CCS SS#2 SCS HCS#2 HB 1543 -- ELEMENTARY AND SECONDARY EDUCATION

This bill changes the laws regarding elementary and secondary
education.  In its main provisions, the bill:

(1)  Expands the reporting of acts of violence to include all
teachers at the student's school building.  Currently, the report
is required to be given to teachers who need to know (Section
160.261.2, RSMo);

(2)  Specifies that a suspended student who is not allowed within
1,000 feet of school property without specific permission is also
prohibited from being within 1,000 feet of a school activity
occurring off school property with certain exceptions (Sections
160.261.3 and 160.261.4);

(3)  Expands employee immunity from following established
discipline policies to include, but not limited to, policies of
student discipline (Section 160.261.8);

(4)  Adds the use of reasonable force to protect persons or
property by school district personnel to the provisions regarding
spanking.  The action is not 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
school district employee is present as a witness at the spanking
(Section 160.261.10);

(5)  Specifies that bullying as it relates to required school
district anti-bullying policies must include cyberbullying and
electronic communications (Section 160.775);

(6)  Specifies that in fiscal years 2011 through 2013 the
Department of Elementary and Secondary Education cannot penalize
a school district on its Missouri School Improvement Program
accreditation review for failing to achieve resource standards if
the school funding formula or transportation categorical is
underfunded as specified and the district cannot be penalized in
the following fiscal year if the Governor withholds funds from
the school funding formula (Section 161.209);

(7)  Requires the Office of Administration to issue regulations
for contractors or subcontractors on public works construction
projects at public schools which require them to establish and
implement a random drug and alcohol testing program.  Any program
must be administered by a certified laboratory and must require
notification to the employer and employee of the results of any
positive drug and alcohol test.  The school district must be
notified of the action taken to protect the safety of the
students as a result of a positive test.  The employer on the
public works project must pay for the costs of the program
(Section 161.371);

(8)  Specifies that in fiscal years 2011 through 2013 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 as specified or will be suspended in the following
fiscal year if the Governor withholds funds from the school
funding formula (Section 163.410);

(9)  Allows all public school districts to require a school
uniform or restrict student dress to a particular style.
Currently, only the St. Louis City School District must consider
adopting a school uniform dress code policy (Section 167.029);

(10)  Exempts an unqualified school district employee who refuses
to administer medication or medical services from disciplinary
action for the refusal (Section 167.621.2);

(11)  Exempts a qualified school district employee from any civil
liability for administering medication or medical services,
including a trained employee providing cardiopulmonary
resuscitation and other lifesaving methods, in good faith and
according to standard medical practices (Sections 167.621.3 and
167.624);

(12)  Specifies that a student must be allowed to self-administer
medication for any chronic health condition under certain
specified conditions (Section 167.627);

(13)  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 (Section
167.630);

(14)  Allows the special administrative board when it has been
granted governing powers for a district in the St. Louis City
School District to appoint a hearing officer to conduct a
contested case of a teacher's dismissal.  The board must render a
decision on the charges upon the review of the hearing officer's
recommendations and the hearing record (Section 168.221);

(15)  Removes the requirement but allows the General Assembly to
make an annual appropriation to the Missouri Career Development
and Teacher Excellence Plan, commonly known as the Career Ladder
Program.  Beginning in Fiscal Year 2012, the state portion of
career ladder payments will only be made available to school
districts if an appropriation is made.  Any state appropriation
must be made prospectively in relation to the year in which work
under the program is performed.  A school district may fund the
program for its teachers for work performed in years for which no
state appropriation is made available.  The variable match
formula of the program is removed, and the payment must be on a
matching basis with 60% local funding and 40% state funding
(Sections 168.500 and 168.515); and

(16)  Removes the provision which specifies that no fees can be
charged for Parents as Teachers services, clarifies that families
with children younger than the kindergarten entry age will be
eligible to receive specified services, requires priority to be
given to high-needs families according to department criteria,
and allows school districts to establish cost-sharing strategies
for these services.  These provisions will expire December 31,
2015 (Section 178.697).

The provisions regarding the suspension of a school district's
use of funds for required professional development and the level
and placement of funds for teacher salaries will become effective
upon passage and approval or July 1, whichever occurs later.

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