HCS HB 469 -- SCHOOL SAFETY AND LIABILITY

SPONSOR:  Cunningham, 86 (Wallace)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elementary
and Secondary Education by a vote of 11 to 0.

This substitute changes the laws regarding school employee
liability, safety practices, and reporting acts of violence.  In
its main provisions, the substitute:

(1)  Broadens employee immunity from correctly following
discipline policies to all policies;

(2)  Adds the use of force to protect persons or property to the
provisions regarding spanking;

(3)  Exempts unqualified employees who refuse to administer
medication or medical services from disciplinary action for
refusing;

(4)  Exempts qualified employees from liability for administering
medication or medical services, including cardiopulmonary
resuscitation, in good faith and according to standard medical
practices;

(5)  Adds chronic health conditions to the medication
self-administration list;

(6)  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;

(7)  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;

(8)  Adds safety practice and training to the facility safety
accreditation standards;

(9)  Allows school boards to commission certified law officers
under specified conditions;

(10)  Adds prevention-focused criteria to the existing criteria
for safe schools grants;

(11)  Changes the requirement for the St. Louis City School
District to consider school uniforms and dress codes to allow all
districts to impose dress codes;

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

(13)  Replaces, in the residency provisions, the definition of
"homeless children" with the federal definition, allows a person
other than a legal guardian to request a residency review, and
clarifies which educational records are needed;

(14)  Requires a notice of reportable offenses to be attached to
an offending student's record and transcript;

(15)  Requires the Missouri Children's Services Commission to
recommend best practices on interagency communications regarding
students receiving state services by July 1, 2008; and

(16)  Disallows the use of guardianship to circumvent school
residency requirements.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that these measures make it possible
for school employees and volunteers to do their jobs without
frivolous lawsuits.  Making the school environment safer for
students and employees is a good goal; and if employees follow
policy, they can concentrate on teaching.

Testifying for the bill were Representative Wallace; Missouri
School Boards' Association; Missouri School Administrators
Coalition; Cooperating School Districts of Greater St. Louis;
Missouri State Teachers Association; and Missouri National
Education Association.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that Missouri law
doesn't distinguish between negligence and gross negligence.  It
is important to render a standard of care.

Testifying on the bill was Missouri Association of Trial
Attorneys.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am