SCS/HS/HCS/HSs 1301 and 1298 - This act makes numerous changes pertaining to school discipline and school safety.

SCHOOL DISCIPLINE POLICY - School discipline policies shall include the district's determination on the use of corporal punishment and procedures for corporal punishment. Parents may determine that corporal punishment is not in the best interest of their child and may select other discipline alternatives. Each employee shall receive annual instruction on the aspects of the discipline policy relevant to the employee's job.

The act defines "acts of school violence". Acts of school violence shall be reported by school administrators to teachers and other employees with a need to know of such acts. School administrators shall report, to law enforcement agencies, certain felony acts and acts which would constitute felonies if committed by an adult, on school property. Any portion of a disabled student's Individualized Education Program (IEP) which indicates violent behavior shall be provided to school employees responsible for the student's education.

The policy shall provide, with exceptions, for a one-year suspension or expulsion for any student determined to have brought a weapon to school in violation of the policy. The discipline policy shall define the term "weapon" and such definition shall include, at a minimum, those items specified, in the act, to be weapons. A school district may allow unloaded Civil War weapons on school property for educational purposes. The policy shall define those acts of violence which constitute a serious violation of the discipline policy. Schools shall compile, for each student, a record of all serious violations of the policy.

A school district may place certain students with disabilities, who are likely to cause injury to themselves or others, in a more restrictive environment, consistent with federal law. A school board is authorized to immediately remove a pupil upon a finding by a principal, superintendent, or the board itself that such pupil poses a threat of harm to himself or others, based upon the child's prior conduct, provided that the school board makes a good faith effort to have the pupil's parent or guardian at the hearing on such removal, suspension or expulsion.

CHILD REGISTERING AT NEW SCHOOL: Defines the term "homeless child" as a child less than twenty-one years of age who does not have a regular residence.

A parent or guardian must present one of the following to register a student: 1) proof of residency in the district; or 2) proof that the parent or guardian has requested a waiver from the residency requirement. The registration requirements shall not apply to disabled students who are in the district for reasons other than educational programs. A waiver will be granted on the basis of hardship or good cause. If the request for a waiver is rejected by the district board, the applicant may appeal the decision to the circuit court. A parent or guardian filing false information is subject to both civil and criminal penalties. Certain children, including homeless children, children participating in a desegregation program, and wards of the state, shall be exempt from the residency or waiver requirement.

The school at which the student registers shall, within five working days, request all academic and disciplinary records from schools the student previously attended within the last twelve months. A school receiving such a request shall send such information within 7 days. No personally identifiable student records shall be made available to any person not employed by the school district or another school district or to any other governmental entity without the prior, written permission of the parent or guardian or the pupil, if over eighteen years of age.

STATEWIDE SUSPENSIONS No school board is permitted to readmit or enroll a student who has been suspended or expelled without first holding a conference to review the student's conduct. Suspensions and expulsions shall be effective statewide, except that a school district may enroll a pupil who has been expelled or suspended.

Any student convicted of or for whom a petition, indictment or information is filed alleging the commission of: (1) first degree murder, (2) second degree murder, (3) kidnapping, (4) first degree assault, (5) forcible rape, (6) forcible sodomy, (7) robbery in the 1st degree, (8) distribution of drugs, (9) arson in the 1st degree, or (10) possession of a weapon, plus weapons possession or drug distribution, shall not be permitted to enroll in any school district in the state, unless the pupil is acquitted or adjudicated not to have committed any such act. This restriction shall only apply to a disabled student if the criminal act is unrelated to the student's disability.

DRUG DISTRIBUTION NEAR SCHOOLS The applicable area where the offense of "distribution of a controlled substance near schools" may occur is expanded from a one thousand foot radius to a two thousand foot radius around a school and is also expanded to include school buses.

INFORMATION REPORTING REQUIREMENTS: The reporting requirements for juvenile officers and school officials are as follows: (1) The juvenile officer must notify the superintendent of the school district when a petition is filed alleging that the juvenile has committed any of the felonies specified in the act. The notice must be made orally and in writing prior to the return of the student to school or within five days, whichever is shorter. The notice must include a complete description of the alleged conduct, the dates the conduct occurred, and cannot include the name of any victim; (2) If any person allegedly commits an assault in the first, second or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, the principal must immediately report the incident to the police and the school superintendent; (3) When a pupil possesses controlled substances or weapons, the principal must immediately report the incident to the police and the superintendent; and (4) When a teacher is aware of an assault, or of a student in possession of a weapon or unlawful drugs, the teacher must immediately report the incident to the principal.

Also, school employees or officials who report these incidents are not held civilly liable. A school official who willfully fails to comply with reporting requirements is subject to a Class A misdemeanor.

ALTERNATIVE EDUCATION The Department of Elementary and Secondary Education is directed to award grants to school districts and area vocational schools for alternative education programs for pupils who cannot be adequately served in the traditional classroom setting. Districts are encouraged to submit joint applications. Alternative education programs may include new or expanded Latch Key programs and other after school hours programs and new or expanded summer recreational programs at a school.

Rules established by the Department concerning alternative education shall not require a district to establish or expand an alternative education program.

The Division of Youth Services may establish alternative education programs, by contract and such contract may include public agencies, nonprofit organizations and accredited private schools. A school district may contract with political subdivisions, public agencies, nonprofit organizations and private agencies to provide alternative education programs.

SCHOOL VIOLENCE EDUCATIONAL PROGRAMS The Department of Elementary and Secondary Education shall implement programs of educational instruction regarding violence prevention and an instructional program that communicates the negative consequences of criminal gang activity to students. Beginning in the 1998-99 school year, all public school districts may administer the program at all grade levels.

RESPONSIBILITY TO EDUCATE SUSPENDED AND EXPELLED PUPILS Suspension or expulsion of a pupil pursuant to this act shall not relieve the parent or guardian of responsibility for education of the pupil. School districts shall exhaust all other disciplinary options prior to suspending a pupil and shall ensure that suspended pupils continue educational activities which advance the pupil toward graduation.

EXPUNGEMENT OF RECORDS The State Board of Education shall adopt a policy relating to expungement of disciplinary records of pupils, and school boards may adopt policies consistent with the state policy, provided that records relating to the felonies specified in the act may not be expunged.

DRESS CODES IN CERTAIN DISTRICTS A school district in a city not within a county (St. Louis City) shall determine whether a dress code policy requiring pupils to wear a school uniform is appropriate at schools in the district and shall adopt a dress code policy it is determined appropriate.

FALSE BOMB THREATS The act increases the penalty for making a false bomb report from a Class A misdemeanor to a Class D felony. The Department of Public Safety shall promulgate rules to require that a person convicted of making a false bomb report register with the police. A person who fails to register is guilty of a Class A misdemeanor.

INSTITUTIONAL VANDALISM Vehicles owned or leased by a school district or private school are added to the property protected against the crime of institutional vandalism.

ASSAULT ON SCHOOL PROPERTY The act establishes the crime of "assault while on school property". A person commits the crime of assault while on school property if the person: (1) Knowingly causes physical injury to another person; or (2) With criminal negligence, causes physical injury to another person by means of a deadly weapon; or (3) Recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; and the act occurred on school or school district property, or in a vehicle that at the time of the act was in the service of a school or school district, or arose as a result of a school or school district sponsored activity.

Assault while on school property is a class D felony.

GRADUATION RATE, DROPOUT RATE AND SAFETY/ LIMITED SCHOOL CHOICE Schools shall annually report graduation rate, drop out rate and information on incidents of school violence to the Department. The Department shall establish standards for graduation rate, drop out rate and school safety and determine if schools comply. A parent may choose to send child to another public school in any district in that county or an adjoining county if the assigned school is not in compliance with the standards. The district of residence shall pay any required tuition and shall provide transportation.

This act contains penalty provisions.

SB 615 and SB 882 contain many similar provisions.
OTTO FAJEN

SA 1 - TECHNICAL RE: CRIME OF INSTITUTIONAL VANDALISM. SA 2 - JUVENILE AND FAMILY COURTS MAY BE GIVEN STUDENT RECORDS WITHOUT PRIOR WRITTEN PERMISSION. SA 3 - JUVENILE OFFICER REQUIRED TO GIVE NOTICE TO SCHOOLS ON FILING OF PETITIONS, BUT NOT INDICTMENTS OR INFORMATIONS. NOTICE REQUIRED WITHIN FIVE DAYS OF FILING A PETITION. SA 4 - EXPUNGEMENT OF RECORDS REGARDING CERTAIN OFFENSES SHALL BE PERMITTED IF THE PETITION REGARDING THE ACT IS DISMISSED OR THE PUPIL IS FOUND NOT TO HAVE COMMITTED THE ACT. SA 5 - EACH SCHOOL DISTRICT SHALL VOTE EVERY TWO YEARS ON WHETHER TO ESTABLISH A PROGRAM TO TRAIN STUDENTS TO ADMINISTER CARDIOPULMONARY RESUSCITATION (CPR). SA 6 - A SCHOOL DISTRICT SHALL HOLD A CONFERENCE ON ADMITTING A PUPIL CURRENTLY SUSPENDED OR EXPELLED FROM ANOTHER DISTRICT. IF THE RECEIVING DISTRICT FINDS THAT CONDUCT WOULD ALSO HAVE RESULTED IN A SUSPENSION OR EXPULSION IN THE RECEIVING DISTRICT, THEN THE RECEIVING DISTRICT MAY MAKE THE SUSPENSION EFFECTIVE. IF THE RECEIVING DISTRICT FINDS THAT THE CONDUCT WOULD NOT HAVE RESULTED IN A SUSPENSION OR EXPULSION, THEN THE RECEIVING DISTRICT SHALL NOT MAKE THE SUSPENSION OR EXPULSION EFFECITVE, AND SSA 1/SA 7 - REMOVES AUTHORITY TO SEEK ATTORNEY FEES AND LITIGATION COSTS WHEN SEEKING DAMAGES FOR STUDENT RECORDS ACCESS VIOLATIONS. SA 11 - REMOVES AUTHORITY FOR STATE BOARD OF EDUCATION TO PROMULGATE RULES REGARDING ALTERNATIVE EDUCATION PROGRAMS. SA 12 - REMOVES REQUIREMENT FOR SCHOOLS TO REPORT THE NAMES AND ADDRESSES OF STUDENTS WHO DID NOT PARTICIPATE IN ALTERNATIVE EDUCATION DUE TO LACK OF AN ALTERNATIVE EDUCATION PROGRAM OR INSUFFICIENT SPACE. SA 13 - REMOVES KIDNAPPING, DISTRIBUTION OF DRUGS AND POSSESSION OF A WEAPON FROM THE LIST OF CRIMES WHICH WILL PERMANENTLY PREVENT A PUPIL FROM BEING REENROLLED. SA 14 - ADDS PROVISION SIMILAR TO HB 833 WHICH ALLOWS SCHOOL BOARDS TO PERMIT PUPILS TO SELF-ADMINISTER BY A METERED DOSE INHALER FOR TREATMENT OF ASTHMA OR OTHER POTENTIALLY LIFE- THREATENING RESPIRATORY ILLNESS. SA 15 - REQUIRES SCHOOLS TO GIVE PARENT OR GUARDIAN NOTICE AND AT LEAST THREE WORKING DAYS TO VIEW ANY STUDENT RECORDS TO BE PROVIDED TO ANY PERSON. SA 16 - ADDS PROVISIONS SIMILAR TO SB 929 REGARDING POSSESSION OF EPHEDRINE OR ITS DERIVATIVES. THE CRIMINAL PENALTY IS INCREASED TO A CLASS D FELONY. SA 17 - STUDENT RECORDS MAY BE PROVIDED WITHOUT PRIOR WRITTEN PERMISSION AS REQUIRED FOR COMPLIANCE WITH FEDERAL LAW OR REGULATION. VIOLATION OF A REQUIREMENT REGARDING ACCESS TO STUDENT RECORDS IS LOWERED TO A CLASS B MISDEMEANOR. SSA 1/SA 18 - REMOVES THE PORTION OF SECTION 9 OF THE ACT REQUIRING DESE TO ESTABLISH STANDARDS FOR GRADUATION RATE, DROP- OUT RATE AND SCHOOL SAFETY AND ALSO REMOVES THE LIMITED PUBLIC SCHOOL CHOICE FOR STUDENTS IN SCHOOLS NOT MEETING THOSE STANDARDS. SA 19 - ADDS REQUIREMENT THAT SCHOOLS KEEP RECORDS ON VIOLATIONS OF SCHOOL DISCIPLINE POLICY BY TEACHERS, AND SUCH RECORDS SHALL BE PROVIDED UPON REQUEST TO ANY OTHER SCHOOL DISTRICT LATER EMPLOYING THE TEACHER. SA 20 - THE COURT MAY ORDER A CHILD, ADJUDICATED FOR A NON VIOLENT OFFENSE AND ORDERED TO MAKE RESTITUION, TO WORK FOR A PRIVATE EMPLOYER. ADDS PROVISIONS SIMILAR TO SB 970. SA 21 - ADDS THE PROVISIONS OF HB 1885 AUTHORIZING THE STATE BOARD OF EDUCATION TO GRANT WAIVERS OF ADMINISTRATIVE RULES AND POLICIES UPON REQUEST BY A DISTRICT OR DISTRICTS. SA 22 - TWO SECTIONS FROM CCS/HB 895 & 986 ARE REVISED. SECTION 1, ON SOLAR VEHICLE LICENSE PLATES, IS REPEALED. SECTION 302.272 ALLOWS SCHOOL BUS DRIVERS TO BE OVER AGE 70 WITH ANNUAL EXAMINATIONS, BUT LOWERS THE FEE BACK TO $3, REMOVES THE AUTHORITY FOR FBI RECORD REQUESTS, AND INCREASES THE TIME FOR CRIMINAL RECORD CHECKS BACK UP TO 30 DAYS. AN EMERGENCY CLAUSE IS INCLUDED, SUBJECT TO THE APPROVAL OF CCS/HB 895 & 986 BY THE GOVERNOR. SA 23 - CREATES THE FOLLOWING CRIMES: 1) ASSAULT OF A TEACHER IN THE FIRST DEGREE (CLASS A FELONY); 2) ASSAULT OF A TEACHER IN THE SECOND DEGREE (CLASS B FELONY); 3) ASSAULT OF A TEACHER IN THE THIRD DEGREE (CLASS A MISDEMEANOR); SA 24 - REQUIRES SCHOOL DISTRICT BOARD APPROVAL TO ADMINISTER A PROGRAM OF VIOLENCE PREVENTION UNDER THIS ACT. SA 25 - TECHNICAL REGARDING SPECIFICATION OF ACTS WHICH PERMANENTLY PREVENT REENROLLMENT OF A PUPIL. SA 28 - ANY SCHOOL DISTRICT WITH A GRADUATION RATE OF LESS THAN SIXTY PERCENT SHALL NOT ISSUE ANY ADMINISTRATOR CONTRACTS FOR LONGER THAN ONE YEAR. SA 29 - REQUIRES A DISTRICT TO RESPOND WITHIN THREE BUSINESS DAYS TO A REQUEST FOR A STUDENT'S RECORDS FROM ANOTHER SCHOOL DISTRICT ENROLLING THE STUDENT. SA 30 - INSTRUCTION REGARDING VIOLENCE PREVENTION SHALL NOT BE OFFERED FOR ACADEMIC CREDIT. SA 31 - THE STATE BOARD OF EDUCATION POLICY ON EXPUNGEMENT OF RECORDS SHALL ONLY ADDRESS EXPUNGEMENT OF RECORDS OF PUPILS WHO HAVE GRADUATED OR REACHED THE AGE OF TWENTY-ONE YEARS. SA 32 - TECHNICAL AMENDMENT REGARDING PLACEMENT OF HANDICAPPED AND SEVERELY HANDICAPPED CHILDREN WITH DISABILITIES WHICH RESULT IN VIOLENT BEHAVIOR LIKELY TO CAUSE INJURY TO THE STUDENT OR OTHERS. SA 33 - ANY SCHOOL BOARD MAY ADOPT A POLICY REGARDING THE USE OF PROFANE LANGUAGE IN SCHOOL BY STUDENTS AND TEACHERS. SA 35 - ANY SCHOOL WHICH OFFERS MORE THAN ONE SECTION OF A REGULAR INSTRUCTION CLASS MAY OFFER ONE OR MORE "MOTIVATED" SECTIONS OF THE CLASS. STUDENTS MAY APPLY FOR ENTRANCE INTO A MOTIVATED SECTION AND SHALL BE REQUIRED TO AGREE TO DO ALL HOMEWORK, EXCEPT IN EXTENUATING CIRCUMSTANCES AND SHALL AGREE TO BE RESPECTFUL TO TEACHER AND OTHER STUDENTS AT ALL TIMES. STUDENTS SHALL BE TRANSFERRED TO REGULAR SECTIONS UPON THE THIRD VIOLATION OF ANY SUCH AGREEMENT FOR A "MOTIVATED" CLASS SECTION. SA 36 - WRITTEN PERMISSION SHALL BE OBTAINED AT LEAST ANNUALLY AND MAINTAINED ON FILE IN ORDER TO BE ABLE TO PROVIDE STUDENT RECORDS TO PERSONS NOT EMPLOYED BY ENTITIES ALLOWED TO RECEIVE RECORDS WITHOUT PERMISSION. SA 37 - BEGINNING ON AUGUST 28, 1996, NEW HEAD START BUSES SHALL HAVE SIGNS INDICATING THAT THE BUSES ARE HEAD START BUSES. EXISTING HEAD START BUSES MAY HAVE SUCH SIGNS.