SECOND REGULAR SESSION

HOUSE BILL NO. 1301

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES McLUCKIE, KELLY (27), DAYS (71), SMITH, OSTMANN,

McCLELLAND (Cosponsors), HOPPE, FITZWATER, HARLAN, SCHEVE, FIEBELMAN, FRANKLIN,

SHEAR, BRAY, KAUFFMAN, STOLL, STOKAN, LUMPE, VAN ZANDT,

FARMER AND HECKEMEYER.

Read 1st time January 24, 1996 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L3192.01I

AN ACT

To repeal section 162.680, RSMo 1994, and sections 160.261, 167.161, 167.171, and 211.321, RSMo Supp. 1995, and to enact in lieu thereof thirteen new sections for the purpose of providing safer schools, 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Section A. Section 162.680, RSMo 1994, and sections 160.261, 167.161, 167.171, and 211.321, RSMo Supp. 1995, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 160.261, 162.680, 167.020, 167.161, 167.171, 211.321, 211.323, 1, 2, 3, 4, 5 and 6, to read as follows:

160.261. 1. The local board of education of each school district shall clearly establish a written policy of discipline, including the district's determination on the use of corporal punishment and the procedures in which punishment will be applied. A written copy of [which] the district's discipline policy and corporal punishment procedures, if applicable, shall be sent to every parent of a pupil enrolled in the district at the beginning of each school year and also 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. For the purposes of this act, "need to know" is defined to mean school personnel 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. As used in this section, the phrase "act of school violence" means the exertion of physical force by a student with the intent to do serious bodily harm to another person while on school property, including a school bus in service on behalf of the district, or while involved in school activities. The policy shall at a minimum require school administrators to report to the appropriate law enforcement agency any felony, or 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; distribution of drugs under section 195.211, RSMo; distribution of drugs to a minor under section 195.212, RSMo; arson in the first degree under section 569.040, RSMo; or the possession of a weapon; committed on school property, including but not limited to actions on any school bus in service 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, or expulsion, 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 casebycase 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 schoolsponsored 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 their discipline policy acts of violence and any other acts that constitute a serious violation of that policy. Acts of violence as defined by school boards shall include but not be limited to exertion of physical force by a student with the intent to do serious bodily harm to another person while on school property, including a school bus in service on behalf of the district, or while involved in school activities. School districts shall for each student enrolled in the school district compile and maintain records of any serious violation of the district's discipline policy. Such records shall be made available to teachers and other school district employees with a need to know while acting within the scope of their assigned duties, and shall be provided to any school district in which the student subsequently attempts to enroll.

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 and 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] such president's designee. The investigation shall begin no later than fortyeight 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] the child's parents or guardian within fortyeight 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] such person's 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] such child's disabling condition.

2. To the maximum extent appropriate, handicapped and severely [handicapped] disabled 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 causing a substantial likelihood of injury to self 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.

167.020. 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 person registering the student shall provide proof of status as a parent, immediate family member at least twenty-one years of age, or court-appointed legal guardian. An affidavit signed by the parent, immediate family member at least twenty-one years of age, or the court appointed legal guardian affirming familial relationship shall constitute sufficient proof of a familial status or legal guardianship. The person registering the student or the pupil 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 person registering the student; or

(2) Proof that the person registering the student 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. Any person subject to the requirements of subsection 2 of this section may request a waiver from the district board of any of those requirements 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 is guilty of a class A misdemeanor.

5. 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, a pupil who is a ward of the state and has been placed in a residential care facility by state officials, a pupil who has been placed in a residential care facility due to a mental illness or developmental disability, a pupil attending a school pursuant to sections 167.121 and 167.151, or a pupil attending a regional or cooperative alternative education program or an alternative education program on a contractual basis.

6. 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 business 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.

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 167.171, 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 such pupil 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 records of past disciplinary actions 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] the pupil's parents or others having [his] such pupil's 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] the superintendent 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] such pupil; [and]

(2) If the pupil denies the charges, [he] such pupil 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] such pupil's 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] such pupil 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 pupil properly suspended for ten or more consecutive school days for an act of school violence as defined in subsection 2 of section 160.261, RSMo, or suspended or expelled pursuant to this section or section 167.161 or otherwise permit such pupil 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 pupil, the parent or guardian of the pupil, the juvenile officer, or any agency having care, custody or control of the pupil. The school board shall notify in writing the parents or guardians and all other parties of the time, place, and agenda of any such conference. Failure of any party to attend this conference shall not preclude holding the conference. Notwithstanding any provision of this subsection to the contrary, no pupil shall be readmitted or enrolled if such pupil has been convicted of, or a petition has been filed pursuant to section 211.091, RSMo, alleging that the pupil 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; distribution of drugs under section 195.211, RSMo; distribution of drugs to a minor under section 195.212, RSMo; arson in the first degree under section 569.040, RSMo; or the possession of a weapon.

4. If a pupil is attempting to enroll in a school district after a suspension or expulsion from another school district, a conference as prescribed in subsection 3 of this section shall be held to consider if the conduct of the pupil would have resulted in a suspension or expulsion in the district in which the pupil is enrolling. Upon a determination that such conduct would have resulted in a suspension or expulsion in the district in which the pupil is enrolling or attempting to enroll, the school may make such suspension or expulsion from another district effective in the district in which the pupil is enrolling or attempting to enroll unless the pupil is enrolled in an alternative education program. Upon a determination that such conduct would not have resulted in a suspension or expulsion in the district in which the student is enrolling or attempting to enroll, the school shall not make such suspension or expulsion effective in its district in which the student is enrolling or attempting to enroll.

5. Any student suspended pursuant to this section or section 167.161 shall serve their suspension in a well supervised and well structured in-school suspension program that requires the student to perform academic activities under the direction of a certificated teacher. Such activities shall be identical to, or compatible with activities conducted in the student's regular classroom or classrooms and shall be designed to minimize any academic disruption associated with the suspension. School districts may count students serving such in-school suspension for the purposes of calculating state aid payments pursuant to sections 148.360, 149.015, 163.031, and 163.087, RSMo. Students may be required to serve suspensions off of the school campus only if the superintendent or the designee of the superintendent determines:

(1) That the student poses a physical danger to self or others;

(2) That the school lacks sufficient qualified personnel or facilities to adequately administer an in-school suspension for that student; or

(3) That the student will be placed in an off-campus alternative education program comparable to the program described in section 7 of this act.

211.321. 1. Except as otherwise provided in section 211.323, records of juvenile court proceedings as well as all information obtained and social records prepared in the discharge of official duty for the court shall not be open to inspection or their contents disclosed, except by order of the court to persons having a legitimate interest therein, unless a petition or motion to modify is sustained which charges the child with an offense which, if committed by an adult, would be a class A felony under the criminal code of Missouri, or capital murder, first degree murder, or second degree murder or except as provided in subsection 2 of this section. In addition, whenever a report is required under section 557.026, RSMo, there shall also be included a complete list of certain violations of the juvenile code for which the defendant had been adjudicated a delinquent while a juvenile. This list shall be made available to the probation officer and shall be included in the presentence report. The violations to be included in the report are limited to the following: rape, sodomy, murder, kidnapping, robbery, arson, burglary or any acts involving the rendering or threat of serious bodily harm. The supreme court may promulgate rules to be followed by the juvenile courts in separating the records.

2. In all proceedings under subdivisions (1) and (2) of subsection 1 of section 211.031, the records of the juvenile court as well as all information obtained and social records prepared in the discharge of official duty for the court shall be kept confidential and shall be open to inspection only by order of the judge of the juvenile court or as otherwise provided by statute. In all proceedings under subdivision (3) of subsection 1 of section 211.031 the records of the juvenile court as well as all information obtained and social records prepared in the discharge of official duty for the court shall be kept confidential and may be open to inspection without court order only as follows:

(1) The juvenile officer is authorized at any time:

(a) To provide information to or discuss matters concerning the child, the violation of law or the case with the victim, witnesses, officials at the child's school, law enforcement officials, prosecuting attorneys, any person or agency having or proposed to have legal or actual care, custody or control of the child, or any person or agency providing or proposed to provide treatment of the child. Information received pursuant to this paragraph shall not be released to the general public, but shall be released only to the persons or agencies listed in this paragraph;

(b) To make public information concerning the offense, the substance of the petition, the status of proceedings in the juvenile court and any other information which does not specifically identify the child or the child's family;

(2) After a child has been adjudicated delinquent pursuant to subdivision (3) of subsection 1 of section 211.031, for an offense which would be a felony if committed by an adult, the records of the dispositional hearing and proceedings related thereto shall be open to the public to the same extent that records of criminal proceedings are open to the public. However, the social summaries, investigations or updates in the nature of presentence investigations, and status reports submitted to the court by any treating agency or individual after the dispositional order is entered shall be kept confidential and shall be opened to inspection only by order of the judge of the juvenile court;

(3) As otherwise provided by statute;

(4) In all other instances, only by order of the judge of the juvenile court.

3. Peace officers' records, if any are kept, of children shall be kept separate from the records of persons seventeen years of age or over and shall not be open to inspection or their contents disclosed, except by order of the court. This subsection does not apply to children who are transferred to courts of general jurisdiction as provided by section 211.071 or to juveniles convicted under the provisions of sections 578.421 to 578.437, RSMo. This subsection does not apply to the inspection or disclosure of the contents of the records of peace officers for the purpose of pursuing a civil forfeiture action pursuant to the provisions of section 195.140, RSMo.

4. Nothing in this section shall be construed to prevent the release of information and data to persons or organizations authorized by law to compile statistics relating to juveniles. The court shall adopt procedures to protect the confidentiality of children's names and identities.

5. The court may, either on its own motion or upon application by the child or [his] such child's representative, or upon application by the juvenile officer, enter an order to destroy all social histories, records, and information, other than the official court file, and may enter an order to seal the official court file, as well as all peace officers' records, at any time after the child has reached [his] such child's seventeenth birthday if the court finds that it is in the best interest of the child that such action or any part thereof be taken, unless the jurisdiction of the court is continued beyond the child's seventeenth birthday, in which event such action or any part thereof may be taken by the court at any time after the closing of the child's case.

6. Nothing in this section shall be construed to prevent the release of general information regarding the informal adjustment or formal adjudication of the disposition of a child's case to a victim or a member of the immediate family of a victim of any offense committed by the child. Such general information shall not be specific as to location and duration of treatment or detention or as to any terms of supervision.

7. Records of juvenile court proceedings as well as all information obtained and social records prepared in the discharge of official duty for the court shall be disclosed to the child fatality review panel reviewing the child's death pursuant to section 210.192, RSMo, unless the juvenile court on its own motion, or upon application by the juvenile officer, enters an order to seal the records of the victim child.

211.323. 1. Notwithstanding any provision of this chapter or chapter 610, RSMo, to the contrary, the juvenile officer shall notify the superintendent or the superintendent's designee of the school district of which the child is a resident when a petition is filed pursuant to section 211.091, alleging that the juvenile has committed an act, which would be considered a felony if committed by an adult.

2. The notification shall be made orally and in writing, in a timely manner, prior to the return of the child to school or within five days, whichever is shorter. The notification shall include a complete description of the conduct the child is alleged to have committed and the dates the conduct occurred but shall not include the name of any victim.

3. The superintendent or the designee of the superintendent shall report such information to teachers and other school district employees with a need to know while acting within the scope of their assigned duties. 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 the sole basis for not providing educational services to a juvenile.

4. The superintendent shall notify the juvenile court upon any pupil's suspension or expulsion.

Section 1. 1. In any instance when any person is believed to have committed assault in the first, second or third degree, sexual assault, or deviate sexual assault against another pupil or school employee, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent. The reporting requirements set forth in this section shall not apply to offenses committed between pupils enrolled in grades kindergarten through third grade.

2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection 5 of this section, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or unlawful drugs as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.

4. A school employee, superintendent or such person's designee who in good faith provides information to police under subsection 1 or 2 of this section shall not be civilly liable for providing such information.

5. As used in this section, the term "weapon" means the following items, as defined in section 571.010, RSMo: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun, or a switchblade knife.

6. Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo.

Section 2. 1. The department of elementary and secondary education shall identify and, if necessary adopt, an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, RSMo, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels.

2. Beginning no later than the 1998-99 school year and each school year thereafter, all public school districts within this state may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth grade level.

3. The department may fund the program or programs adopted pursuant to this section pursuant to subsection 2 of section 160.530, RSMo, as authorized under subdivision (10) of subsection 2 of section 160.530, RSMo, after securing any funding available from alternative sources. School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530, RSMo, and section 166.260, RSMo.

4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section 3. Prior to admission to any public school, a school board may require the parent, guardian, or other person having control or charge of a child of school age to provide, upon enrollment, a sworn statement or affirmation indicating whether the student has been expelled from school attendance at any school in this state or in any other state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. Any person making a materially false statement or affirmation shall be guilty upon conviction of a class B misdemeanor. The registration document shall be maintained as a part of the student's scholastic record.

Section 4. Any informal adjustment made pursuant to section 211.081 or section 211.083, RSMo, or any order for disposition or treatment made pursuant to section 211.181, RSMo, on behalf of any person for whom reporting is required pursuant to subsection 1 of section 1 of this act, shall be provided to the superintendent or the designee of the superintendent of any school district in which the child is enrolled and, to the maximum extent practicable, shall be jointly developed by juvenile authorities and school personnel from any such school district and may require the student and the student's family to participate in any program offered by the school district for at-risk families developed pursuant to section 167.273, RSMo, and alternative education activities described pursuant to section 2 of this act.

Section 5. Any suspension issued pursuant to section 167.161 or 167.171, RSMo, or expulsion pursuant to section 167.161, RSMo, shall not relieve the state, the school district, or the suspended student's parents or guardians of their respective responsibilities to educate the student. School districts shall exhaust all other disciplinary options prior to suspending a student and shall ensure that any student suspended from the school district continues educational activities that advance the student toward graduation during the pendency of the suspension. Such educational activities may include but are not limited to activities provided through programs of alternative education described pursuant to section 6 of this act and in-school suspension as described pursuant to subsection 5 of section 167.171, RSMo.

Section 6. 1. The state board of education shall establish a program to award grants to school districts that apply for assistance in providing alternative educational opportunities for students who cannot be adequately served in the traditional classroom setting. The board shall solicit applications from school districts and shall make grants from funds appropriated for that purpose in such amounts and on such terms as it determines best encourages the development of alternative education programs throughout the state. The board shall give preference to applications that demonstrate a need for alternative education services and stress:

(1) A comprehensive, kindergarten through grade twelve approach to preventing problems that result in the need for alternative education services;

(2) Rigorous instruction in core academic disciplines;

(3) Activities designed to enable the student to better perform in the regular classroom and to transition students back to the regular classroom when merited by their performance;

(4) A student-centered approach whereby activities are designed to meet the particular needs of individual students; and

(5) Collaboration with existing community-based service providers and other governmental and private agencies to address student needs beyond those traditionally addressed by schools.

2. School districts may submit joint applications and are encouraged to pursue regional approaches to alternative education where warranted. Area vocational learning centers shall be eligible to submit applications and are encouraged to pursue grants to expand and enhance existing alternative education programs established pursuant to sections 167.320 to 167.332, RSMo, that any additional activities are compatible with subdivisions (1) to (5) of subsection 1 of this section. The state board of education shall adopt rules necessary to implement the grant program established pursuant to this section, provided that no rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.