HCS HB 1997 -- SCHOOL SAFETY

SPONSOR:  Smith

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 18 to 0.

This substitute makes a number of changes with regard to school
safety.  In its main provisions, the substitute:

(1)  Includes bringing weapons to school playgrounds, buses, and
activities in the offenses that require a one-year suspension
from school (Section 160.261, RSMo);

(2)  Requires elementary and secondary schools to report, among
other things, rates and durations of, and reasons for,
suspensions and expulsions (Section 160.522);

(3)  Expands the Missouri school improvement program provisions
to require each school district safety coordinator to have
knowledge of violence prevention programs and resources and for
school districts to utilize all programs and resources found to
be necessary and cost-effective (Section 160.660);

(4)  Allows a school district to make certain funding transfers
for expenditures related to school safety and security (Section
165.011).  The substitute also allows school districts to
exclude school safety and security expenditures, in addition to
transportation costs, from operating cost calculations (Section
165.016);

(5)  Permits school districts to disclose education records to
law enforcement and juvenile justice authorities if it is
necessary to effectively serve the student.  Currently, student
records may be obtained by subpoena in a pending civil or
criminal action or by governmental entities other than a
juvenile or family court if there is written permission on file
(Section 167.020);

(6)  Requires the juvenile office or prosecuting attorney to
notify the school when a student's juvenile or criminal case has
been completed, including a brief summary of the relevant
findings of fact.  Current law requires juvenile officers to
notify the school only when a student has allegedly committed a
crime (Section 67.115);

(7)  Includes school playgrounds, parking lots, and activities
in the places in which a student found with controlled
substances or weapons must be reported to local law enforcement
by the superintendent (Section 167.117);

(8)  Allows a guardian for a minor to be appointed for the sole
purpose of school registration or medical insurance coverage.
Such a guardian may be appointed if it is shown that the
whereabouts or identity of either or both parents remain unknown
(Sections 475.060, 475.070); and

(9)  Creates the crime of making a terroristic threat.  The bill
defines the crime as communicating a threat to commit a felony,
a knowingly false report concerning the commission of any
felony, or a knowingly false report concerning the occurrence of
a catastrophe.  The crime is a class C felony unless it involves
the reckless disregard of the risk of causing the evacuation of
a building, in which case it is a class D felony (Section
574.150).

FISCAL NOTE:  Cost to General Revenue Fund of less than $100,000
in FY 2001, FY 2002, and FY 2003.

PROPONENTS:  Supporters say that the provisions governing the
reporting of student violence need to be amended so that they
cover 17 and 18 year old students, who would not be handled by
the juvenile system.  The civil immunity for good faith
reporting is necessary to ensure that schools can comply with
the reporting requirements imposed by the Safe Schools Act
without fear of law suits.  Financing flexibility is needed to
pay for the changes schools must make to comply with the Safe
Schools Act.

Testifying for the bill were Representative Smith; Missouri
Council of School Administrators; Missouri State Teachers
Association; Missouri School Boards Association; and Missouri
Association of Secondary School Principals.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Legislative Analyst

HB 1997 -- School Safety

Co-Sponsors:  Smith, Monaco, Hollingsworth, Williams (159),
Davis (122), Hosmer

This bill make a number of changes with regard to school
safety.  In its main provisions, the bill:

(1)  Includes bringing weapons to school playgrounds, buses, and
activities in the offenses that require a one-year suspension
from school (Section 160.261, RSMo);

(2)  Requires elementary and secondary schools to report, among
other things, rates and durations of, and reasons for,
suspensions and expulsions (Section 160.522);

(3)  Expands the Missouri school improvement program provisions
to require each school district safety coordinator to have
knowledge of violence prevention programs and resources and for
school districts to utilize all programs and resources found to
be necessary and cost-effective (Section 160.660);

(4)  Allows a school district to make certain funding transfers
for expenditures related to school safety and security (Section
165.011).  The bill also allows school districts to exclude
school safety and security expenditures, in addition to
transportation costs, from operating cost calculations (Section
165.016);

(5)  Permits school districts to disclose education records to
law enforcement and juvenile justice authorities if it is
necessary to effectively serve the student.  Currently, student
records may be obtained by subpoena in a pending civil or
criminal action or by governmental entities other than a
juvenile or family court if there is written permission on file
(Section 167.020);

(6)  Includes school playgrounds, parking lots, and activities
in the places in which a student found with controlled
substances or weapons must be reported to local law enforcement
by the superintendent (Section 167.117);

(7)  Allows a guardian for a minor to be appointed for the sole
purpose of school registration or medical insurance coverage.
Such a guardian may be appointed if it is shown that the
whereabouts or identity of either or both parents remain unknown
(Sections 475.060, 475.070); and

(8)  Creates the crime of making a terroristic threat.  The bill
defines the crime as communicating a threat to commit a felony,
a knowingly false report concerning the commission of any
felony, or a knowingly false report concerning the occurrence of
a catastrophe.  The crime is a class C felony unless it involves
the reckless disregard of the risk of causing the evacuation of
a building, in which case it is a class D felony (Section
574.150).