Discipline, written policy established by local boards ofeducation--contents--reporting requirements--additionalrestrictions for certain suspensions--weapons offense, mandatorysuspension or expulsion--no civil liability for authorizedpersonnel--spanking not child abuse, when--investigationprocedure--officials falsifying reports, penalty.
160.261. 1. The local board of education of each school districtshall clearly establish a written policy of discipline, including thedistrict's determination on the use of corporal punishment and theprocedures in which punishment will be applied. A written copy of thedistrict's discipline policy and corporal punishment procedures, ifapplicable, shall be provided to the pupil and parent or legal guardian ofevery pupil enrolled in the district at the beginning of each school yearand also made available in the office of the superintendent of suchdistrict, during normal business hours, for public inspection. Allemployees of the district shall annually receive instruction related to thespecific contents of the policy of discipline and any interpretationsnecessary to implement the provisions of the policy in the course of theirduties, including but not limited to approved methods of dealing with actsof school violence, disciplining students with disabilities and instructionin the necessity and requirements for confidentiality.
2. The policy shall require school administrators to report acts ofschool violence to teachers and other school district employees with a needto know. For the purposes of this chapter or chapter 167, RSMo, "need toknow" is defined as school personnel who are directly responsible for thestudent's education or who otherwise interact with the student on aprofessional basis while acting within the scope of their assigned duties.As used in this section, the phrase "act of school violence" or "violentbehavior" means the exertion of physical force by a student with the intentto do serious physical injury as defined in subdivision (6) of section565.002, RSMo, to another person while on school property, including aschool bus in service on behalf of the district, or while involved inschool activities. The policy shall at a minimum require schooladministrators to report, as soon as reasonably practical, to theappropriate law enforcement agency any of the following crimes, or any actwhich if committed by an adult would be one of the following crimes:
(1) First degree murder under section 565.020, RSMo;
(2) Second degree murder under section 565.021, RSMo;
(3) Kidnapping under section 565.110, RSMo;
(4) First degree assault under section 565.050, RSMo;
(5) Forcible rape under section 566.030, RSMo;
(6) Forcible sodomy under section 566.060, RSMo;
(7) Burglary in the first degree under section 569.160, RSMo;
(8) Burglary in the second degree under section 569.170, RSMo;
(9) Robbery in the first degree under section 569.020, RSMo;
(10) Distribution of drugs under section 195.211, RSMo;
(11) Distribution of drugs to a minor under section 195.212, RSMo;
(12) Arson in the first degree under section 569.040, RSMo;
(13) Voluntary manslaughter under section 565.023, RSMo;
(14) Involuntary manslaughter under section 565.024, RSMo;
(15) Second degree assault under section 565.060, RSMo;
(16) Sexual assault under section 566.040, RSMo;
(17) Felonious restraint under section 565.120, RSMo;
(18) Property damage in the first degree under section 569.100, RSMo;
(19) The possession of a weapon under chapter 571, RSMo;
(20) Child molestation in the first degree pursuant to section566.067, RSMo;
(21) Deviate sexual assault pursuant to section 566.070, RSMo;
(22) Sexual misconduct involving a child pursuant to section 566.083,RSMo;
(23) Sexual abuse pursuant to section 566.100, RSMo;
(24) Harassment under section 565.090, RSMo; or
(25) Stalking under section 565.225, RSMo;
committed on school property, including but not limited to actions on anyschool bus in service on behalf of the district or while involved in schoolactivities. The policy shall require that any portion of a student'sindividualized education program that is related to demonstrated orpotentially violent behavior shall be provided to any teacher and otherschool district employees who are directly responsible for the student'seducation or who otherwise interact with the student on an educationalbasis while acting within the scope of their assigned duties. The policyshall also contain the consequences of failure to obey standards of conductset by the local board of education, and the importance of the standards tothe maintenance of an atmosphere where orderly learning is possible andencouraged.
3. The policy shall provide that any student who is on suspension forany of the offenses listed in subsection 2 of this section or any act ofviolence or drug-related activity defined by school district policy as aserious violation of school discipline pursuant to subsection 9 of thissection shall have as a condition of his or her suspension the requirementthat such student is not allowed, while on such suspension, to be withinone thousand feet of any public school in the school district where suchstudent attended school unless:
(1) Such student is under the direct supervision of the student'sparent, legal guardian, or custodian;
(2) Such student is under the direct supervision of another adultdesignated by the student's parent, legal guardian, or custodian, inadvance, in writing, to the principal of the school which suspended thestudent;
(3) Such student is in an alternative school that is located withinone thousand feet of a public school in the school district where suchstudent attended school; or
(4) Such student resides within one thousand feet of any publicschool in the school district where such student attended school in whichcase such student may be on the property of his or her residence withoutdirect adult supervision.
4. Any student who violates the condition of suspension requiredpursuant to subsection 3 of this section may be subject to expulsion orfurther suspension pursuant to the provisions of sections 167.161, 167.164,and 167.171, RSMo. In making this determination consideration shall begiven to whether the student poses a threat to the safety of any child orschool employee and whether such student's unsupervised presence within onethousand feet of the school is disruptive to the educational process orundermines the effectiveness of the school's disciplinary policy. Removalof any pupil who is a student with a disability is subject to state andfederal procedural rights.
5. The policy shall provide for a suspension for a period of not lessthan one year, or expulsion, for a student who is determined to havebrought a weapon to school, including but not limited to the schoolplayground or the school parking lot, brought a weapon on a school bus orbrought a weapon to a school activity whether on or off of the schoolproperty in violation of district policy, except that:
(1) The superintendent or, in a school district with no high school,the principal of the school which such child attends may modify suchsuspension on a case-by-case basis; and
(2) This section shall not prevent the school district from providingeducational services in an alternative setting to a student suspended underthe provisions of this section.
6. For the purpose of this section, the term "weapon" shall mean afirearm as defined under 18 U.S.C. 921 and the following items, as definedin section 571.010, RSMo: a blackjack, a concealable firearm, an explosiveweapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, amachine gun, a projectile weapon, a rifle, a shotgun, a spring gun or aswitchblade knife; except that this section shall not be construed toprohibit a school board from adopting a policy to allow a Civil Warreenactor to carry a Civil War era weapon on school property foreducational purposes so long as the firearm is unloaded. The local boardof education shall define weapon in the discipline policy. Such definitionshall include the weapons defined in this subsection but may also includeother weapons.
7. All school district personnel responsible for the care andsupervision of students are authorized to hold every pupil strictlyaccountable for any disorderly conduct in school or on any property of theschool, on any school bus going to or returning from school, duringschool-sponsored activities, or during intermission or recess periods.
8. Teachers and other authorized district personnel in public schoolsresponsible for the care, supervision, and discipline of schoolchildren,including volunteers selected with reasonable care by the school district,shall not be civilly liable when acting in conformity with the establishedpolicy of discipline developed by each board under this section, or whenreporting to his or her supervisor or other person as mandated by state lawacts of school violence or threatened acts of school violence, within thecourse and scope of the duties of the teacher, authorized districtpersonnel or volunteer, when such individual is acting in conformity withthe established policies developed by the board. Nothing in this sectionshall be construed to create a new cause of action against such schooldistrict, or to relieve the school district from liability for thenegligent acts of such persons.
9. Each school board shall define in its discipline policy acts ofviolence and any other acts that constitute a serious violation of thatpolicy. "Acts of violence" as defined by school boards shall include butnot be limited to exertion of physical force by a student with the intentto do serious bodily harm to another person while on school property,including a school bus in service on behalf of the district, or whileinvolved in school activities. School districts shall for each studentenrolled in the school district compile and maintain records of any seriousviolation of the district's discipline policy. Such records shall be madeavailable to teachers and other school district employees with a need toknow while acting within the scope of their assigned duties, and shall beprovided as required in section 167.020, RSMo, to any school district inwhich the student subsequently attempts to enroll.
10. Spanking, when administered by certificated personnel of a schooldistrict in a reasonable manner in accordance with the local board ofeducation's written policy of discipline, is not abuse within the meaningof chapter 210, RSMo. The provisions of sections 210.110 to 210.165, RSMo,notwithstanding, the division of family services shall not havejurisdiction over or investigate any report of alleged child abuse arisingout of or related to any spanking administered in a reasonable manner byany certificated school personnel pursuant to a written policy ofdiscipline established by the board of education of the school district.Upon receipt of any reports of child abuse by the division of familyservices pursuant to sections 210.110 to 210.165, RSMo, which allegedlyinvolves personnel of a school district, the division of family servicesshall notify the superintendent of schools of the district or, if theperson named in the alleged incident is the superintendent of schools, thepresident of the school board of the school district where the allegedincident occurred. If, after an initial investigation, the superintendentof schools or the president of the school board finds that the reportinvolves an alleged incident of child abuse other than the administrationof a spanking by certificated school personnel pursuant to a written policyof discipline or a report made for the sole purpose of harassing a publicschool employee, the superintendent of schools or the president of theschool board shall immediately refer the matter back to the division offamily services and take no further action. In all matters referred backto the division of family services, the division of family services shalltreat the report in the same manner as other reports of alleged child abusereceived by the division. If the report pertains to an alleged incidentwhich arose out of or is related to a spanking administered by certificatedpersonnel of a school district pursuant to a written policy of disciplineor a report made for the sole purpose of harassing a public schoolemployee, a notification of the reported child abuse shall be sent by thesuperintendent of schools or the president of the school board to thejuvenile officer of the county in which the alleged incident occurred. Thereport shall be jointly investigated by the juvenile officer or a lawenforcement officer designated by the juvenile officer and thesuperintendent of schools or, if the subject of the report is thesuperintendent of schools, by the juvenile officer or a law enforcementofficer designated by the juvenile officer and the president of the schoolboard or such president's designee. The investigation shall begin no laterthan forty-eight hours after notification from the division of familyservices is received, and shall consist of, but need not be limited to,interviewing and recording statements of the child and the child's parentsor guardian within two working days after the start of the investigation,of the school district personnel allegedly involved in the report, and ofany witnesses to the alleged incident. The juvenile officer or a lawenforcement officer designated by the juvenile officer and theinvestigating school district personnel shall issue separate reports oftheir findings and recommendations after the conclusion of theinvestigation to the school board of the school district within seven daysafter receiving notice from the division of family services. The reportsshall contain a statement of conclusion as to whether the report of allegedchild abuse is substantiated or is unsubstantiated. The school board shallconsider the separate reports and shall issue its findings and conclusionsand the action to be taken, if any, within seven days after receiving thelast of the two reports. The findings and conclusions shall be made insubstantially the following form:
(1) The report of the alleged child abuse is unsubstantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school board personnel agree that theevidence shows that no abuse occurred;
(2) The report of the alleged child abuse is substantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school district personnel agree that theevidence is sufficient to support a finding that the alleged incident ofchild abuse did occur;
(3) The issue involved in the alleged incident of child abuse isunresolved. The juvenile officer or a law enforcement officer designatedby the juvenile officer and the investigating school personnel are unableto agree on their findings and conclusions on the alleged incident.
11. The findings and conclusions of the school board shall be sent tothe division of family services. If the findings and conclusions of theschool board are that the report of the alleged child abuse isunsubstantiated, the investigation shall be terminated, the case closed,and no record shall be entered in the division of family services' centralregistry. If the findings and conclusions of the school board are that thereport of the alleged child abuse is substantiated, the division of familyservices shall report the incident to the prosecuting attorney of theappropriate county along with the findings and conclusions of the schooldistrict and shall include the information in the division's centralregistry. If the findings and conclusions of the school board are that theissue involved in the alleged incident of child abuse is unresolved, thedivision of family services shall report the incident to the prosecutingattorney of the appropriate county along with the findings and conclusionsof the school board, however, the incident and the names of the partiesallegedly involved shall not be entered into the central registry of thedivision of family services unless and until the alleged child abuse issubstantiated by a court of competent jurisdiction.
12. Any superintendent of schools, president of a school board orsuch person's designee or juvenile officer who knowingly falsifies anyreport of any matter pursuant to this section or who knowingly withholdsany information relative to any investigation or report pursuant to thissection is guilty of a class A misdemeanor.
13. In order to ensure the safety of all students, should a studentbe expelled for bringing a weapon to school, violent behavior, or for anact of school violence, that student shall not, for the purposes of theaccreditation process of the Missouri school improvement plan, beconsidered a dropout or be included in the calculation of that district'seducational persistence ratio.
Discipline, written policy established by local boards ofeducation--contents--reporting requirements--additionalrestrictions for certain suspensions--weapons offense, mandatorysuspension or expulsion--no civil liability for authorizedpersonnel--spanking not child abuse, when--investigationprocedure--officials falsifying reports, penalty.
160.261. 1. The local board of education of each school districtshall clearly establish a written policy of discipline, including thedistrict's determination on the use of corporal punishment and theprocedures in which punishment will be applied. A written copy of thedistrict's discipline policy and corporal punishment procedures, ifapplicable, shall be provided to the pupil and parent or legal guardian ofevery pupil enrolled in the district at the beginning of each school yearand also made available in the office of the superintendent of suchdistrict, during normal business hours, for public inspection. Allemployees of the district shall annually receive instruction related to thespecific contents of the policy of discipline and any interpretationsnecessary to implement the provisions of the policy in the course of theirduties, including but not limited to approved methods of dealing with actsof school violence, disciplining students with disabilities and instructionin the necessity and requirements for confidentiality.
2. The policy shall require school administrators to report acts ofschool violence to teachers and other school district employees with a needto know. For the purposes of this chapter or chapter 167, RSMo, "need toknow" is defined as school personnel who are directly responsible for thestudent's education or who otherwise interact with the student on aprofessional basis while acting within the scope of their assigned duties.As used in this section, the phrase "act of school violence" or "violentbehavior" means the exertion of physical force by a student with the intentto do serious physical injury as defined in subdivision (6) of section565.002, RSMo, to another person while on school property, including aschool bus in service on behalf of the district, or while involved inschool activities. The policy shall at a minimum require schooladministrators to report, as soon as reasonably practical, to theappropriate law enforcement agency any of the following crimes, or any actwhich if committed by an adult would be one of the following crimes:
(1) First degree murder under section 565.020, RSMo;
(2) Second degree murder under section 565.021, RSMo;
(3) Kidnapping under section 565.110, RSMo;
(4) First degree assault under section 565.050, RSMo;
(5) Forcible rape under section 566.030, RSMo;
(6) Forcible sodomy under section 566.060, RSMo;
(7) Burglary in the first degree under section 569.160, RSMo;
(8) Burglary in the second degree under section 569.170, RSMo;
(9) Robbery in the first degree under section 569.020, RSMo;
(10) Distribution of drugs under section 195.211, RSMo;
(11) Distribution of drugs to a minor under section 195.212, RSMo;
(12) Arson in the first degree under section 569.040, RSMo;
(13) Voluntary manslaughter under section 565.023, RSMo;
(14) Involuntary manslaughter under section 565.024, RSMo;
(15) Second degree assault under section 565.060, RSMo;
(16) Sexual assault under section 566.040, RSMo;
(17) Felonious restraint under section 565.120, RSMo;
(18) Property damage in the first degree under section 569.100, RSMo;
(19) The possession of a weapon under chapter 571, RSMo;
(20) Child molestation in the first degree pursuant to section566.067, RSMo;
(21) Deviate sexual assault pursuant to section 566.070, RSMo;
(22) Sexual misconduct involving a child pursuant to section 566.083,RSMo;
(23) Sexual abuse pursuant to section 566.100, RSMo;
(24) Harassment under section 565.090, RSMo; or
(25) Stalking under section 565.225, RSMo;
committed on school property, including but not limited to actions on anyschool bus in service on behalf of the district or while involved in schoolactivities. The policy shall require that any portion of a student'sindividualized education program that is related to demonstrated orpotentially violent behavior shall be provided to any teacher and otherschool district employees who are directly responsible for the student'seducation or who otherwise interact with the student on an educationalbasis while acting within the scope of their assigned duties. The policyshall also contain the consequences of failure to obey standards of conductset by the local board of education, and the importance of the standards tothe maintenance of an atmosphere where orderly learning is possible andencouraged.
3. The policy shall provide that any student who is on suspension forany of the offenses listed in subsection 2 of this section or any act ofviolence or drug-related activity defined by school district policy as aserious violation of school discipline pursuant to subsection 9 of thissection shall have as a condition of his or her suspension the requirementthat such student is not allowed, while on such suspension, to be withinone thousand feet of any public school in the school district where suchstudent attended school unless:
(1) Such student is under the direct supervision of the student'sparent, legal guardian, or custodian;
(2) Such student is under the direct supervision of another adultdesignated by the student's parent, legal guardian, or custodian, inadvance, in writing, to the principal of the school which suspended thestudent;
(3) Such student is in an alternative school that is located withinone thousand feet of a public school in the school district where suchstudent attended school; or
(4) Such student resides within one thousand feet of any publicschool in the school district where such student attended school in whichcase such student may be on the property of his or her residence withoutdirect adult supervision.
4. Any student who violates the condition of suspension requiredpursuant to subsection 3 of this section may be subject to expulsion orfurther suspension pursuant to the provisions of sections 167.161, 167.164,and 167.171, RSMo. In making this determination consideration shall begiven to whether the student poses a threat to the safety of any child orschool employee and whether such student's unsupervised presence within onethousand feet of the school is disruptive to the educational process orundermines the effectiveness of the school's disciplinary policy. Removalof any pupil who is a student with a disability is subject to state andfederal procedural rights.
5. The policy shall provide for a suspension for a period of not lessthan one year, or expulsion, for a student who is determined to havebrought a weapon to school, including but not limited to the schoolplayground or the school parking lot, brought a weapon on a school bus orbrought a weapon to a school activity whether on or off of the schoolproperty in violation of district policy, except that:
(1) The superintendent or, in a school district with no high school,the principal of the school which such child attends may modify suchsuspension on a case-by-case basis; and
(2) This section shall not prevent the school district from providingeducational services in an alternative setting to a student suspended underthe provisions of this section.
6. For the purpose of this section, the term "weapon" shall mean afirearm as defined under 18 U.S.C. 921 and the following items, as definedin section 571.010, RSMo: a blackjack, a concealable firearm, an explosiveweapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, amachine gun, a projectile weapon, a rifle, a shotgun, a spring gun or aswitchblade knife; except that this section shall not be construed toprohibit a school board from adopting a policy to allow a Civil Warreenactor to carry a Civil War era weapon on school property foreducational purposes so long as the firearm is unloaded. The local boardof education shall define weapon in the discipline policy. Such definitionshall include the weapons defined in this subsection but may also includeother weapons.
7. All school district personnel responsible for the care andsupervision of students are authorized to hold every pupil strictlyaccountable for any disorderly conduct in school or on any property of theschool, on any school bus going to or returning from school, duringschool-sponsored activities, or during intermission or recess periods.
8. Teachers and other authorized district personnel in public schoolsresponsible for the care, supervision, and discipline of schoolchildren,including volunteers selected with reasonable care by the school district,shall not be civilly liable when acting in conformity with the establishedpolicy of discipline developed by each board under this section, or whenreporting to his or her supervisor or other person as mandated by state lawacts of school violence or threatened acts of school violence, within thecourse and scope of the duties of the teacher, authorized districtpersonnel or volunteer, when such individual is acting in conformity withthe established policies developed by the board. Nothing in this sectionshall be construed to create a new cause of action against such schooldistrict, or to relieve the school district from liability for thenegligent acts of such persons.
9. Each school board shall define in its discipline policy acts ofviolence and any other acts that constitute a serious violation of thatpolicy. "Acts of violence" as defined by school boards shall include butnot be limited to exertion of physical force by a student with the intentto do serious bodily harm to another person while on school property,including a school bus in service on behalf of the district, or whileinvolved in school activities. School districts shall for each studentenrolled in the school district compile and maintain records of any seriousviolation of the district's discipline policy. Such records shall be madeavailable to teachers and other school district employees with a need toknow while acting within the scope of their assigned duties, and shall beprovided as required in section 167.020, RSMo, to any school district inwhich the student subsequently attempts to enroll.
10. Spanking, when administered by certificated personnel of a schooldistrict in a reasonable manner in accordance with the local board ofeducation's written policy of discipline, is not abuse within the meaningof chapter 210, RSMo. The provisions of sections 210.110 to 210.165, RSMo,notwithstanding, the division of family services shall not havejurisdiction over or investigate any report of alleged child abuse arisingout of or related to any spanking administered in a reasonable manner byany certificated school personnel pursuant to a written policy ofdiscipline established by the board of education of the school district.Upon receipt of any reports of child abuse by the division of familyservices pursuant to sections 210.110 to 210.165, RSMo, which allegedlyinvolves personnel of a school district, the division of family servicesshall notify the superintendent of schools of the district or, if theperson named in the alleged incident is the superintendent of schools, thepresident of the school board of the school district where the allegedincident occurred. If, after an initial investigation, the superintendentof schools or the president of the school board finds that the reportinvolves an alleged incident of child abuse other than the administrationof a spanking by certificated school personnel pursuant to a written policyof discipline or a report made for the sole purpose of harassing a publicschool employee, the superintendent of schools or the president of theschool board shall immediately refer the matter back to the division offamily services and take no further action. In all matters referred backto the division of family services, the division of family services shalltreat the report in the same manner as other reports of alleged child abusereceived by the division. If the report pertains to an alleged incidentwhich arose out of or is related to a spanking administered by certificatedpersonnel of a school district pursuant to a written policy of disciplineor a report made for the sole purpose of harassing a public schoolemployee, a notification of the reported child abuse shall be sent by thesuperintendent of schools or the president of the school board to thejuvenile officer of the county in which the alleged incident occurred. Thereport shall be jointly investigated by the juvenile officer or a lawenforcement officer designated by the juvenile officer and thesuperintendent of schools or, if the subject of the report is thesuperintendent of schools, by the juvenile officer or a law enforcementofficer designated by the juvenile officer and the president of the schoolboard or such president's designee. The investigation shall begin no laterthan forty-eight hours after notification from the division of familyservices is received, and shall consist of, but need not be limited to,interviewing and recording statements of the child and the child's parentsor guardian within two working days after the start of the investigation,of the school district personnel allegedly involved in the report, and ofany witnesses to the alleged incident. The juvenile officer or a lawenforcement officer designated by the juvenile officer and theinvestigating school district personnel shall issue separate reports oftheir findings and recommendations after the conclusion of theinvestigation to the school board of the school district within seven daysafter receiving notice from the division of family services. The reportsshall contain a statement of conclusion as to whether the report of allegedchild abuse is substantiated or is unsubstantiated. The school board shallconsider the separate reports and shall issue its findings and conclusionsand the action to be taken, if any, within seven days after receiving thelast of the two reports. The findings and conclusions shall be made insubstantially the following form:
(1) The report of the alleged child abuse is unsubstantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school board personnel agree that theevidence shows that no abuse occurred;
(2) The report of the alleged child abuse is substantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school district personnel agree that theevidence is sufficient to support a finding that the alleged incident ofchild abuse did occur;
(3) The issue involved in the alleged incident of child abuse isunresolved. The juvenile officer or a law enforcement officer designatedby the juvenile officer and the investigating school personnel are unableto agree on their findings and conclusions on the alleged incident.
11. The findings and conclusions of the school board shall be sent tothe division of family services. If the findings and conclusions of theschool board are that the report of the alleged child abuse isunsubstantiated, the investigation shall be terminated, the case closed,and no record shall be entered in the division of family services' centralregistry. If the findings and conclusions of the school board are that thereport of the alleged child abuse is substantiated, the division of familyservices shall report the incident to the prosecuting attorney of theappropriate county along with the findings and conclusions of the schooldistrict and shall include the information in the division's centralregistry. If the findings and conclusions of the school board are that theissue involved in the alleged incident of child abuse is unresolved, thedivision of family services shall report the incident to the prosecutingattorney of the appropriate county along with the findings and conclusionsof the school board, however, the incident and the names of the partiesallegedly involved shall not be entered into the central registry of thedivision of family services unless and until the alleged child abuse issubstantiated by a court of competent jurisdiction.
12. Any superintendent of schools, president of a school board orsuch person's designee or juvenile officer who knowingly falsifies anyreport of any matter pursuant to this section or who knowingly withholdsany information relative to any investigation or report pursuant to thissection is guilty of a class A misdemeanor.
13. In order to ensure the safety of all students, should a studentbe expelled for bringing a weapon to school, violent behavior, or for anact of school violence, that student shall not, for the purposes of theaccreditation process of the Missouri school improvement plan, beconsidered a dropout or be included in the calculation of that district'seducational persistence ratio.
Discipline, written policy established by local boards ofeducation--contents--reporting requirements--additionalrestrictions for certain suspensions--weapons offense, mandatorysuspension or expulsion--no civil liability for authorizedpersonnel--spanking not child abuse, when--investigationprocedure--officials falsifying reports, penalty.
160.261. 1. The local board of education of each school districtshall clearly establish a written policy of discipline, including thedistrict's determination on the use of corporal punishment and theprocedures in which punishment will be applied. A written copy of thedistrict's discipline policy and corporal punishment procedures, ifapplicable, shall be provided to the pupil and parent or legal guardian ofevery pupil enrolled in the district at the beginning of each school yearand also made available in the office of the superintendent of suchdistrict, during normal business hours, for public inspection. Allemployees of the district shall annually receive instruction related to thespecific contents of the policy of discipline and any interpretationsnecessary to implement the provisions of the policy in the course of theirduties, including but not limited to approved methods of dealing with actsof school violence, disciplining students with disabilities and instructionin the necessity and requirements for confidentiality.
2. The policy shall require school administrators to report acts ofschool violence to teachers and other school district employees with a needto know. For the purposes of this chapter or chapter 167, RSMo, "need toknow" is defined as school personnel who are directly responsible for thestudent's education or who otherwise interact with the student on aprofessional basis while acting within the scope of their assigned duties.As used in this section, the phrase "act of school violence" or "violentbehavior" means the exertion of physical force by a student with the intentto do serious physical injury as defined in subdivision (6) of section565.002, RSMo, to another person while on school property, including aschool bus in service on behalf of the district, or while involved inschool activities. The policy shall at a minimum require schooladministrators to report, as soon as reasonably practical, to theappropriate law enforcement agency any of the following crimes, or any actwhich if committed by an adult would be one of the following crimes:
(1) First degree murder under section 565.020, RSMo;
(2) Second degree murder under section 565.021, RSMo;
(3) Kidnapping under section 565.110, RSMo;
(4) First degree assault under section 565.050, RSMo;
(5) Forcible rape under section 566.030, RSMo;
(6) Forcible sodomy under section 566.060, RSMo;
(7) Burglary in the first degree under section 569.160, RSMo;
(8) Burglary in the second degree under section 569.170, RSMo;
(9) Robbery in the first degree under section 569.020, RSMo;
(10) Distribution of drugs under section 195.211, RSMo;
(11) Distribution of drugs to a minor under section 195.212, RSMo;
(12) Arson in the first degree under section 569.040, RSMo;
(13) Voluntary manslaughter under section 565.023, RSMo;
(14) Involuntary manslaughter under section 565.024, RSMo;
(15) Second degree assault under section 565.060, RSMo;
(16) Sexual assault under section 566.040, RSMo;
(17) Felonious restraint under section 565.120, RSMo;
(18) Property damage in the first degree under section 569.100, RSMo;
(19) The possession of a weapon under chapter 571, RSMo;
(20) Child molestation in the first degree pursuant to section566.067, RSMo;
(21) Deviate sexual assault pursuant to section 566.070, RSMo;
(22) Sexual misconduct involving a child pursuant to section 566.083,RSMo;
(23) Sexual abuse pursuant to section 566.100, RSMo;
(24) Harassment under section 565.090, RSMo; or
(25) Stalking under section 565.225, RSMo;
committed on school property, including but not limited to actions on anyschool bus in service on behalf of the district or while involved in schoolactivities. The policy shall require that any portion of a student'sindividualized education program that is related to demonstrated orpotentially violent behavior shall be provided to any teacher and otherschool district employees who are directly responsible for the student'seducation or who otherwise interact with the student on an educationalbasis while acting within the scope of their assigned duties. The policyshall also contain the consequences of failure to obey standards of conductset by the local board of education, and the importance of the standards tothe maintenance of an atmosphere where orderly learning is possible andencouraged.
3. The policy shall provide that any student who is on suspension forany of the offenses listed in subsection 2 of this section or any act ofviolence or drug-related activity defined by school district policy as aserious violation of school discipline pursuant to subsection 9 of thissection shall have as a condition of his or her suspension the requirementthat such student is not allowed, while on such suspension, to be withinone thousand feet of any public school in the school district where suchstudent attended school unless:
(1) Such student is under the direct supervision of the student'sparent, legal guardian, or custodian;
(2) Such student is under the direct supervision of another adultdesignated by the student's parent, legal guardian, or custodian, inadvance, in writing, to the principal of the school which suspended thestudent;
(3) Such student is in an alternative school that is located withinone thousand feet of a public school in the school district where suchstudent attended school; or
(4) Such student resides within one thousand feet of any publicschool in the school district where such student attended school in whichcase such student may be on the property of his or her residence withoutdirect adult supervision.
4. Any student who violates the condition of suspension requiredpursuant to subsection 3 of this section may be subject to expulsion orfurther suspension pursuant to the provisions of sections 167.161, 167.164,and 167.171, RSMo. In making this determination consideration shall begiven to whether the student poses a threat to the safety of any child orschool employee and whether such student's unsupervised presence within onethousand feet of the school is disruptive to the educational process orundermines the effectiveness of the school's disciplinary policy. Removalof any pupil who is a student with a disability is subject to state andfederal procedural rights.
5. The policy shall provide for a suspension for a period of not lessthan one year, or expulsion, for a student who is determined to havebrought a weapon to school, including but not limited to the schoolplayground or the school parking lot, brought a weapon on a school bus orbrought a weapon to a school activity whether on or off of the schoolproperty in violation of district policy, except that:
(1) The superintendent or, in a school district with no high school,the principal of the school which such child attends may modify suchsuspension on a case-by-case basis; and
(2) This section shall not prevent the school district from providingeducational services in an alternative setting to a student suspended underthe provisions of this section.
6. For the purpose of this section, the term "weapon" shall mean afirearm as defined under 18 U.S.C. 921 and the following items, as definedin section 571.010, RSMo: a blackjack, a concealable firearm, an explosiveweapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, amachine gun, a projectile weapon, a rifle, a shotgun, a spring gun or aswitchblade knife; except that this section shall not be construed toprohibit a school board from adopting a policy to allow a Civil Warreenactor to carry a Civil War era weapon on school property foreducational purposes so long as the firearm is unloaded. The local boardof education shall define weapon in the discipline policy. Such definitionshall include the weapons defined in this subsection but may also includeother weapons.
7. All school district personnel responsible for the care andsupervision of students are authorized to hold every pupil strictlyaccountable for any disorderly conduct in school or on any property of theschool, on any school bus going to or returning from school, duringschool-sponsored activities, or during intermission or recess periods.
8. Teachers and other authorized district personnel in public schoolsresponsible for the care, supervision, and discipline of schoolchildren,including volunteers selected with reasonable care by the school district,shall not be civilly liable when acting in conformity with the establishedpolicy of discipline developed by each board under this section, or whenreporting to his or her supervisor or other person as mandated by state lawacts of school violence or threatened acts of school violence, within thecourse and scope of the duties of the teacher, authorized districtpersonnel or volunteer, when such individual is acting in conformity withthe established policies developed by the board. Nothing in this sectionshall be construed to create a new cause of action against such schooldistrict, or to relieve the school district from liability for thenegligent acts of such persons.
9. Each school board shall define in its discipline policy acts ofviolence and any other acts that constitute a serious violation of thatpolicy. "Acts of violence" as defined by school boards shall include butnot be limited to exertion of physical force by a student with the intentto do serious bodily harm to another person while on school property,including a school bus in service on behalf of the district, or whileinvolved in school activities. School districts shall for each studentenrolled in the school district compile and maintain records of any seriousviolation of the district's discipline policy. Such records shall be madeavailable to teachers and other school district employees with a need toknow while acting within the scope of their assigned duties, and shall beprovided as required in section 167.020, RSMo, to any school district inwhich the student subsequently attempts to enroll.
10. Spanking, when administered by certificated personnel of a schooldistrict in a reasonable manner in accordance with the local board ofeducation's written policy of discipline, is not abuse within the meaningof chapter 210, RSMo. The provisions of sections 210.110 to 210.165, RSMo,notwithstanding, the division of family services shall not havejurisdiction over or investigate any report of alleged child abuse arisingout of or related to any spanking administered in a reasonable manner byany certificated school personnel pursuant to a written policy ofdiscipline established by the board of education of the school district.Upon receipt of any reports of child abuse by the division of familyservices pursuant to sections 210.110 to 210.165, RSMo, which allegedlyinvolves personnel of a school district, the division of family servicesshall notify the superintendent of schools of the district or, if theperson named in the alleged incident is the superintendent of schools, thepresident of the school board of the school district where the allegedincident occurred. If, after an initial investigation, the superintendentof schools or the president of the school board finds that the reportinvolves an alleged incident of child abuse other than the administrationof a spanking by certificated school personnel pursuant to a written policyof discipline or a report made for the sole purpose of harassing a publicschool employee, the superintendent of schools or the president of theschool board shall immediately refer the matter back to the division offamily services and take no further action. In all matters referred backto the division of family services, the division of family services shalltreat the report in the same manner as other reports of alleged child abusereceived by the division. If the report pertains to an alleged incidentwhich arose out of or is related to a spanking administered by certificatedpersonnel of a school district pursuant to a written policy of disciplineor a report made for the sole purpose of harassing a public schoolemployee, a notification of the reported child abuse shall be sent by thesuperintendent of schools or the president of the school board to thejuvenile officer of the county in which the alleged incident occurred. Thereport shall be jointly investigated by the juvenile officer or a lawenforcement officer designated by the juvenile officer and thesuperintendent of schools or, if the subject of the report is thesuperintendent of schools, by the juvenile officer or a law enforcementofficer designated by the juvenile officer and the president of the schoolboard or such president's designee. The investigation shall begin no laterthan forty-eight hours after notification from the division of familyservices is received, and shall consist of, but need not be limited to,interviewing and recording statements of the child and the child's parentsor guardian within two working days after the start of the investigation,of the school district personnel allegedly involved in the report, and ofany witnesses to the alleged incident. The juvenile officer or a lawenforcement officer designated by the juvenile officer and theinvestigating school district personnel shall issue separate reports oftheir findings and recommendations after the conclusion of theinvestigation to the school board of the school district within seven daysafter receiving notice from the division of family services. The reportsshall contain a statement of conclusion as to whether the report of allegedchild abuse is substantiated or is unsubstantiated. The school board shallconsider the separate reports and shall issue its findings and conclusionsand the action to be taken, if any, within seven days after receiving thelast of the two reports. The findings and conclusions shall be made insubstantially the following form:
(1) The report of the alleged child abuse is unsubstantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school board personnel agree that theevidence shows that no abuse occurred;
(2) The report of the alleged child abuse is substantiated. Thejuvenile officer or a law enforcement officer designated by the juvenileofficer and the investigating school district personnel agree that theevidence is sufficient to support a finding that the alleged incident ofchild abuse did occur;
(3) The issue involved in the alleged incident of child abuse isunresolved. The juvenile officer or a law enforcement officer designatedby the juvenile officer and the investigating school personnel are unableto agree on their findings and conclusions on the alleged incident.
11. The findings and conclusions of the school board shall be sent tothe division of family services. If the findings and conclusions of theschool board are that the report of the alleged child abuse isunsubstantiated, the investigation shall be terminated, the case closed,and no record shall be entered in the division of family services' centralregistry. If the findings and conclusions of the school board are that thereport of the alleged child abuse is substantiated, the division of familyservices shall report the incident to the prosecuting attorney of theappropriate county along with the findings and conclusions of the schooldistrict and shall include the information in the division's centralregistry. If the findings and conclusions of the school board are that theissue involved in the alleged incident of child abuse is unresolved, thedivision of family services shall report the incident to the prosecutingattorney of the appropriate county along with the findings and conclusionsof the school board, however, the incident and the names of the partiesallegedly involved shall not be entered into the central registry of thedivision of family services unless and until the alleged child abuse issubstantiated by a court of competent jurisdiction.
12. Any superintendent of schools, president of a school board orsuch person's designee or juvenile officer who knowingly falsifies anyreport of any matter pursuant to this section or who knowingly withholdsany information relative to any investigation or report pursuant to thissection is guilty of a class A misdemeanor.
13. In order to ensure the safety of all students, should a studentbe expelled for bringing a weapon to school, violent behavior, or for anact of school violence, that student shall not, for the purposes of theaccreditation process of the Missouri school improvement plan, beconsidered a dropout or be included in the calculation of that district'seducational persistence ratio.
