HCS HB 96 -- SCHOOL PROTECTION MEASURES (Wallace)

COMMITTEE OF ORIGIN:  Committee on Elementary and Secondary
Education

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 and requires that spanking be
administered by certificated personnel, while use of force is
permissible by any school personnel as long as it is within the
school's policy guidelines.  These incidents are not to be
regarded as child abuse as long as no allegation of sexual
misconduct arises and another employee witnesses 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
that the 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;

(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 a student's reportable offenses to be
provided to any school district to which a student transfers or
enrolls.  The required content of the notice depends on whether
the student has been certified for trial as an adult or if the
student is under the jurisdiction of the juvenile court;

(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.

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