall require LEAs to report acts of school violence or violent behavior, as such terms are defined in current law, or crimes required to be reported to law enforcement under current law.

DESE shall establish procedures for LEAs to follow when reporting a school safety incident or credible threat. These procedures shall include, but shall not be limited to, criteria to assist LEAs in determining what constitutes a school safety incident or credible threat that is required to be reported; a time frame within which such incident or threat shall be reported; and any other information required by DESE.

DESE shall maintain and regularly update a database of all school safety incidents and credible school safety threats that are reported pursuant to the provisions of the act. No record in the database shall contain personally identifiable information of a student. A record in the database shall contain only aggregate data by charter school, school district, or attendance center thereof and shall be a public record. DESE shall share data relating to school safety incidents and credible school safety threats with the Department of Public Safety to facilitate additional investigation efforts.

This provision is similar to HB 1074 (2025) and a provision in CCS/HCS/SS/SCS/SB 68 (2025).

ANTIBULLYING POLICIES (Section 160.775)

The act adds charter schools to provisions of law requiring public schools to adopt antibullying policies. An antibullying policy shall include a statement that the school district or charter school shall take into account whether a student's act of school violence or violent behavior, as such terms are defined in current law, was committed in self-defense when determining disciplinary action.

Currently, employees who witness an incident of bullying are required to report the incident within two days. This act lowers the report requirement to one day. Reports of bullying incidents received by school principals shall be reduced to writing within two school days of receiving such reports. An investigation shall be completed within 10 school days from the date of the initiation of the investigation, rather than 10 school days of the written report. The act further requires a written report of the results of the investigation to be prepared. This report shall include, but is not limited to, a description of any interventions, initiatives, techniques, or discipline provided to all individuals involved in the incident.

The policy shall also include a procedure for responding to an investigation that finds an act of bullying occurred. At a minimum, the procedure shall require notification of the parents of the bullied student and the bullying student and, if the bullying constitutes harassment in the second degree under current law, referral to law enforcement agencies or, if the bullying student is under 11 years of age, the Children's Division of the Department of Social Services.

Additionally, the policy shall provide information about training on the appropriate interventions staff may take and the associated liability for action or inaction.

Students committing acts of bullying are added to the educational training and prevention initiatives currently provided to certain school personnel and students who are victims of bullying.

The administration of each school district and charter school shall report all incidents of bullying, school violence, violent behavior, and certain crimes to the school board or governing board on a monthly basis, detailing the discipline imposed on students involved in such incidents. The school board or governing board shall review these reports in a closed meeting and resolve any discrepancies within 30 days, addressing any concerns raised during the review.

Employees or volunteers of a school district or charter school are authorized to intervene in bullying, violence, or criminal incidents to protect students. Employees or volunteers shall be immune from liability if they follow proper procedures or act in good faith, reasonably believing they are justified in their actions.

School districts, charter schools, or employees thereof shall not be civilly liable for disciplining a student for bullying if done in good faith. If the district, charter school, or employee prevails in a legal action, they may recover court costs and attorney's fees.

The act does not grant immunity for the denial of constitutionally protected rights of students and does not limit other immunities available under state or federal law. Incidents of bullying, school violence, or crime may be considered child abuse for reporting purposes. If multiple employees or volunteers are aware of such abuse, a single report may be made by the designated reporter, and failure to report by the designated individual shall be immediately addressed. Further, the act prohibits charter schools from expelling or transferring a student solely based on bullying reports.

This provision is identical to a provision in HCS/SB 189 (2025) and is similar to HB 351 (2025), HB 1074 (2025), HB 655 (2025), and HCS/HBs 1715 & 2630 (2024).

MISSOURI EDUCATORS AND PARENTAL EMPOWERMENT AND RIGHTS ACT (Sections 160.1052 to 160.1055)

The act establishes the "Missouri Educators and Parental Empowerment and Rights Act" to foster and maintain collaboration between parents and teachers.

The "Parents' Bill of Rights" provides that parents shall have the right to receive information about their minor child’s education, including curricula, upon request; the right to review curricula without a nondisclosure agreement; the right to know who is teaching their child, including guest lecturers and outside presenters; the right to receive information about individuals and organizations receiving contracts and funding in the LEA, excluding personally identifiable student information; the right to visit the school during school hours following reasonable regulations; the right to access school records, including medical records, in accordance with state and federal law; the right to be informed about the collection and transmission of their child’s data to entities outside the LEA; the right to an LEA governing board that is transparent, open, and accountable; the right to be informed of situations affecting their child’s safety in school; the right to authorize their child’s participation in field trips; and the right to ensure their child is not coerced by an LEA employee into withholding information from the parent, except in cases where such withholding is necessary to prevent abuse or neglect. (Section 160.1053)

The act establishes the "Educators' Bill of Rights" outlining the rights of teachers to foster and maintain collaboration with parents. These rights include the right to be free from physical abuse by a student, with such abuse potentially leading to the student's suspension or expulsion; the right to be free from physical abuse by a parent and to be protected from threats of harm, with consequences including the prohibition of the perpetrator’s presence on school property and legal action; the right to be evaluated for competency by an administrator and to request a peer mentor for observation and coaching; the right to exercise freedom of speech, religion, and expression as guaranteed by the U.S. Constitution; the right to be treated with civility and respect as a professional; the right to regularly scheduled preparation time during contract hours; the right to be covered by official immunity and LEA insurance for work-related duties; the right to implement a discipline plan in the classroom and provide professional input on student discipline; the right to be recognized as a professional with all associated rights, responsibilities, and privileges; the right to teach in a safe and secure environment, with the ability to report concerns regarding safety and security; the right to intervene for the protection of students in incidents of school violence, with legal defenses available for such interventions; and for beginning teachers, the right to receive leadership and support through beginning teacher assistance programs as mandated by state law. (Section 160.1054)

LEAs are required to develop policies and procedures that help parents and teachers exercise their rights under the Missouri Educators and Parental Empowerment and Rights Act. Each LEA’s governing board shall affirm its commitment to accountability and transparency by adopting policies that recognize and support parents' rights to guide their child's education, encourage communication between parents and the LEA, and collaborate with parents to clearly communicate ways to exercise their rights. Additionally, each LEA shall notify parents in a timely manner if their child is involved in a safety incident in which a school employee is charged with a crime. The LEA shall also provide prompt notification to parents of any serious disciplinary incidents involving their child and offer a meeting or conference to discuss the behavior and outline corrective steps.

Each LEA shall adopt reasonable procedures for parents to follow when visiting their minor child during school hours and during emergencies, such as lockdowns or lockouts, and when the LEA is required to prohibit an individual from interacting with a minor child due to legal restrictions.

Teachers, school administrators, parents, and students shall be fully informed of the rights conferred upon parents and teachers, with each LEA providing a physical or electronic copy to each parent, teacher, and student at the beginning of each school year. Each LEA shall post these rights on its website or provide a printed copy if no website exists.

Each LEA shall adopt, enforce, publicly post, and annually review a code of student conduct that promotes safe, respectful, and orderly learning environments, reinforces teacher authority in maintaining classroom discipline, and enhances parental involvement in student behavioral issues. The code of conduct shall be adopted for the 2026-27 school year and subsequent years, and DESE may offer guidance and technical assistance to LEAs to ensure compliance. The code of conduct shall reinforce respect for teachers, administrators, and staff, emphasize personal responsibility, include measures to address and correct disruptive behavior promptly, outline graduated consequences for misconduct, require parental notification and involvement in significant disciplinary actions, and prohibit discriminatory policies based on race.

Each LEA may, with its governing board's approval, incorporate evidence-based training for teachers and counselors on strategies to guide students toward personal resilience, such as encouraging responsibility, self-management, conflict resolution, and appropriate responses to authority. The strategies shall not focus on race, gender, or similar classifications but shall emphasize universal community standards. LEAs shall ensure that teachers and staff are trained to maintain order, encourage compliance, foster civility, and promote personal responsibility. LEAs shall also facilitate parental engagement through regular communication, opportunities for parents to review the policy handbook, and resources that support ethical responsibility and community standards at home.

Each LEA's governing board shall adopt the required policies and procedures for the 2026-27 school year and all subsequent years. No LEA shall establish policies that prevent a parent or teacher from exercising the rights listed in the act or any other provision of law. Additionally, no provision of this act shall supersede any federal or state law or regulation; nor shall any provision of the act supersede any LEA's order, ordinance, or policy relating to student discipline. (Section 160.1055)

These provisions are identical to HCS/HB 1287 (2025).

ELECTRONIC PERSONAL COMMUNICATIONS DEVICES (Section 162.207)

Beginning in the 2026-27 school year, each school district and charter school shall adopt a written policy regarding students' possession or use of electronic personal communication devices. Such a policy shall be designed to promote students' educational interests and ensure a safe, effective working environment for staff and volunteers. The act defines an "electronic personal communications device" as a portal device that is used to initiate, receive, store, or view communication, information, images, or data electronically.

At a minimum, the policy shall prohibit students from using or displaying these devices during instructional time, define instructional time, outline disciplinary procedures for violations, and include exceptions for students who need devices due to specific educational or health needs, such as individualized education plans or 504 plans under federal law. The policy may prohibit students from using devices during breaks from instructional time, such as time between classes and on field trips. Exceptions may allow device use in emergencies or for authorized educational purposes. The policy shall be published upon demand, and school employees or volunteers shall be immune from liability if they act in good faith and follow the policy's disciplinary procedures.

This provision shall expire on August 28, 2032.

This provision is similar to SB 640 (2025), HB 2889 (2024), and provisions in CCS/HCS/SS/SCS/SB 68 (2025) and HB 416 (2025).

ZERO-TOLERANCE DISCIPLINARY POLICIES (Section 167.167)

This act requires school districts to prohibit, in name and practice, any zero-tolerance disciplinary policy that results in an automatic consequence against a pupil without the discretion to modify such disciplinary consequence on a case-by-case basis.

This provision is identical to HB 454 (2025) and provisions in CCS/HCS/SS/SCS/SB 68 (2025), SCS/HB 232 (2025), SCS/HCS/HB 607 (2025), and HCS/HB 712 (2025).

OLIVIA SHANNON

Amendments

No Amendments Found.