HCS HB 1722 -- 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 12 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 following all policies;

(2)  Adds the use of force to protect persons or property to the
provisions regarding spanking and adds the requirement that
another employee witness a 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)  Adds safety practice and training to the facility safety
accreditation standards;

(5)  Exempts unqualified employees who refuse to administer
medication or medical services from disciplinary action for the
refusal;

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

(7)  Adds chronic health conditions 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;

(9)  Allows school boards 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 definition of
"homeless children" to be consistent with the federal definition
and clarifies which educational records are needed;

(13)  Changes the current requirement for forwarding educational
records from 48 hours to two business days and adds individual
education plans and health records to the requirement;

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

(15)  Requires the Children's Services Commission to recommend
best practices on interagency communications regarding students
receiving state services by July 1, 2009.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that these measures will make it
possible for school employees to do their jobs without frivolous
lawsuits.  If employees follow policy, they can concentrate on
teaching, rather than worrying about litigation.  Making the
school environment safer for students and employees is a good
goal.

Testifying for the bill were Representative Wallace; Missouri
School Boards Association; Missouri State Teachers Association;
and Missouri National Education Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm