HCS HB 636 McLuckie, Steve et al

C O M M I T T E E

HCS HB 636 -- SCHOOL SAFETY

SPONSOR: Morgan

COMMITTEE ACTION: Voted "do pass" by the Committee on Elementary and Secondary Education by a vote of 21 to 1.

This substitute requires public school districts to expel or suspend for at least one year any student who brings a firearm to school or assaults a student or school employee. The chief officers of school districts are permitted to modify these suspensions on a case-by-case basis and school districts are not prohibited from offering alternative education programs to suspended students.

The substitute permits school boards, after conducting a hearing, to suspend any pupil who has been convicted or pled guilty to a felony criminal violation.

The substitute requires school districts to hold a conference involving all interested parties prior to readmitting or enrolling a student who has been suspended for more than 9 days or expelled. School districts are permitted to hold a conference if a student currently suspended or expelled from another school district is attempting to enroll. The conference will review the conduct that led to the suspension or expulsion and any remedial actions taken or needed to address the conduct. The student's parents or guardians are required to attend this conference and are guilty of educational neglect if they fail this obligation.

The substitute requires school districts to maintain student discipline files that must be provided to all school personnel who professionally interact with the student and to any school district in which the student subsequently enrolls. School officials are required to report to the proper law enforcement authorities any criminal acts involving violence or the threat of violence committed on school property.

School districts are required to address specific issues in their discipline policies and to make these policies widely available to district employees and the public.

Juvenile authorities are directed to provide the officials of school districts where offenders are enrolled with relevant orders for remedial actions or treatment plans. Where possible, juvenile authorities and school district officials are directed to jointly develop remedial plans for student offenders. The substitute also requires juvenile authorities to inform school district officials whenever a student is taken into custody for what would be a criminal offense if committed by an adult and to completely describe the details of the student's conduct.

The substitute directs the Department of Elementary and Secondary Education to provide an instructional program that communicates the negative consequences of criminal gang activity to students. Beginning in the 1996-97 school year, all public school districts may administer the program at all grade levels.

FISCAL NOTE: Not available at time of this printing.

PROPONENTS: Supporters say all children have a right to be safe at school and teachers have a professional need to know about students' violent conduct. This bill addresses these issues and gives schools additional tools and guidance in dealing with students who engage in violent or dangerous conduct.

Testifying for the bill were Representative McLuckie; Missouri National Education Association; Missouri Federation of Teachers; Missouri State Teachers Association; and Missouri Coalition of School Administrators.

OPPONENTS: There was no opposition voiced to the committee.

Brian K. Long, Research Analyst