CCS#2 HCS SB 944 -- SCHOOL SAFETY

This bill makes a number of changes regarding school safety. In its main provisions, the bill:

(1) Includes bringing weapons to school playgrounds, buses, and activities in the offenses that require a one-year suspension from school and adds several sex crimes to the list of crimes that require reporting to law enforcement (Section 160.261, RSMo);

(2) Requires elementary and secondary schools to report the rates, durations of, and the reasons for student expulsions and suspensions of 10 days or longer (Section 160.522);

(3) Expands the Missouri School Improvement Program to require each school district safety coordinator to have knowledge of violence prevention programs and resources and requires school districts to utilize all programs and resources found to be necessary and cost-effective (Section 160.660);

(4) Establishes a pilot program for public middle school students using military training and motivation methods. The program will be operated by the Department of Elementary and Secondary Education, the Department of Social Services, and the National Guard. Students in the seventh or eighth grade may apply to attend the 4-week residential program. A local school system will provide academic instruction. The bill establishes a fund in the state treasury that may accept private donations for the program (Section 160.700);

(5) Adds a new type of categorical funding to reimburse school districts for 75% of the cost of adopting and operating a violence prevention program for any district that adopts such a program. If such funding is insufficient, programs may be funded with critical needs or at-risk moneys (Section 161.650);

(6) Allows a school district to make certain funding transfers for expenditures related to school safety and security (Section 165.011);

(7) Allows school districts to exclude school safety and security expenditures from operating cost calculations (Section 165.016);

(8) Allows school districts to disclose education records to law enforcement and juvenile justice authorities if disclosure is necessary to effectively serve the student. Currently, student records may be obtained by governmental agencies only with the written permission of a parent or guardian (Section 167.020);

(9) Allows all public school boards to require an incoming student's parent or guardian to provide a sworn statement that the student has not been suspended or expelled from any school (including any private school) for violations of school policy involving drugs or alcohol, weapons, or violence (Section 167.023);

(10) Requires the juvenile office or prosecuting attorney to notify the school when a student's juvenile or criminal case has been completed, including a brief summary of the relevant findings of fact. Current law requires notification only when a student has allegedly committed a crime. The bill also grants civil immunity to school employees who in good faith notify law enforcement regarding a student's criminal activity. These notice requirements apply to all schools, including private schools (Section 167.115);

(11) Includes school playgrounds, parking lots, and activities in the places in which a student found with controlled substances or weapons must be reported to local law enforcement by the superintendent (Section 167.117);

(12) Changes the funding mechanism for the satellite broadcast instruction grant program of the Department of Elementary and Secondary Education. Currently, the sales tax on videotape rentals is earmarked for such expenditures. The bill changes the funding method to a fixed amount of $4 million per year (Section 170.250);

(13) Requires the Department of Elementary and Secondary Education and the juvenile courts to share information with the State Courts Administrator and the departments of Social Services, Health, and Mental Health regarding any children who have been provided services by any of those departments and have committed an act which would be a crime if committed by an adult (Section 210.865);

(14) Allows a guardian for a minor to be appointed for the sole purpose of school registration or medical insurance coverage. Such a guardian may be appointed if it is shown that the whereabouts or identity of either or both parents remain unknown (Sections 475.060, 475.070);

(15) Creates the crime of trespass of a school bus and makes it a class A misdemeanor (Section 569.155);

(16) Expands the crime of unlawful use of weapons to include carrying a weapon onto school grounds or a school bus, unless the person is participating in a school-sanctioned, firearm-related event, or the person otherwise lawfully possesses the weapon and is transporting a student to or from school. The bill also changes the penalty to a class A misdemeanor when the weapon is unloaded and a class D felony when loaded (Section 571.030);

(17) Creates the crime of making a terroristic threat. The bill defines the crime as communicating a threat to commit a felony, a knowingly false report concerning the commission of any felony, or a knowingly false report concerning the occurrence of a catastrophe. The crime is a class C felony, unless it involves the reckless disregard of the risk of causing the evacuation of a building, in which case it is a class D felony (Section 574.150); and

(18) Establishes a 4-year competitive grant program to create or expand student suicide prevention programs, beginning July 1, 2001 (Section 1).