HB 1314 -- Protections for School Children from Sexual Offenders

Sponsor:  Cunningham (86)

This bill 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 Division of Family
Services within the Department of Social Services.  The bill
requires the school superintendent to also report a substantiated
finding to the Department of Elementary and Secondary Education.

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.

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 bill clarifies that a criminal background check
includes a check of the sexual offender registry and the child
abuse central 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 before hiring.

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person 18 years of age or younger is repealed.

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