HCS HB 1314 -- PROTECTIONS FOR SCHOOL CHILDREN FROM SEXUAL
OFFENDERS (Cunningham, 86)

COMMITTEE OF ORIGIN:  Committee on Elementary and Secondary
Education

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 must disclose any allegations of sexual
misconduct 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 the appropriate use of electronic
media, with a policy covering the use of social networking sites
to prohibit teachers from maintaining a work-related Internet
site unless it is available to school administrators and parents
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 by January 1,
2012, to allow an annual record check of holders of active
teacher certificates; and the Department of Elementary and
Secondary Education is required to facilitate the development of
procedures for school districts to undergo annual rechecks of
their noncertificated employees who are required under Section
168.133, RSMo, to undergo background checks 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 to General Revenue Fund of $56,879
in FY 2009, $62,011 in FY 2010, and $63,872 in FY 2011.  No
impact on Other State Funds in FY 2009, FY 2010, and FY 2011.

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