HCS#2 HB 1543 -- ELEMENTARY AND SECONDARY EDUCATION (Wallace)

COMMITTEE OF ORIGIN:  Committee on Elementary and Secondary
Education

This substitute changes the laws regarding elementary and
secondary education, school employee liability, safety practices,
and reporting acts of violence and establishes the High School
Sports Brain Injury Prevention Act.  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)  Allows the school district in which a failed charter school
is located to contract with the governing board of the charter
school for the continuing operation of the charter school as a
local district school, allows the charter school teachers to
continue to be employees of the governing board of the former
charter school and requires them to hold the proper
certification, and deletes duplicate provisions in Section
160.420, RSMo, which are in Section 160.415;

(6)  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;

(7)  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;

(8)  Specifies that in fiscal years 2011 and 2012 the Department
of Elementary and Secondary Education cannot penalize a school
district on its accreditation review for failing to achieve
resource standards if the school funding formula or
transportation categorical is underfunded and the district cannot
be penalized in the following fiscal year if the Governor
withholds funds;

(9)  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;

(10)  Specifies that in fiscal years 2011 and 2012 the
requirement for school districts to dedicate 1% of their formula
funding to professional development and the 75% funding and fund
placement requirements for teacher salaries will be suspended if
the school funding formula or transportation categorical is
underfunded or will be suspended in the following fiscal year if
the Governor withholds funds;

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

(12)  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;

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

(14)  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;

(15)  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;

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

(17)  Allows a student to attend a different school district if
his or her travel time is more than one hour each way, if the
receiving district agrees, and if the travel time to the school
in the receiving district is one-half or less of the travel time
to the school in the student's residence district.  The state aid
received for the student will be awarded to the receiving
district, and the receiving district is obligated to provide
transportation only within its boundaries;

(18)  Consolidates the provisions regarding expulsion and
suspension;

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

(20)  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;

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

(22)  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;

(23)  Establishes the High School Sports Brain Injury Prevention
Act which requires each school district to work with the Missouri
State High School Activities Association (MSHSAA) to develop
guidelines, information, and forms for coaches, volunteers,
student athletes, and their parents or guardians on the nature
and risk of concussion and head injury, including information on
continuing to play after a concussion or head injury.  An
information sheet must be signed and returned each year by the
athlete, his or her parent or guardian, and the school's health
care volunteer before an athlete can practice or compete.  An
athlete suspected of sustaining a concussion or head injury must
be removed from competition until evaluated by a licensed health
care provider within his or her scope of practice and receives a
written clearance from the provider to return to play.  No
athlete will be allowed to return to play for at least 24 hours
from the injury and it must be shown that he or she is symptom
free at rest and during exertion.  A health care provider who
volunteers and authorizes a return to play will not be civilly
liable for damages resulting from any act or omission in
rendering the care except in the case of gross negligence or
willful or wanton misconduct.  Each school board must develop
guidelines for school-sponsored elementary teams, and the
guidelines developed by MSHSAA must be followed by city youth
sport leagues;

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

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

(26)  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

(27)  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, and the provisions regarding the suspension of the school
district fund use and placement will become effective upon
passage and approval or July 1, whichever occurs later.

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.

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