HCS HB 96 -- SCHOOL PROTECTION MEASURES

SPONSOR:  Wallace

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elementary
and Secondary Education by a vote of 13 to 0.

This substitute changes the laws regarding school employee
liability, safety practices, and reporting acts of violence.  In
its main provisions, the substitute:

(1)  Expands employee immunity from correctly following
discipline policies to following all policies;

(2)  Adds the use of force to protect persons or property to the
provisions regarding spanking, which is not to be regarded as
abuse which would be investigated by the Children's Division
within the Department of Social Services as long as the spanking
or use of force does not give rise to an allegation of sexual
misconduct and requires another employee to witness the spanking;

(3)  Specifies that a suspended student who is not allowed on
school property without specific permission is also prohibited
from attending school events occurring off school property;

(4)  Requires, by July 1, 2011, the State Board of Education to
add to any school facilities and safety criteria developed for
the Missouri School Improvement Program provisions suggesting
drills required regarding standards for safe facilities occur at
least annually and requires that all staff receive sufficient
training on the school's security and crisis management plan;

(5)  Exempts unqualified employees who refuse to administer
medication or medical services from disciplinary action for the
refusal;

(6)  Exempts qualified employees from any civil liability for
administering medication or medical services, including
cardiopulmonary resuscitation and other lifesaving methods, in
good faith and according to standard medical practices;

(7)  Adds chronic health condition to the list for which a
student may self-administer medication;

(8)  Adds employees trained and supervised by the school nurse to
the list of individuals who are authorized to use an epinephrine
auto-syringe on a student and clarifies the employees' civil
liability;

(9)  Allows the Blue Springs school board to commission certified
law officers under specified conditions;

(10)  Changes the requirement of the St. Louis City School
District to consider school uniforms and dress codes to allow all
districts to impose dress codes;

(11)  Expands the reporting of acts of violence to all teachers
at the student's school building and other employees who need to
know;

(12)  Revises, in the residency provisions, the meaning of
"homeless children and youths" to be consistent with the federal
definition and specifies which educational records are needed;

(13)  Changes the current requirement for forwarding educational
records from 48 hours to two business days, adds individual
education plans and health records to the requirement, and adds
private and parochial schools to the entities that can request
records;

(14)  Requires a notice of reportable offenses to be attached to
an offending student's record and transcript;

(15)  Consolidates provisions regarding expulsion and suspension;

(16)  Allows the criminal background check and fingerprint
collection required of student-contact educational employees to
be transferrable from one district or private school to another
for a period of one year; and

(17)  Requires the Children's Services Commission to recommend
best practices on interagency communications regarding students
receiving state services by July 1, 2010.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that these measures will make it
possible for school employees to focus on teaching without
worrying about litigation.  Making the school environment safer
for students and employees is a good goal.

Testifying for the bill were Representative Wallace; Missouri
State Teachers Association; Missouri National Education
Association; Missouri School Boards' Association; Penney Rector,
School Administrators Coalition; and Cooperating School Districts
of Greater St. Louis.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:23 am