CCS SCS HS HCS HB 1301 & 1298 -- SCHOOL SAFETY

This bill makes several changes regarding school safety and the
reporting requirements of juvenile officers and school officials.

ALTERNATIVE EDUCATION

The Department of Elementary and Secondary Education is directed
to award grants to school districts and area vocational schools
for alternative education programs for pupils who cannot be
adequately served in the traditional classroom setting.
Districts are encouraged to submit joint applications.

Per pupil funding associated with a pupil must be provided by
the district of domicile to another school district providing
alternative education for the pupil.  A school district may
contract with political subdivisions, public agencies, nonprofit
organizations, and private agencies to provide alternative
education programs.

ASSAULT ON SCHOOL PROPERTY

The bill establishes the crime of assault while on school
property.  A person commits the crime of assault while on school
property if the person:

(1) Knowingly causes physical injury to another person; or

(2) With criminal negligence, causes physical injury to another
person by means of a deadly weapon; or

(3) Recklessly engages in conduct which creates a grave risk of
death or serious physical injury to another person;

and the act occurred on school or school district property, or
in a vehicle that at the time of the act was in the service of a
school or  school district, or arose as a result of a school or
school district sponsored activity.

Assault while on school property is a class D felony.

REPORTING BY SCHOOL OFFICIALS AND JUVENILE OFFICERS

School administrators are required to report acts of school
violence.  Acts of school violence will be reported by school
administrators to teachers and other employees with a need to
know of such acts.  Any portion of a disabled student's
Individualized Education Plan (IEP) which indicates violent
behavior will be provided to school employees responsible for
the student's education.  School administrators must also report
to law enforcement agencies certain felonies or acts that would
constitute these felonies if committed by an adult on school
property.  These are: (1) first degree murder; (2) second degree
murder; (3) kidnapping; (4) first degree assault; (5) forcible
rape; (6) forcible sodomy; (7) burglary in the first degree; (8)
burglary in the second degree; (9) robbery in the first degree;
(10) distribution of drugs; (11) arson in the first degree; (12)
possession of a weapon; (13) voluntary manslaughter; (14)
involuntary manslaughter; (15) second degree assault; (16)
sexual assault;  (17) felonious restraint; and (18) property
damage in the first degree.   A school district may place
certain students with disabilities, who are likely to cause
injury to themselves or others, in a more appropriate placement,
consistent with federal law.  A school board is authorized to
immediately remove a pupil upon a finding by a principal,
superintendent, or the board that such pupil poses a threat of
harm to self or others, based upon the child's prior conduct.
All school employees must annually receive job-related
instructions on dealing with acts of school violence, the
disciplining of pupils with disabilities, and the requirements
of confidentiality.

The reporting requirements for juvenile officers and school
officials are as follows:

(1) The juvenile officer must notify the superintendent of the
school district as soon as reasonably practical when an
information or a juvenile petition is filed alleging that a
pupil has committed one of the following acts: (1) first degree
murder; (2) second degree murder; (3) felony kidnapping; (4)
first degree assault; (5) forcible rape; (6) forcible sodomy;
(7) burglary in the first degree; (8) robbery in the first
degree; (9) distribution of drugs; (10) arson in the first
degree; (11) possession of a weapon; (12) voluntary
manslaughter; (13) involuntary manslaughter; (14) second degree
assault; (15) sexual assault;  (16) felonious restraint; and
(17) property damage in the first degree.  The notice must be
timely made orally and in writing.  The timeliness requirement
is met when notice is given within 5 days of the filing of the
petition. The notice must include a complete description of the
alleged conduct and the dates the conduct occurred.  The notice
cannot include the name of the victim;

(2) When any person allegedly commits an assault in the first,
second, or third degree, sexual assault, or deviate sexual
assault against a pupil or school employee on school property,
the principal must immediately report the incident to the police
and the school superintendent;

(3) When a pupil possesses controlled substances or weapons, the
principal must immediately report the incident to the police and
the superintendent;

(4) When a teacher is aware of an assault, or of a pupil in
possession of a weapon or unlawful drugs, the teacher must
immediately report the incident to the principal;

(5) The superintendent is required to notify the juvenile court
of a pupil's suspension or expulsion for 10 or more days; and

(6) The superintendent may be called as a consultant at any
dispositional proceeding pursuant to section 211.031, RSMo, that
involves a pupil's academic treatment plan.

Under the bill, school employees or officials who report these
incidents are not held civilly liable.  A school official who
willfully fails to comply with reporting requirements is guilty
of a class A misdemeanor. The bill requires the State Board of
Education to formulate a policy which may be adopted by school
districts that allows for the expungement of disciplinary
records for pupils who no longer present disciplinary problems
in school or have graduated or reached the age of 21.  Records
relating to the felonies specified in the bill may not be
expunged, unless the petition regarding an act is dismissed or
the pupil is found not to have committed the act.

Upon finding that a pupil poses a threat of harm to self or
others, a school board, principal, or superintendent may
authorize the immediate removal of such pupil by suspension or
expulsion.  At the hearing, the school board may consider
records of past disciplinary actions, juvenile court records, or
the actions of the pupil which would constitute a criminal
offense.  A conference to review the pupil's conduct that
resulted in the suspension or expulsion must be held involving
the pupil, the parent or guardian of the pupil, school
officials, and any agency having care, custody, or control of
the pupil.

STATEWIDE SUSPENSIONS

No school board is permitted to readmit or enroll a pupil
suspended or expelled for having committed certain felonies. The
pupil, the parent, or legal guardian may request a conference to
review the pupil's conduct.  If a pupil attempts to enroll in a
school district after a suspension or expulsion from another
school district and a determination is made that the pupil's
conduct would have resulted in a suspension or expulsion in the
enrolling district, the enrolling school district may uphold the
suspension. An enrolling school district that determines that
the pupil would not have been suspended in its district for the
alleged act will admit the pupil.  Any pupil convicted of,
adjudicated to have committed, indicted or information filed
for, or for whom a juvenile petition is filed alleging the
commission of (1) first degree murder, (2) second degree murder,
(3) felony kidnapping, (4) first degree assault, (5) forcible
rape, (6) forcible sodomy, (7) robbery in the first degree, (8)
distribution of drugs to a minor, or (9) arson in the first
degree, will not be permitted to enroll in any school district
in the state.  An enrolling district may refuse to uphold a
suspension or expulsion by another school district if a pupil
has been adjudicated not guilty, acquitted, a petition is
dismissed, or the student is disabled.

IN-SCHOOL SUSPENSIONS

School districts are encouraged to provide in-school suspensions
and other discipline alternatives prior to utilizing long-term
suspensions or expulsions.  Suspension or expulsion of a pupil
under the bill does not relieve the state or the parent or
guardian of responsibility for education of the pupil.  School
districts must exhaust all other disciplinary options before
suspending a pupil and must insure that suspended pupils
continue educational activities that advance them toward
graduation.

REGISTRATION

The bill requires new pupils to register in a school district
accompanied by a parent or court-appointed legal guardian.  The
parent or guardian must provide a form of proof that the pupil
is eligible to register in the district or has requested a
hardship or good cause waiver within the last 45 days.  The
registration process may require a parent or legal guardian of
the child to provide upon enrollment a sworn statement
indicating whether the pupil has been expelled from school
attendance in this state or another state for weapons, alcohol,
drugs, or the willful infliction of injury to another person.  A
false statement or affirmation in this area is a class B
misdemeanor. A hardship or good cause is basis for a waiver to
be granted by the district board, and an adverse decision is
appealable by an aggrieved party.  Any person submitting false
information in satisfying residency registration requirements is
guilty of a class A misdemeanor.  The school board may institute
a civil action to recover costs of education for any pupil whose
registration was based on false information.  Written
reciprocity agreements between school districts are allowed.
The registration requirements will not apply to a homeless
child, as defined by the bill, or children with disabilities;
children who are wards of the state; children who are bused into
a school district; or children who are enrolled in alternative
education.

TRANSFER OF SCHOOL RECORDS

Any public elementary or secondary school must comply with a
request to forward a copy of a transferring pupil's academic and
discipline records to the new school within 5 days.

SCHOOL VIOLENCE EDUCATIONAL PROGRAMS

The Department of Elementary and Secondary Education will
implement programs of educational instruction regarding violence
prevention and an instructional program that communicates the
negative consequences of criminal gang activity to pupils.
Beginning in the 1998-99 school year, all public school
districts may administer the program at all grade levels.
Instruction in violence prevention cannot be offered for
academic credit.

WEAPONS

School disciplinary policies, with exceptions, must require
expulsion of pupils who possess a weapon on school property.
Weapons are defined by the bill; local school boards may include
other weapons.  Schools are required to compile, for each
student, a record of all serious violations of the policy.

CORPORAL PUNISHMENT

School boards must establish a written policy on the use and
administration of corporal punishment.  The local school
district's discipline and corporal punishment procedures will be
provided to the pupil and parent or legal guardian of every
pupil at the beginning of the school year.

DRUG FREE ZONES

The bill extends drug free school zones from a radius of 1,000
feet to 2,000 feet around school property and makes school buses
drug free zones.

OTHER PROVISIONS

In other provisions the bill:

(1) Authorizes a court to order a juvenile, adjudicated for a
nonviolent offense and ordered to make restitution, to work for
a private employer at up to minimum wage;

(2) Allows people over the age of 70 to apply for school bus
operator's permits, which will be renewed annually.  To renew a
permit, applicants over the age of 70 must annually pass a
medical examination, a written skills test, and a driving test.
This bill also denies public school bus operator's permits to
applicants who have pled guilty to or been found guilty of
specified felonies or misdemeanors.  The Highway Patrol is
authorized to obtain any information from the Federal Bureau of
Investigation that might aid in providing the record or denial
of clearance.  These provisions concerning school bus drivers
have an emergency clause;

(3) Requires effective August 28, 1996, any new school bus that
will be used to transport Head Start children to have markings
indicating that it is a Head Start school bus. Any school bus
currently used to transport children in a Head Start program may
bear markings indicating that it is a Head Start school bus;

(4) Increases the penalty for making a false bomb report from a
class A misdemeanor to a class D felony;

(5) Adds vehicles owned or leased by school districts or private
schools to the property protected against the crime of
institutional vandalism;

(6) Allows school districts to elect every 2 years to establish
a program to train students in the administration of
cardiopulmonary resuscitation (CPR);

(7) Permits school boards to allow pupils to self-administer by
a metered dose inhaler for treatment of asthma or other
potentially life-threatening respiratory illnesses;

(8) Increases the criminal penalty for the possession of
ephedrine or its derivatives to a class D felony;

(9) Authorizes the State Board of Education to grant waivers of
administrative rules and policies upon request by a district or
districts;

(10) Allows any school which offers more than one section of a
regular instruction class to offer one or more "motivated"
sections of the class.  Students may apply for entrance into a
motivated section and must agree to do all homework, with
exceptions, and agree to be respectful to teachers and other
students at all times.  Students will be transferred to regular
sections upon the third violation of the "motivated" class
contract; and

(11) Permits the St. Louis City school district to establish a
dress code policy requiring pupils to wear a school uniform
where deemed appropriate.

HS HCS HB 1301, 1298 -- SCHOOL SAFETY (McLuckie)

This substitute makes several changes regarding school safety
and the reporting requirements of juvenile officers and school
officials.

ALTERNATIVE EDUCATION

The Department of Elementary and Secondary Education is directed
to award grants to school districts and area vocational schools
for alternative education programs for pupils who cannot be
adequately served in the traditional classroom setting.  School
districts are required to annually report to the department the
names and addresses of disruptive pupils suspended out of school
due to lack of available alternative education programs.  Future
funding for the programs will be determined by the collected
data.  Districts are encouraged to submit joint applications.

REPORTING BY SCHOOL OFFICIALS AND JUVENILE OFFICERS

School administrators are required to report acts of school
violence by a pupil against teachers and other school district
employees responsible for the pupil's education or who interact
with the pupil on a professional basis.  School administrators
must also report to law enforcement agencies certain felonies or
acts that would constitute these felonies if committed by an
adult on school property.  These are: (1) first degree murder;
(2) second degree murder; (3) kidnapping; (4) first degree
assault; (5) forcible rape; (6) forcible sodomy; (7) burglary in
the second degree; (8) robbery in the first degree; (9)
distribution of drugs; (10) arson in the first degree; (11)
possession of a weapon; (12) voluntary manslaughter; (13)
involuntary manslaughter; (14) second degree assault; (15)
sexual assault;  (16) felonious restraint; and (17) property
damage in the first degree.   The school district must initiate
procedures to remove a pupil with a violent behavioral
disability to an appropriate setting consistent with federal and
state law.  All school employees must annually receive job--
related instructions on dealing with acts of school violence,
the disciplining of pupils with disabilities, and the
requirements of confidentiality.

The reporting requirements for juvenile officers and school
officials are as follows:

(1) The juvenile officer must notify the superintendent of the
school district as soon as reasonably practical when an
information or a juvenile petition is filed alleging that a
pupil has committed one of the following acts: (1) first degree
murder; (2) second degree murder; (3) kidnapping; (4) first
degree assault; (5) forcible rape; (6) forcible sodomy; (7)
burglary in the first degree; (8) robbery in the first degree;
(9) distribution of drugs; (10) arson in the first degree; (11)
possession of a weapon; (12) voluntary manslaughter; (13)
involuntary manslaughter; (14) second degree assault; (15)
sexual assault;  (16) felonious restraint; and (17) property
damage in the first degree.  The notice must be timely made
orally and in writing.  The timeliness requirement is met when
notice is given prior to the return of the pupil to school or
within 5 days, whichever is shorter.  The notice must include a
complete description of the alleged conduct and the dates the
conduct occurred.  It cannot include the name of the victim;

(2) When any person allegedly commits an assault in the first,
second, or third degree, sexual assault, or deviate sexual
assault against a pupil or school employee on school property
the principal must immediately report the incident to the police
and the school superintendent;

(3) When a pupil possesses controlled substances or weapons, the
principal must immediately report the incident to the police and
the superintendent;

(4) When a teacher is aware of an assault, or of a pupil in
possession of a weapon or unlawful drugs, the teacher must
immediately report the incident to the principal; and

(5) The superintendent is required to notify the juvenile court
of a pupil's suspension or expulsion for 10 or more days;

Under the substitute, school employees or officials who report
these incidents are not held civilly liable.  A school official
who willfully fails to comply with reporting requirements is
guilty of a class A misdemeanor. The substitute requires the
Department of Elementary and Secondary Education to formulate a
policy which may be adopted by school districts that allows for
the expungment of disciplinary records for pupils who no longer
present disciplinary problems in school.

Upon finding that a pupil poses a threat of harm to himself or
others, a school board, principal, or superintendent may
authorize the immediate removal of such pupil by suspension or
expulsion.  At the hearing, the school board may consider
records of past disciplinary actions, juvenile court records, or
the actions of the pupil which would constitute a criminal
offense.  A conference to review the pupil's conduct that
resulted in the suspension or expulsion must be held involving
the pupil, the parent or guardian of the pupil, school
officials, the juvenile officer, and any agency having care,
custody, or control of the pupil.

STATEWIDE SUSPENSIONS

No school board is permitted to readmit or enroll a pupil
suspended or expelled without first holding a conference to
review the pupil's conduct.  If a pupil attempts to enroll in a
school district after a suspension or expulsion from another
school district and a determination is made that the pupil's
conduct would have resulted in a suspension or expulsion in the
enrolling district, the enrolling school district must uphold
the suspension unless the pupil is enrolled in an alternative
education program. An enrolling school district that determines
that the pupil would not have been suspended in its district for
the alleged act will admit the pupil.  Any pupil convicted of,
adjudicated to have committed, indicted or information filed
for, or for whom a juvenile petition is filed alleging the
commission of (1) first degree murder, (2) second degree murder,
(3) kidnapping, (4) first degree assault, (5) forcible rape, (6)
forcible sodomy, (7) robbery in the first degree, (8)
distribution of drugs, or (9) arson in the first degree, will
not be permitted to enroll in any school district in the state.
An enrolling district may refuse to uphold the suspension or
expulsion of another school district after a pupil has been
suspended or expelled for one year.

IN-SCHOOL SUSPENSIONS

School districts are encouraged to provide in-school
suspensions, and other discipline alternatives prior to
utilizing long-term suspensions or expulsions.

REGISTRATION

The substitute requires new pupils to register in a school
district accompanied by a parent, or court-appointed legal
guardian.  The parent or guardian must provide a form of proof
that the pupil is eligible to register in the district or has
requested a hardship or good cause waiver within the last 45
days.  The registration process may require a parent, guardian,
or caretaker of the child to provide upon enrollment a sworn
statement indicating whether the pupil has been expelled from
school attendance in this state or another state for weapons,
alcohol, drugs, or the willful infliction of injury to another
person.  A false statement or affirmation in this area is a
class B misdemeanor. A hardship or good cause is basis for a
waiver to be granted by the district board, and an adverse
decision is appealable by an aggrieved party.  Any person
submitting false information in satisfying residency
registration requirements is guilty of a class A misdemeanor.
The school board may institute a civil action to recover costs
of education for any pupil whose registration was based on false
information.  Written reciprocity agreements between school
districts are allowed.  The registration requirements will not
apply to a homeless child, as defined by the bill, or children
with disabilities; children who are wards of the state; children
who are bussed into a school district; or children who are
enrolled in alternative education.

The substitute also allows St. Louis city schools to adopt a
dress code policy requiring school uniforms if deemed
appropriate.

TRANSFER OF SCHOOL RECORDS

Any public elementary or secondary school must comply with a
request to forward a copy of a transferring pupil's academic and
discipline records to the new school within 7 days.

SCHOOL VIOLENCE EDUCATIONAL PROGRAMS

The Department of Elementary and Secondary Education will
implement programs of educational instruction regarding violence
prevention and an instructional program that communicates the
negative consequences of criminal gang activity to pupils.
Beginning in the 1998-99 school year, all public school
districts may administer the program at all grade levels.

WEAPONS

School disciplinary policies must require expulsion of pupils
who possess a weapon on school property.  Weapons are defined by
the substitute; local school boards may include other weapons.
Expulsion will be considered by the local school board on a case
by case basis.

CORPORAL PUNISHMENT

School boards must establish a written policy on the use and
administration of corporal punishment.  The local school
district's discipline and corporal punishment procedures will be
provided to the parent or legal guardian of every pupil at the
beginning of the school year.

DRUG FREE ZONES

The bill extends drug free school zones from 1,000 feet to 2,000
feet from school property or any school bus.

FISCAL NOTE:  Cost to General Revenue Fund of $47,283 to
$10,047,283 in FY 97, $50,099 to $5,050,099 in FY 98, $51,379 to
$5,051,379 in FY 99.

HCS HB 1301 & 1298 -- SCHOOL SAFETY

SPONSOR:  Smith (McLuckie)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Science,
Technology and Critical Issues by a vote of 12 to 5, 1 present.

This substitute makes several changes regarding school safety
and the reporting requirements of juvenile officers and school
officials.

FELONY TO STRIKE SCHOOL PERSONNEL

The substitute makes it a class C felony for a person to assault
school personnel, if the person attempts to cause or knowingly
causes physical injury by means of a deadly weapon to school
district employees who are performing duties for the school
district at the time of the injury.

ALTERNATIVE EDUCATION

The Department of Elementary and Secondary Education is directed
to award grants to school districts and area vocational schools
for alternative education programs for pupils who cannot be
adequately served in the traditional classroom setting.
Districts are encouraged to submit joint applications.

REPORTING BY SCHOOL OFFICIALS AND JUVENILE OFFICERS

School administrators are required to report acts of school
violence against teachers and other school district employees
responsible for the student's education or who interact with the
student on a professional basis.  School administrators must
also report to law enforcement agencies certain felonies or acts
that would constitute these felonies if committed by an adult on
school property.  These are: (1) first degree murder; (2) second
degree murder; (3) kidnapping; (4) first degree assault; (5)
forcible rape; (6) forcible sodomy; (7) robbery in the first
degree; (8) distribution of drugs; (9) arson in the first
degree; (10) possession of a weapon; (11) voluntary
manslaughter; (12) involuntary manslaughter; (13) second degree
assault; (14) sexual assault; (15) stealing when the value is
over $150; (16) felonious restraint; and (17) property damage in
the first degree.   The school district must initiate procedures
to remove a student with a violent behavioral disability to an
appropriate setting consistent with federal and state law.  All
school employees must annually receive job-related instructions
on dealing with acts of school violence, the disciplining of
students with disabilities, and the requirements of
confidentiality.

The reporting requirements for juvenile officers and school
officials are as follows:

(1) The juvenile officer must notify the superintendent of the
school district as soon as reasonably practical when an
information or a juvenile petition is filed alleging the pupil
has committed one of the following acts: (1) first degree
murder; (2) second degree murder; (3) kidnapping; (4) first
degree assault; (5) forcible rape; (6) forcible sodomy; (7)
robbery in the first degree; (8) distribution of drugs; (9)
arson in the first degree; (10) possession of a weapon; (11)
voluntary manslaughter; (12) involuntary manslaughter; (13)
second degree assault; (14) sexual assault; (15) stealing when
the value is over $150; (16) felonious restraint; and (17)
property damage in the first degree.  The notice must be timely
made orally and in writing.  The timeliness requirement is met
when notice is given prior to the return of the student to
school or within 5 days, whichever is shorter.  The notice must
include a complete description of the alleged conduct and the
dates the conduct occurred.  It cannot include the name of the
victim;

(2) When any person allegedly commits an assault in the first,
second, or third degree, sexual assault, or deviate sexual
assault against a pupil or school employee, the principal must
immediately report the incident to the police and the school
superintendent;

(3) When a pupil possesses controlled substances or weapons, the
principal must immediately report the incident to the police and
the superintendent;

(4) When a teacher is aware of an assault, or of a student in
possession of a weapon or unlawful drugs, the teacher must
immediately report the incident to the principal; and

(5) The superintendent is required to notify the juvenile court
of a student's suspension or expulsion for 10 or more days;

Under the substitute, school employees or officials who report
these incidents are not held civilly liable.  A school official
who willfully fails to comply with reporting requirements is
subject to a class A misdemeanor. The bill requires the
Department of Elementary and Secondary Education to formulate a
policy which may be adopted by school districts that allows for
the expungment of disciplinary records for students who no
longer present disciplinary problems in school.

Upon finding that a pupil poses a threat of harm to himself or
others, a school board, principal, or superintendent may
authorize the immediate removal of such pupil by suspension or
expulsion.  At the hearing, the school board may consider
records of past disciplinary actions, juvenile court records, or
the actions of the pupil which would constitute a criminal
offense.  A conference to review the student's conduct that
resulted in the suspension or expulsion must be held involving
the student, the parent or guardian of the student, school
officials, the juvenile officer, and any agency having care,
custody, or control of the student.

STATEWIDE SUSPENSIONS

No school board is permitted to readmit or enroll a student
suspended or expelled without first holding a conference to
review the student's conduct.  If a student attempts to enroll
in a school district after a suspension or expulsion from
another school district and a determination is made that the
student's conduct would have resulted in a suspension or
expulsion in the enrolling district, the enrolling school
district must uphold the suspension unless the pupil is enrolled
in an alternative education program. An enrolling school
district that determines that the student would not have been
suspended in its district for the alleged act will admit the
student.  Any student for whom a petition is filed alleging the
commission of

(1) first degree murder, (2) second degree murder, (3)
kidnapping, (4) first degree assault, (5) forcible rape, (6)
forcible sodomy, (7) robbery in the first degree, (8)
distribution of drugs, (9) arson in the first degree, or (10)
possession of a weapon, plus weapons possession or drug
distribution, will not be permitted to enroll in any school
district in the state.

IN-SCHOOL SUSPENSIONS

School districts must place students in in-school suspension,
with exceptions for (1) dangerous students, (2) insufficient
school resources, or (3) placement in alternative education
programs.

REGISTRATION

The substitute requires new pupils to register in a school
district accompanied by an immediate family member over age 25,
by a parent, or court-appointed legal guardian.  The parent,
guardian, or the family member over age 25 must provide a form
of proof that the pupil is eligible to register in the district
or has requested a hardship or good cause waiver within the last
45 days.  The registration process may require a parent,
guardian, or caretaker of the child to provide upon enrollment a
sworn statement indicating whether the student has been expelled
from school attendance in this state or another state for
weapons, alcohol, drugs, or the willful infliction of injury to
another person.  A false statement or affirmation in this area
is a class B misdemeanor. A hardship or good cause is basis for
a waiver to be granted by the district board, and an adverse
decision is appealable by an aggrieved party.  Any person
submitting false information in satisfying residency
registration requirements is guilty of a class A misdemeanor.
The school board may institute a civil action to recover costs
of education for any pupil whose registration was based on false
information.  Written reciprocity agreements between school
districts are allowed.  The registration requirements will not
apply to a homeless child, as defined by the bill, or children
with disabilities; children who are wards of the state; children
who are bussed into a school district; or children who are
enrolled in alternative education.

TRANSFER OF SCHOOL RECORDS

Any public elementary or secondary school must comply with a
request to forward a copy of a transferring student's academic
and discipline records to the new school within 7 days.

SCHOOL VIOLENCE EDUCATIONAL PROGRAMS

The Department of Elementary and Secondary Education will
implement programs of educational instruction regarding violence
prevention and an instructional program that communicates the
negative consequences of criminal gang activity to students.
Beginning in the 1998-99 school year, all public school
districts may administer the program at all grade levels.

WEAPONS

School disciplinary policies must require expulsion of students
who possess a weapon on school property.  Expulsion will be
considered by the local school board on a case by case basis.

CORPORAL PUNISHMENT

School boards must establish a written policy on the use and
administration of corporal punishment.

DRUG FREE ZONES

The bill extends drug free school zones from 1,000 feet to 2,000
feet from school property or any school bus.

FISCAL NOTE:  Cost to General Revenue Fund of $47,283 to
$10,047,283 in FY 97, $50,099 to $5,050,099 in FY 98, and
$51,379 to $5,051,379 in FY 99.

PROPONENTS:  Supporters say that the bill helps to establish a
safe environment for students and school personnel in the
state's school system. The bill puts any person on notice that
striking a teacher or other school personnel is a felony.  In
addition the bill fosters communication and cooperation between
school officials and juvenile authorities as they share
information concerning students who are the subject of criminal
or juvenile proceedings.  Also, the bill takes a strong position
that drugs and weapons will not be tolerated in our schools.
Further, instructions to teachers and students on antiviolent
behavior will aid in the prevention of violence in schools.

Testifying for the bill were Representatives Kelly (27),
McLuckie, May (108), and Harlan; Missouri National Education
Association; Department of Elementary and Secondary Education;
Department of Public Safety; Missouri School Board Association;
Missouri Council of School Administrators; Missouri State
Teachers Association; Missouri Juvenile Justice Association; and
Missouri Association of Secondary School Principals.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 1301 -- School Safety

Co-Sponsors:  Kelly (27), McLuckie

This bill makes several changes regarding school safety and the
reporting requirements of juvenile officers and school officials.

ALTERNATIVE EDUCATION

The Department of Elementary and Secondary Education is directed
to award grants to school districts and area vocational schools
for alternative education programs for pupils who cannot be
adequately served in the traditional classroom setting.
Districts are encouraged to submit joint applications.

REPORTING BY SCHOOL OFFICIAL AND JUVENILE OFFICERS

School administrators are required to report acts of school
violence to teachers and other school district employees
responsible for the student's education or who interact with the
student on a professional basis.  School administrators must
also report to law enforcement agencies certain felonies or acts
that would constitute these felonies if committed by an adult on
school property.  These are: (1) first degree murder; (2) second
degree murder; (3) kidnapping; (4) first degree assault; (5)
forcible rape; (6) forcible sodomy; (7) robbery in the 1st
degree; (8) distribution of drugs; (9) arson in the 1st degree;
and (10) possession of a weapon.  The school district must
initiate procedures to remove a student with a violent
behavioral disability to an appropriate setting consistent with
federal and state law.  All school employees must annually
receive job related instructions on dealing with acts of school
violence, the disciplining of students with disabilities, and
the requirements of confidentiality.

The reporting requirements for juvenile officers and school
officials are as follows:

(1) The juvenile officer must notify the superintendent of the
school district when the child is taken into custody for an
offense which would be considered a felony if committed by an
adult.  The notice must be timely made orally and in writing.
The timeliness requirement is met when notice is given prior to
the return of the student to school or within 5 days, whichever
is shorter.  The notice must include a complete description of
the alleged conduct, the dates the conduct occurred, cannot
include the name of the victim;

(2) Any person allegedly commits an assault in the first, second
or third degree, sexual assault, or deviate sexual assault
against a pupil or school employee, the principal must
immediately report the incident to the police and the school
superintendent;

(3) When a pupil possesses controlled substances or weapons, the
principal must immediately report the incident to the police and
the superintendent;

(4) When a teacher is aware of an assault, or of a student in
possession of a weapon or unlawful drugs, the teacher must
immediately report the incident to the principal; and

(5) The superintendent is required to notify the juvenile court
of a student's suspension or expulsion;

The bill's reporting requirements do not apply to offenses
committed by kindergarten to third grade students.  Also, school
employees or officials who report these incidents are not held
civilly liable.  A school official who willfully fails to comply
with reporting requirements is subject to a class A misdemeanor.

Upon finding that a pupil poses a threat of harm to himself or
others, a school board, principal, or superintendent may
authorize the immediate removal of such pupil by suspension or
expulsion.  At the hearing, the school board may consider
records of past disciplinary actions, or the actions of the
pupil which would constitute a criminal offense.  A conference
to review the student's conduct that resulted in the suspension
or expulsion must be held involving the student, the parent or
guardian of the student, school officials, the juvenile officer,
and any agency having care, custody, or control of the student.

STATEWIDE SUSPENSIONS

No school board is permitted to readmit or enroll a student
suspended or expelled without first holding a conference to
review the student's conduct.  If a student is attempting to
enroll in a school district after a suspension or expulsion from
another school district and a determination is made that the
student's conduct would have resulted in a suspension or
expulsion in the enrolling district, the enrolling school
district may uphold the suspension unless the pupil is enrolled
in an alternative education program. An enrolling school
district that determines that the student would not have been
suspended in its district for the alleged act will admit the
student.  Any student for whom a petition is filed alleging the
commission of

(1) first degree murder, (2) second degree murder, (3)
kidnapping, (4) first degree assault, (5) forcible rape, (6)
forcible sodomy, (7) robbery in the 1st degree, (8) distribution
of drugs, (9) arson in the 1st degree, or (10) possession of a
weapon, plus weapons possession or drug distribution, will not
be permitted to enroll in any school district in the state.

IN-SCHOOL SUSPENSIONS

School districts must place students in in-school suspension
with exceptions for (1) dangerous students, (2) insufficient
school resources, or (3) placement in alternative education
programs.

REGISTRATION

The bill requires new pupils to register in a school district
accompanied by an immediate family member over age 21, by a
parent, or court-appointed legal guardian.  The parent,
guardian, or the family member over age 21 must provide a form
of proof that the pupil is eligible to register in the district
or has requested a hardship or good cause waiver within the last
45 days.  The registration process may require a parent,
guardian, or caretaker of the child to provide upon enrollment a
sworn statement indicating whether the student has been expelled
from school attendance in this state or another state for
weapons, alcohol, drugs or the willful infliction of injury to
another person.  A false statement or affirmation in this area
is a class B misdemeanor. A hardship or good cause is basis for
a waiver to be granted by the district board, and an adverse
decision is appealable by an aggrieved party.  Any person
submitting false information in satisfying residency
registration requirements is guilty of a class A misdemeanor.
Written reciprocity agreements between school districts are
allowed.  The registration requirements will not apply to a
homeless child, as defined by the bill or children with
disabilities; children who are wards of the state; children who
are bussed into a school district; or children who are enrolled
in alternative education.

TRANSFER OF SCHOOL RECORDS

Any public elementary or secondary school must comply with a
request to forward a copy of a transferring student's academic
and discipline records to the new school within 7 days.

SCHOOL VIOLENCE EDUCATIONAL PROGRAMS

The Department of Elementary and Secondary Education will
implement programs of educational instruction regarding violence
prevention and an instructional program that communicates the
negative consequences of criminal gang activity to students.
Beginning in the 1998-99 school year, all public school
districts may administer the program at all grade levels.

WEAPONS

School disciplinary policies must require expulsion of students
who possess a weapon on school property.  Expulsion will be
considered by the local school board on a case by case basis.

CORPORAL PUNISHMENT

School boards must establish a written policy on the use and
administration of corporal punishment.