HCS#2 HB 1543 -- ELEMENTARY AND SECONDARY EDUCATION

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 elementary and
secondary education, school employee liability, safety practices,
and reporting acts of violence.  In its main provisions, the
substitute:

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

(2)  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;

(3)  Expands employee immunity from following established
discipline policies to include policies of student discipline;

(4)  Adds the use of force to protect persons or property by
school district personnel to the provisions regarding spanking.
Neither act is to be considered as abuse that 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 another
employee is present as a witness at the spanking;

(5)  Requires, by July 1, 2012, the State Board of Education to
add provisions to any school facilities and safety criteria
developed for the Missouri School Improvement Program that
suggest required drills 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 that is maintained throughout the school year;

(6)  Defines "cyberbullying" as it relates to a school district's
anti-bullying policies to include the use of computers, the
Internet, and phones to bully a student;

(7)  Requires, subject to appropriations and beginning in Fiscal
Year 2011, the General Assembly to annually appropriate at least
$500,000 to the newly created School Safety and School Violence
Prevention Fund; establishes a procedure for selecting a
statewide center for school safety and violence prevention; and
specifies the resources that the center will provide for schools
including, but not limited to, bullying prevention, building
safety review, and annual training for safety coordinators;

(8)  Clarifies that charter schools must designate a staff person
as the educational liaison under the Foster Care Education Bill
of Rights;

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

(10)  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 allows
private and parochial schools to request a copy of specified
school enrollment records;

(11)  Requires a notice of reportable offenses to be provided to
any school to which the student transfers and requires it to be
attached to an offending student's disciplinary record;

(12)  Allows all public school districts to require a school
uniform or restrict student dress.  Currently, these provisions
require only the St. Louis City School District to consider
adopting a school uniform;

(13)  Makes the list of reportable student offenses in Section
167.115, RSMo, consistent with the list in Section 160.261;

(14)  Consolidates the provisions regarding expulsion and
suspension;

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

(16)  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;

(17)  Specifies that a student must be allowed to self-administer
medication for any chronic health condition;

(18)  Adds other school 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 specifies that these
employees will be immune from civil liability when done in good
faith and according to standard medical practices;

(19)  Allows the City of St. Louis School District to appoint a
hearing officer to conduct a contested case of a teacher's
dismissal;

(20)  Requires all public schools to observe Veterans Day with
appropriate activities;

(21)  Raises the limit on non-bidded contracts for repairs or
materials for school property from $5,000 to $15,000 in the City
of St. Louis School District; and

(22)  Requires, by July 1, 2011, the Children's Services
Commission to recommend best practices on interagency
communications regarding students receiving state services while
protecting the privacy of the involved student and family.

The provisions regarding the appointment of a hearing officer in
the City of St. Louis School District become effective July 1,
2011.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $0 in FY 2011, a cost of Up to $500,000 in FY 2012, and
a cost of Up to $500,000 in FY 2013.  Estimated Income on Other
State Funds of $0 in FY 2011, Up to $500,000 in FY 2012, and Up
to $500,000 in FY 2013.

PROPONENTS:  Supporters say that the bill provides needed
clarifications in several areas that should improve the working
conditions for school staff.

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

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm