HOUSE BILL NO. 2827 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOLL.
6334H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 160.261, RSMo, and to enact in lieu thereof one new section relating to corporal punishment in schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 160.261, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 160.261, to read as follows: 160.261. 1. The local board of education of each school district shall clearly establish 2 a written policy of discipline[, including the district's determination on the use of corporal 3 punishment and the procedures in which punishment will be applied]. Each school district's 4 discipline policy shall prohibit the use of corporal punishment and spanking. A written 5 copy of the district's discipline policy [and corporal punishment procedures, if applicable,] 6 shall be provided to the pupil and parent or legal guardian of every pupil enrolled in the 7 district at the beginning of each school year and also made available in the office of the 8 superintendent of such district, during normal business hours, for public inspection. [No 9 pupil shall be subject to corporal punishment procedures outlined in the discipline and 10 corporal punishment policy without a parent or guardian being notified and providing written 11 permission for the corporal punishment.] All employees of the district shall annually receive 12 instruction related to the specific contents of the policy of discipline and any interpretations 13 necessary to implement the provisions of the policy in the course of their duties, including but 14 not limited to approved methods of dealing with acts of school violence, disciplining students 15 with disabilities and instruction in the necessity and requirements for confidentiality. 16 2. The policy shall require school administrators to report acts of school violence to 17 all teachers at the attendance center and, in addition, to other school district employees with a
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2827 2
18 need to know. For the purposes of this chapter or chapter 167, "need to know" is defined as 19 school personnel who are directly responsible for the student's education or who otherwise 20 interact with the student on a professional basis while acting within the scope of their 21 assigned duties. As used in this section, the phrase "act of school violence" or "violent 22 behavior" means the exertion of physical force by a student with the intent to do serious 23 physical injury as defined in section 556.061 to another person while on school property, 24 including a school bus in service on behalf of the district, or while involved in school 25 activities. The policy shall at a minimum require school administrators to report, as soon as 26 reasonably practical, to the appropriate law enforcement agency any of the following crimes, 27 or any act which if committed by an adult would be one of the following crimes: 28 (1) First degree murder under section 565.020; 29 (2) Second degree murder under section 565.021; 30 (3) Kidnapping under section 565.110 as it existed prior to January 1, 2017, or 31 kidnapping in the first degree under section 565.110; 32 (4) First degree assault under section 565.050; 33 (5) Rape in the first degree under section 566.030; 34 (6) Sodomy in the first degree under section 566.060; 35 (7) Burglary in the first degree under section 569.160; 36 (8) Burglary in the second degree under section 569.170; 37 (9) Robbery in the first degree under section 569.020 as it existed prior to January 1, 38 2017, or robbery in the first degree under section 570.023; 39 (10) Distribution of drugs under section 195.211 as it existed prior to January 1, 2017, 40 or manufacture of a controlled substance under section 579.055; 41 (11) Distribution of drugs to a minor under section 195.212 as it existed prior to 42 January 1, 2017, or delivery of a controlled substance under section 579.020; 43 (12) Arson in the first degree under section 569.040; 44 (13) Voluntary manslaughter under section 565.023; 45 (14) Involuntary manslaughter under section 565.024 as it existed prior to January 1, 46 2017, involuntary manslaughter in the first degree under section 565.024, or involuntary 47 manslaughter in the second degree under section 565.027; 48 (15) Second degree assault under section 565.060 as it existed prior to January 1, 49 2017, or second degree assault under section 565.052; 50 (16) Rape in the second degree under section 566.031; 51 (17) Felonious restraint under section 565.120 as it existed prior to January 1, 2017, 52 or kidnapping in the second degree under section 565.120; 53 (18) Property damage in the first degree under section 569.100; 54 (19) The possession of a weapon under chapter 571; HB 2827 3
55 (20) Child molestation in the first degree pursuant to section 566.067 as it existed 56 prior to January 1, 2017, or child molestation in the first, second, or third degree pursuant to 57 section 566.067, 566.068, or 566.069; 58 (21) Sodomy in the second degree pursuant to section 566.061; 59 (22) Sexual misconduct involving a child pursuant to section 566.083; 60 (23) Sexual abuse in the first degree pursuant to section 566.100; 61 (24) Harassment under section 565.090 as it existed prior to January 1, 2017, or 62 harassment in the first degree under section 565.090; or 63 (25) Stalking under section 565.225 as it existed prior to January 1, 2017, or stalking 64 in the first degree under section 565.225; 65 66 committed on school property, including but not limited to actions on any school bus in 67 service on behalf of the district or while involved in school activities. The policy shall require 68 that any portion of a student's individualized education program that is related to 69 demonstrated or potentially violent behavior shall be provided to any teacher and other 70 school district employees who are directly responsible for the student's education or who 71 otherwise interact with the student on an educational basis while acting within the scope of 72 their assigned duties. The policy shall also contain the consequences of failure to obey 73 standards of conduct set by the local board of education, and the importance of the standards 74 to the maintenance of an atmosphere where orderly learning is possible and encouraged. 75 3. The policy shall provide that any student who is on suspension for any of the 76 offenses listed in subsection 2 of this section or any act of violence or drug-related activity 77 defined by school district policy as a serious violation of school discipline pursuant to 78 subsection 9 of this section shall have as a condition of his or her suspension the requirement 79 that such student is not allowed, while on such suspension, to be within one thousand feet of 80 any school property in the school district where such student attended school or any activity 81 of that district, regardless of whether or not the activity takes place on district property unless: 82 (1) Such student is under the direct supervision of the student's parent, legal guardian, 83 or custodian and the superintendent or the superintendent's designee has authorized the 84 student to be on school property; 85 (2) Such student is under the direct supervision of another adult designated by the 86 student's parent, legal guardian, or custodian, in advance, in writing, to the principal of the 87 school which suspended the student and the superintendent or the superintendent's designee 88 has authorized the student to be on school property; 89 (3) Such student is enrolled in and attending an alternative school that is located 90 within one thousand feet of a public school in the school district where such student attended 91 school; or HB 2827 4
92 (4) Such student resides within one thousand feet of any public school in the school 93 district where such student attended school in which case such student may be on the property 94 of his or her residence without direct adult supervision. 95 4. Any student who violates the condition of suspension required pursuant to 96 subsection 3 of this section may be subject to expulsion or further suspension pursuant to the 97 provisions of sections 167.161, 167.164, and 167.171. In making this determination 98 consideration shall be given to whether the student poses a threat to the safety of any child or 99 school employee and whether such student's unsupervised presence within one thousand feet 100 of the school is disruptive to the educational process or undermines the effectiveness of the 101 school's disciplinary policy. Removal of any pupil who is a student with a disability is subject 102 to state and federal procedural rights. This section shall not limit a school district's ability to: 103 (1) Prohibit all students who are suspended from being on school property or 104 attending an activity while on suspension; 105 (2) Discipline students for off-campus conduct that negatively affects the educational 106 environment to the extent allowed by law. 107 5. The policy shall provide for a suspension for a period of not less than one year, or 108 expulsion, for a student who is determined to have brought a weapon to school, including but 109 not limited to the school playground or the school parking lot, brought a weapon on a school 110 bus or brought a weapon to a school activity whether on or off of the school property in 111 violation of district policy, except that: 112 (1) The superintendent or, in a school district with no high school, the principal of the 113 school which such child attends may modify such suspension on a case-by-case basis; and 114 (2) This section shall not prevent the school district from providing educational 115 services in an alternative setting to a student suspended under the provisions of this section. 116 6. For the purpose of this section, the term "weapon" shall mean a firearm as defined 117 under 18 U.S.C. Section 921 and the following items, as defined in section 571.010: a 118 blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas 119 gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun or 120 a switchblade knife; except that this section shall not be construed to prohibit a school board 121 from adopting a policy to allow a Civil War reenactor to carry a Civil War era weapon on 122 school property for educational purposes so long as the firearm is unloaded. The local board 123 of education shall define weapon in the discipline policy. Such definition shall include the 124 weapons defined in this subsection but may also include other weapons. 125 7. All school district personnel responsible for the care and supervision of students 126 are authorized to hold every pupil strictly accountable for any disorderly conduct in school or 127 on any property of the school, on any school bus going to or returning from school, during 128 school-sponsored activities, or during intermission or recess periods. HB 2827 5
129 8. Teachers and other authorized district personnel in public schools responsible for 130 the care, supervision, and discipline of schoolchildren, including volunteers selected with 131 reasonable care by the school district, shall not be civilly liable when acting in conformity 132 with the established policies developed by each board, including but not limited to policies of 133 student discipline or when reporting to his or her supervisor or other person as mandated by 134 state law acts of school violence or threatened acts of school violence, within the course and 135 scope of the duties of the teacher, authorized district personnel or volunteer, when such 136 individual is acting in conformity with the established policies developed by the board. 137 Nothing in this section shall be construed to create a new cause of action against such school 138 district, or to relieve the school district from liability for the negligent acts of such persons. 139 9. Each school board shall define in its discipline policy acts of violence and any 140 other acts that constitute a serious violation of that policy. "Acts of violence" as defined by 141 school boards shall include but not be limited to exertion of physical force by a student with 142 the intent to do serious bodily harm to another person while on school property, including a 143 school bus in service on behalf of the district, or while involved in school activities. School 144 districts shall for each student enrolled in the school district compile and maintain records of 145 any serious violation of the district's discipline policy. Such records shall be made available 146 to teachers and other school district employees with a need to know while acting within the 147 scope of their assigned duties, and shall be provided as required in section 167.020 to any 148 school district in which the student subsequently attempts to enroll. 149 10. [Spanking, when administered by certificated personnel and in the presence of a 150 witness who is an employee of the school district, or] No school district or charter school 151 shall use corporal punishment or spanking to discipline a student. The use of reasonable 152 force to protect persons or property, when administered by personnel of a school district in a 153 reasonable manner in accordance with the local board of education's written policy of 154 discipline, is not abuse within the meaning of chapter 210. 155 11. Upon receipt of any reports of child abuse by the children's division pursuant to 156 sections 210.110 to 210.165 which allegedly involve personnel of a school district, the 157 children's division shall notify the superintendent of schools of the district or, if the person 158 named in the alleged incident is the superintendent of schools, the president of the school 159 board of the school district where the alleged incident occurred. 160 12. In order to ensure the safety of all students, should a student be expelled for 161 bringing a weapon to school, violent behavior, or for an act of school violence, that student 162 shall not, for the purposes of the accreditation process of the Missouri school improvement 163 plan, be considered a dropout or be included in the calculation of that district's educational 164 persistence ratio. HB 2827 6
165 13. As used in this section, "corporal punishment" means the infliction of pain 166 by an adult upon the body of a child as penalty for doing something that has been 167 disapproved of by the adult. ✔
Statutes affected: