HCS HB 1722 -- SCHOOL SAFETY AND LIABILITY (Wallace)

COMMITTEE OF ORIGIN:  Committee on Elementary and Secondary
Education

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)  Makes the background check for a teacher and certain school
personnel valid for one year and transferrable from one school
district to another, even if there is a change in the type of
certification the teacher holds; 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.

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