HCS HB 1314 -- PROTECTIONS FOR SCHOOL CHILDREN FROM SEXUAL
OFFENDERS

SPONSOR:  Cunningham (86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elementary
and Secondary Education by a vote of 9 to 3.

This substitute establishes the Amy Hestir Davis Student
Protection Act.  Currently, when a school employee is reported as
a possible child abuser, the school board receives a report from
the juvenile officer and a report from its own investigator on
which it bases its findings of unsubstantiated, substantiated, or
unresolved, which are then forwarded to the Children's Division
within the Department of Social Services.  The substitute
requires the school superintendent to refer any allegation of
sexual misconduct to the division within 24 hours of receiving it
and requires the school to report unsubstantiated and unresolved
findings to the Child Abuse Registry for its internal records.
Beginning July 1, 2009, certain potential employees will be asked
to sign a waiver to permit employers access to the closed
records, although the employee is not required to sign the
waiver.

The Office of the Child Advocate is established to offer
mediation services when requested by either party when child
abuse allegations arise in a school setting.  No student or
parent will be required to enter into mediation, but a school
district is required to participate in mediation if a parent
requests it.  Procedures for mediation are established in the
substitute.

School districts are required to adopt written policies on
information that may be provided about former employees.  Current
district employees who report on or discuss job performance when
making employment decisions that affect student safety are exempt
from civil liability if they act in good faith and in accordance
with district policy.  A school district that has allowed an
employee to resign because of allegations of sexual misconduct
must disclose the allegations or be directly liable to the victim
and have third-party liability to the hiring district if the
employee is charged with sexual misconduct in the new district.

By January 1, 2009, school districts must establish policies on
teacher-student and employee-student communication, to cover oral
and nonverbal communication and appropriate use of electronic
media, with a policy covering use of social networking sites to
prohibit teachers from maintaining a work-related Internet site
unless it is publicly available on at least one open-access
network and to prohibit a nonwork-related Internet site which
allows exclusive access to current or former students.  By
July 1, 2009, districts must establish a policy to provide
teacher and employee training on identifying signs of sexual
abuse and danger signals of potentially abusive relationships
between children and adults, with an emphasis on mandatory
reporting.

Sexual misconduct in the second and third degree and sexual
contact with a student on school property are added to the list
of offenses for which a teacher's license may be denied or
revoked.  The substitute clarifies that beginning January 1,
2009, a criminal background check includes registering with the
Family Safety Care Registry.  The departments involved in the
checking process are required to develop procedures to allow an
annual record check of holders of active teacher certificates,
and the Department of Elementary and Secondary Education is
required to facilitate development of procedures for school
districts to undergo annual rechecks of their noncertificated
employees who are required under Section 168.133, RSMo, to
undergo a background check prior to employment.

Third-party reporters of child abuse who report an alleged
incident to school administrators are immune from liability under
certain circumstances.  The current 20-year statute of limitation
for the prosecution of unlawful sexual offenses involving a
person 18 years of age or younger is repealed.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $295,799
to $307,799 in FY 2009, $178,425 in FY 2010, and $183,687 in
FY 2011.  Estimated Income on Other State Funds of $1,080,000 in
FY 2009, FY 2010, and FY 2011.

PROPONENTS:  Supporters say that it is too easy for teachers who
prey on students to move from district to district without the
new district being aware of past problems.  Fear of litigation if
the former district reveals its concerns and relief at being able
to quietly get rid of a bad teacher sometimes influence a
district into not acting on its suspicions.  Some teachers
against whom there have been repeated allegations in several
districts are still teaching.

Testifying for the bill were Representative Cunningham (86); Amy
Hestir Davis; Marilyn Hestir; Michael Hestir; Andrea Barnes; Dr.
Melissa West; and Gary Weigert.

OPPONENTS:  Those who oppose the bill say that the bill poses
serious privacy concerns.

Testifying against the bill was American Civil Liberties Union.

OTHERS:  Others testifying on the bill say the State Auditor's
report from the fall of 2007 highlighted some loopholes in the
statutes, including the fact that the Department of Elementary
and Secondary Education was not authorized to share information
from the Family Care Safety Registry.

Testifying on the bill were Missouri Republican Attorneys for
Civil Justice; Office of the State Auditor; and Missouri National
Education Association.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm