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-SECOND REGULAR SESSION
-HOUSE BILL NO. 2827
-103RD GENERAL ASSEMBL Y
-INTRODUCED BY REPRESENT A TIVE DOLL.
-6334H.01I JOSEPH ENGLER, Chief Clerk
-AN ACT
-T o 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-Section A. Section 160.261, RSMo, is repealed and one new section enacted in lieu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 pr ohibit 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 of fice 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
-EXPLANA TION — 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.
-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 565.1 10 as it existed prior to January 1, 2017, or
-31 kidnapping in the first degree under section 565.1 10;
-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) Burgl ary in the first degree under section 569.160;
-36 (8) Burgl ary 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 195.21 1 as it existed prior to January 1, 2017,
-40 or manufacture of a controlled substance under section 579.055;
-41 (1 1) 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) V oluntary 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 2
-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 of fenses 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 3
-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 ef fectiveness 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 of f-campus conduct that negatively af fects 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 W ar reenactor to carry a Civil W ar 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 4
-129 8. T eachers 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 1 1. Upon receipt of any reports of child abuse by the children's division pursuant to
-156 sections 210.1 10 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 5
-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 disappr oved of by the adult.
-✔
-HB 2827 6
+HB 2827 -- CORPORAL PUNISHMENT IN SCHOOLS
+SPONSOR:  Doll
+This bill mandates each district to prohibit the use of corporal
+punishment and spanking in schools.  The bill defines "corporal
+punishment" as the infliction of pain by an adult upon the body
+of a child as penalty for doing something that has been
+disapproved of by the adult.
+This bill is similar to HB 121 (2023).