To repeal section 162.680, RSMo 1994, and sections 160.261, 167.161 and 167.171, RSMo Supp. 1995, relating to school safety and disciplinary measures, and to enact in lieu thereof twelve new sections, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 162.680, RSMo 1994, and sections 160.261, 167.161 and 167.171, RSMo Supp. 1995, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 160.261, 162.680, 167.161, 167.171, 1, 2, 3, 4, 5, 6, 7 and 8, to read as follows:

160.261. 1. The local board of education of each school district shall establish a policy of discipline, a written copy of which shall be made available in the office of the superintendent of such district, during normal business hours, for public inspection. All employees of the district shall annually receive instruction related to the specific contents of the policy of discipline and any interpretations necessary to implement the provisions of the policy in the course of their duties, including but not limited to approved methods of dealing with acts of school violence, disciplining students with disabilities and instruction in the necessity and requirements for confidentiality.

2. The policy shall require school administrators to report acts of school violence to teachers and other school district employees with a need to know while acting within the scope of their assigned duties, and shall require school administrators to report to the appropriate law enforcement agency all acts involving violence or the threat of violence committed on school property which would constitute criminal acts if committed by an adult, including but not limited to actions on any school bus in service on behalf of the district. An "act of school violence" means the exertion of physical force by a student with the intent to do serious bodily harm to another while on school property, or involved in school activities, including a school bus in service or in use on behalf of the district. The policy shall require that any portion of a student's individualized education plan that is related to demonstrated or potentially violent behavior shall be provided to any teacher and other school district employees who are directly responsible for the student's education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties. The policy shall also contain the consequences of failure to obey standards of conduct set by the local board of education, and the importance of the standards to the maintenance of an atmosphere where orderly learning is possible and encouraged.

3. The policy shall provide for a suspension for a period of not less than one year for a student who is determined to have brought a weapon to school in violation of district policy, except that:

(1) The superintendent, or in a school district with no high school, the principal of the school which such child attends may modify such suspension on a case-by-case basis; and

(2) This section shall not prevent the school district from providing educational services in an alternative setting to a student suspended under the provisions of this section.

4. For the purpose of this section, the term "weapon" shall mean a "firearm" as defined under 18 U.S.C. 921.

5. All school district personnel responsible for the care and supervision of students are authorized to hold every pupil strictly accountable for any disorderly conduct in school or on any property of the school, on any school bus going to or returning from school, during school-sponsored activities, or during intermission or recess periods.

6. Teachers and other authorized district personnel in public schools responsible for the care, supervision, and discipline of school children, including volunteers selected with reasonable care by the school district, shall not be civilly liable when acting in conformity with the established policy of discipline developed by each board under this section.

7. Each school board shall define in its discipline policy those acts which constitute a serious violation of that policy. Each school district shall, for each student enrolled in the school district, compile and maintain records of any serious violation of the district's discipline policy.

[7.] 8. Spanking, when administered by certificated personnel of a school district in a reasonable manner in accordance with the local board of education's written policy of discipline, is not abuse within the meaning of chapter 210, RSMo. The provisions of sections 210.110 to 210.165, RSMo, notwithstanding, the division of family services shall not have jurisdiction over or investigate any report of alleged child abuse arising out of or related to any spanking administered in a reasonable manner by any certificated school personnel pursuant to a written policy of discipline established by the board of education of the school district. Upon receipt of any reports of child abuse by the division of family services pursuant to sections 210.110 to 210.165, RSMo, which allegedly involves personnel of a school district, the division of family services shall notify the superintendent of schools of the district or, if the person named in the alleged incident is the superintendent of schools, the president of the school board of the school district where the alleged incident occurred. If, after an initial investigation, the superintendent of schools or the president of the school board finds that the report involves an alleged incident of child abuse other than the administration of a spanking by certificated school personnel pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, the superintendent of schools or the president of the school board shall immediately refer the matter back to the division of family services and take no further action. In all matters referred back to the division of family services, the division of family services shall treat the report in the same manner as other reports of alleged child abuse received by the division. If the report pertains to an alleged incident which arose out of or is related to a spanking administered by certificated personnel of a school district pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, a notification of the reported child abuse shall be sent by the superintendent of schools or the president of the school board to the juvenile officer of the county in which the alleged incident occurred and the report shall be jointly investigated by the juvenile officer and the superintendent of schools or, if the subject of the report is the superintendent of schools, by the juvenile officer and the president of the school board or his designee. The investigation shall begin no later than forty-eight hours after notification from the division of family services is received, and shall consist of, but need not be limited to, interviewing and recording statements of the child and his or her parents or guardian within forty-eight hours after the start of the investigation, of the school district personnel allegedly involved in the report, and of any witnesses to the alleged incident. The juvenile officer and the investigating school district personnel shall issue separate reports of their findings and recommendations after the conclusion of the investigation to the school board of the school district within seven days after receiving notice from the division of family services. The reports shall contain a statement of conclusion as to whether the report of alleged child abuse is substantiated or is unsubstantiated. The school board shall consider the separate reports and shall issue its findings and conclusions and the action to be taken, if any, within seven days after receiving the last of the two reports. The findings and conclusions shall be made in substantially the following form:

(1) The report of the alleged child abuse is unsubstantiated. The juvenile officer and the investigating school board personnel agree that the evidence shows that no abuse occurred;

(2) The report of the alleged child abuse is substantiated. The juvenile officer and the investigating school district personnel agree that the evidence is sufficient to support a finding that the alleged incident of child abuse did occur;

(3) The issue involved in the alleged incident of child abuse is unresolved. The juvenile officer and the investigating school personnel are unable to agree on their findings and conclusions on the alleged incident.

[8.] 9. The findings and conclusions of the school board shall be sent to the division of family services. If the findings and conclusions of the school board are that the report of the alleged child abuse is unsubstantiated, the investigation shall be terminated, the case closed, and no record shall be entered in the division of family services central registry. If the findings and conclusions of the school board are that the report of the alleged child abuse is substantiated, the division of family services shall report the incident to the prosecuting attorney of the appropriate county along with the findings and conclusions of the school district and shall include the information in the division's central registry. If the findings and conclusions of the school board are that the issue involved in the alleged incident of child abuse is unresolved, the division of family services shall report the incident to the prosecuting attorney of the appropriate county along with the findings and conclusions of the school board, however, the incident and the names of the parties allegedly involved shall not be entered into the central registry of the division of family services unless and until the alleged child abuse is substantiated by a court of competent jurisdiction.

[9.] 10. Any superintendent of schools, president of a school board or his designee, or juvenile officer who knowingly falsifies any report of any matter pursuant to this section or who knowingly withholds any information relative to any investigation or report pursuant to this section is guilty of a class A misdemeanor.

162.680. 1. No child may be denied services provided by sections 162.670 to 162.995 because of his handicapping condition.

2. To the maximum extent appropriate, handicapped and severely handicapped children shall be educated along with children who do not have handicaps and shall attend regular classes, except that in the case of a disability resulting in violent behavior which causes a substantial likelihood of injury to the student or others, the school district shall initiate procedures consistent with state and federal law to remove the child to a more appropriate placement. Impediments to learning and to the normal functioning of such children in the regular school environment shall be overcome whenever practicable by the provision of special aids and services rather than by separate schooling for the handicapped.

167.161. 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 161.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to himself or others, as evidenced by the prior conduct of such pupil. At the hearing, upon any such removal, suspension, or expulsion, the board shall consider the evidence and statements that the parties present and may consider prior records or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct [thereof] of such hearings.

2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.

167.171. 1. The school board in any district, by general rule and for the causes provided in section 167.161, may authorize the summary suspension of pupils by principals of schools for a period not to exceed ten school days and by the superintendent of schools for a period not to exceed one hundred and eighty school days. In case of a suspension by the superintendent for more than ten school days, the pupil or his parents or others having his custodial care may appeal the decision of the superintendent to the board or to a committee of board members appointed by the president of the board which shall have full authority to act in lieu of the board. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to it a full report in writing of the facts relating to the suspension, the action taken by him and the reasons therefor and the board, upon request, shall grant a hearing to the appealing party to be conducted as provided in section 167.161.

2. No pupil shall be suspended unless:

(1) The pupil shall be given oral or written notice of the charges against him; and

(2) If the pupil denies the charges, he shall be given an oral or written explanation of the facts which form the basis of the proposed suspension; and

(3) The pupil shall be given an opportunity to present his version of the incident; and

(4) In the event of a suspension for more than ten school days, where the pupil gives notice that he wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, or of the district superintendent, in a metropolitan school district, the pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.

3. No school board shall readmit or enroll a student properly suspended for ten or more consecutive school days for an act of school violence as defined in subsection 2 of section 160.261 or expelled pursuant to this section or section 167.161 or otherwise permit such student to attend school without first holding a conference to review the conduct that resulted in the expulsion or suspension and any remedial actions needed to prevent any future occurrences of such or related conduct. The conference shall include the appropriate school officials including any teacher employed in that district directly involved with the conduct that resulted in the suspension or expulsion, the student, the parent or guardian of the student, the juvenile officer, or any agency having care, custody or control of the child. The school board shall notify the parents or guardians and all other parties in writing of the time, place, and agenda of any such conference. Failure of any party to attend this conference shall not preclude holding the conference.

Section 1. When requested by a school district, the attorney general, or one of his assistants, shall aid in the defense of any actions brought by a pupil, his parents or others having his custodial care, to appeal a decision by the school board of that district to suspend or expel such pupil.

Section 2. 1. The board of each school district shall establish a written policy on academic dishonesty. The policy may require that the parent or guardian of a pupil be notified of any incident of academic dishonesty involving the pupil and may provide for other disciplinary measures related to academic dishonesty.

2. The school board of any school district may adopt a policy regarding the use of profane language in school by students and teachers. The policy may provide for discipline of students who use profane language, including suspension not to exceed ten days, and the policy may provide for discipline or dismissal for teachers who use profane language or who allow students to use profane language in violation of the policy.

Section 3. 1. As used in this section, the term "homeless child" shall mean a person less than twenty-one years of age who lacks a fixed, regular and adequate nighttime residence, including a child who:

(1) Is living on the street, in a car, tent, abandoned building or some other form of shelter not designed as a permanent home;

(2) Is living in a community shelter facility;

(3) Is living in transitional housing for less than one full year.

2. In order to register a pupil, the parent or legal guardian of the pupil or the pupil himself shall provide, at the time of registration, one of the following:

(1) Proof of residency in the district. Except as otherwise provided in section 167.151, the term "residency" shall mean that a person both physically resides within a school district and is domiciled within that district. The domicile of a minor child shall be the domicile of a parent or court-appointed legal guardian;

(2) Proof that the parent or guardian has requested a waiver under subsection 3 of this section within the last forty-five days. In instances where there is reason to suspect that admission of the pupil will create an immediate danger to the safety of other pupils and employees of the district, the superintendent or the superintendent's designee may convene a hearing within seventy-two hours of the request to register and determine whether or not the pupil may register;

(3) Proof of status as parent or court-appointed legal guardian.

3. Any person subject to the requirements of subsection 2 of this section may request a waiver of any of those requirements from the district board on the basis of hardship or good cause. Under no circumstances shall athletic ability be a valid basis of hardship or good cause for the issuance of a waiver of the requirements of subsection 2 of this section. The district board shall convene a hearing as soon as possible, but no later than forty-five days after receipt of the waiver request made under this subsection or the waiver request shall be granted. The district board may grant the request for a waiver of any requirement of subsection 2 of this section. The district board may also reject the request for a waiver in which case the pupil shall not be allowed to register. Any person aggrieved by a decision of a district board on a request for a waiver under this subsection may appeal such decision to the circuit court in the county where the school district is located.

4. Any person who knowingly submits false information to satisfy any requirement of subsection 2 of this section shall be guilty of a class A misdemeanor.

5. In addition to any other penalties authorized by law, a district board may file a civil action to recover, from the parent or legal guardian of the pupil, the costs of school attendance for any pupil who was enrolled at a school in the district and whose parent or legal guardian filed false information to satisfy any requirement of subsection 2 of this section.

6. Subsection 2 of this section shall not apply to a pupil who is a homeless child or a pupil attending a school not in the pupil's district of residence as a participant in an interdistrict transfer program established under a court-ordered desegregation program or a pupil who is a ward of the state and has been placed in a residential care facility by state officials, or a pupil who has been placed in a residential care facility due to a mental illness or developmental disability.

7. Within forty-eight hours of enrolling a student pursuant to this section, the school official enrolling a student, including any special education student, shall request all academic records and those discipline records required by subsection 7 of section 160.261, RSMo, from all schools previously attended by the student within the last twelve months. Any school district that receives a request for academic records and such discipline records from another school district enrolling a student that had previously attended a school in such district shall respond to such request within seven days of receiving the request. The department of elementary and secondary education shall establish rules to ensure the enforcement of the provisions of this subsection.

8. Any suspension or expulsion related to an act of violence as defined in subsection 2 of section 160.261, RSMo, shall be effective in all public school districts in this state; except that a school district, at the school district's discretion, may enroll a student who has been suspended or expelled.

Section 4. 1. The "domicile of a child" shall be the place of residence of his parents or legal guardian. No provision of this section or of sections 3, 5, 160.261, 162.680, 167.161, or 167.171, RSMo, shall be construed to deny any child domiciled in Missouri appropriate and necessary gratuitous public services. As used in this section, the terms "child" and "children" shall refer to any children other than handicapped children or severely handicapped children, as defined under section 162.675, RSMo.

2. For the purpose of distributing state aid under section 163.031, RSMo, a child receiving educational services provided by the district in which the child actually resides, other than the district of domicile, shall be included as an "eligible pupil", as defined under section 163.011, RSMo, of the district providing the educational services for the child.

Section 5. 1. Notwithstanding any provision of chapter 211, RSMo, or chapter 610, RSMo, the juvenile officer shall, as soon as practicable, notify the superintendent of the school district, or his designee, of which a juvenile is enrolled when a petition is filed pursuant to section 211.091, RSMo, alleging that the juvenile has committed an act, which if committed by an adult would be one of the following: first degree murder under section 565.020, RSMo, second degree murder under section 565.021, RSMo, kidnapping under section 565.110, RSMo, first degree assault under section 565.050, RSMo, forcible rape under section 566.030, RSMo, forcible sodomy under section 566.060, RSMo, robbery in the first degree under section 569.020, RSMo, or arson in the first degree under section 569.040, RSMo.

2. The juvenile office shall notify the school district orally and in writing prior to the time when the juvenile is to return to school or within five days, whichever first occurs, excluding Saturdays, Sundays, and legal holidays. Such notification shall include a complete description of the offense, but shall not include the identity of the victim. Any information received by school district officials pursuant to this section shall be received in confidence and used for the limited purpose of assuring that good order and discipline is maintained in the school. This information shall not be used as a basis for not providing educational services to a juvenile.

Section 6. 1. A person commits the crime of assault of a teacher in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to a teacher.

2. Assault of a teacher in the first degree is a class A felony.

Section 7. 1. A person commits the crime of assault of a teacher in the second degree if he:

(1) Attempts to cause or knowingly causes physical injury to a teacher by means of a deadly weapon or dangerous instrument;

(2) Recklessly causes serious physical injury to a teacher; or

(3) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a teacher.

2. Assault of a teacher in the second degree is a class B felony.

Section 8. 1. A person commits the crime of assault of a teacher in the third degree if:

(1) He attempts to cause or recklessly causes physical injury to a teacher;

(2) With criminal negligence he causes physical injury to a teacher by means of a deadly weapon;

(3) He purposely places a teacher in apprehension of immediate physical injury;

(4) He recklessly engages in conduct which creates a grave risk of death or serious physical injury to a teacher; or

(5) He knowingly causes or attempts to cause physical contact with a teacher without the consent of the teacher.

2. Assault of a teacher in the third degree is a class A misdemeanor.