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OVERVIEW OF THE SAFE SCHOOLS ACT
The Missouri Safe Schools Act, which was passed in 1996, primarily deals with the
following areas of a school district's operation: policy development, student admission and enrollment, residency requirements,
and reporting and record keeping. The Act was amended in 1997 and 2000. The overview of the Act is presented in three separate
monographs. This monograph (Part Two) addresses reporting and record keeping. Part One focuses on policy development, residency
requirements, and student admission/enrollment. Part Three discusses miscellaneous provisions of the Act.
REPORTING REQUIREMENTS OF JUVENILE OFFICERS UNDER THE SAFE SCHOOLS ACT
(167.115 RSMo. 1999)
The Safe
Schools Act requires that a juvenile officer, the sheriff, chief of police, or other appropriate law enforcement authority
notify the school superintendent or the superintendent's designee no later than five days after a petition is filed in juvenile
court alleging that a student committed one of the following acts: first and second degree murder, kidnaping, first and second
degree assault, forcible rape, forcible sodomy, first degree burglary, first degree robbery, distribution of drugs, distribution
of drugs to a minor, first degree arson, sexual assault, voluntary and involuntary manslaughter, felonious restraint, first
degree property damage, possession of a weapon, child molestation in the first degree, deviate sexual assault, sexual misconduct
involving a child, and sexual abuse. In this section, the terms "school" and "school district" include
any charter school, private school, parochial school, or school district. Notification cannot include the victims' names,
but must include a complete description of the alleged conduct along with dates on which the conduct occurred. Any oral notification
must be followed by written notification. The information provided by the juvenile officer must be kept confidential and be
used only for the "limited purpose of assuring that good order and discipline is maintained in the school." This
information cannot be used as the sole basis for not providing educational services to a student. Upon the disposition of
the case, the superintendent should receive written notification, including a brief summary of the relevant finding of facts,
no later than five days following disposition of the case.
REPORTING REQUIREMENTS OF SCHOOL ADMINISTRATORS
(167.115 RSMo. 1999; 160.261 RSMo. 1999)
The district superintendent or designee must report any information
provided by juvenile officers to school staff with a "need to know" while acting within the scope of their assigned
duties, and this information is to remain confidential.
The superintendent must notify the juvenile or family court
if a student is suspended for more than 10 days or expelled if the school district has knowledge that the student is under
the court's jurisdiction.
Written notification from the juvenile office or law enforcement must be forwarded to
the superintendent of all charter school, public schools, private schools, or school districts in which the student subsequently
enrolls.
The superintendent or designee must report to law enforcement the following conduct which occurs on school
property, including on the school bus or during school activities: first and second degree murder, voluntary and involuntary
manslaughter, first and second degree assault, sexual assault, forcible rape, forcible sodomy, first and second degree burglary,
first degree robbery, distribution of drugs, distribution of drugs to a minor, first degree arson, felonious restraint, kidnaping,
first degree property damage, possession of a weapon, child molestation in the first degree, deviate sexual assault, sexual
misconduct involving a child, and sexual abuse. The administrator is not civilly liable for a good faith report to law enforcement.
Willful neglect or refusal to report is a misdemeanor.
REPORTING REQUIREMENTS OF PRINCIPALS
(167.117
RSMo. 1999)
School principals must immediately report to law enforcement and the superintendent any of the following
incidents occurring on school property, on a school bus, or during a school activity: first, second, or third degree assault,
sexual assault, deviate sexual assault against a pupil or school employee. The principal must also immediately report to law
enforcement and the superintendent if any pupil has on his person, among his possessions, or placed elsewhere on school premises
(including, but not limited to the school playground or parking lot, on a school bust, or at a school activity whether on
or off of school property) any controlled substance or weapon. The principal is not civilly liable for a good faith report
to law enforcement. Willful neglect or refusal to report subjects the principal to a misdemeanor charge. A 1997 amendment
to the Act allowed school districts and law enforcement agencies to enter into an agreement regarding the reporting of third
degree assaults.
REPORTING REQUIREMENTS OF TEACHERS
(167.117 RSMo. 1999)
A teacher must
report to the principal the following incidents occurring on school property, on a school bus, or at a school activity: first,
second, or third degree assault, sexual assault, deviate sexual assault against a pupil or school employee, possession of
a controlled substance, or possession of a weapon. Civil liability cannot be imposed on a teacher for a good faith report
to the principal. The willful neglect or refusal to report information is a misdemeanor.
RECORDS KEEPING
UNDER THE SAFE SCHOOLS ACT
(160.261, 167.020, 167.026 RSMo. 1999)
A school district must request within
two business days of enrollment the student's records, including discipline records, from all schools attended within the
past twelve months. The district receiving the request must respond within five days. Student records cannot be be provided
to any person not employed by a school district without court order or pursuant to §160.261.2. In addition, records shall
not be provided to any governmental entity other than a school district or family/juvenile court without written permission
of the student (if over 18) or a minor student's parent/guardian who shall first receive written notice of the request and
provided 3 days to review the records. Failure to comply with confidentiality requirements is a class B misdemeanor and the
district may also be subject to civil liability.
Districts must compile and maintain for each student records of
any serious violation of the district's discipline policy. These records must be accessible by need to know employees and
provided to any district in which that student later enrolls.
School districts may report or disclose education
records to law enforcement and juvenile justice if such information is related to their ability to effectively serve the student
prior to adjudication. Officials who receive this information must comply with confidentiality requirements under federal
law.
The State Board of Education shall adopt a policy relating to the expungement of discipline records of those
students who have graduated or turned twenty-one years of age. School districts may adopt an expungement policy consistent
with the State Board of Education's policy.
*This is only an overview of the Safe Schools Act. Please
refer to the statutes for more specific information.
Missouri Center for Safe Schools
School
of Education
University of Missouri-Kansas City
5100 Rockhill Road
Kansas City, Missouri 64110-2499\
(816) 235-5656
Fax: (816) 235-5270
For more information on the MO Safe Schools Act click here!
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