Modifies and establishes provisions relating to the operation of school districts

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2933
103RD GENERAL ASSEMBL Y
4709H.05C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 160.263, RSMo, and to enact in lieu thereof two new sections relating to the
operation of school districts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 160.263, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 160.263 and 162.827, to read as follows:
160.263. 1. As used in this section, the following terms mean:
2 (1) "Classroom" , an are a that is r egularly utilized for student instruction;
3 (2) "Mechanical restraint", the use of any device or equipment to restrict a student's
4 freedom of movement. Mechanical restraint shall not include devices implemented by trained
5 personnel or used by a student with a prescription for such devices from an appropriate
6 medical or related services professional and that are used for specific and approved purposes
7 for which such devices were designed, such as the following:
8 (a) Adaptive devices or mechanical supports used to achieve proper body position,
9 balance, or alignment to allow greater freedom of mobility than would be possible without the
10 use of such devices or mechanical supports;
11 (b) V ehicle safety restraints when used as intended during the transport of a student in
12 a moving vehicle;
13 (c) Restraints for medical immobilization; or
14 (d) Orthopedically prescribed devices that permit a student to participate in activities
15 without risk;
16 [ (2) ] (3) "Physical restraint", a personal restriction such as person-to-person physical
17 contact that immobilizes, reduces, or restricts the ability of a student to move the student's
18 torso, arms, legs, or head freely . Physical restraint shall not include:
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.
19 (a) A physical escort, which is a temporary touching or holding of the hand, wrist,
20 arm, shoulder , or back for the purpose of inducing a student to walk to a safe location;
21 (b) Comforting or calming a student;
22 (c) Holding a student's hand to transport the student for safety purposes;
23 (d) Intervening in a fight; or
24 (e) Using an assistive or protective device prescribed by an appropriately trained
25 professional or professional team;
26 [ (3) ] (4) "Prone restraint", using mechanical or physical restraint or both to restrict a
27 student's movement while the student is lying with the student's front or face downward;
28 [ (4) ] (5) "Restraint" includes, but is not limited to, mechanical restraint, physical
29 restraint, and prone restraint;
30 [ (5) ] (6) "Seclusion", the involuntary confinement of a student alone in a room or area
31 that the student is physically prevented from leaving and that complies with the building code
32 in ef fect in the school district. Seclusion shall not include the following:
33 (a) A timeout, which is a behavior management technique that is part of an approved
34 program, involves the monitored separation of the student in a nonlocked setting, and is
35 implemented for the purpose of calming;
36 (b) In-school suspension;
37 (c) Detention; or
38 (d) Other appropriate disciplinary measures.
39 2. The school discipline policy under section 160.261 shall reserve confining a
40 student in seclusion for situations or conditions in which there is imminent danger of physical
41 harm to self or others.
42 3. For all school years beginning on or after July 1, 2022, no school district, charter
43 school, or publicly contracted private provider shall use any mechanical, physical, or prone
44 restraint technique that:
45 (1) Obstructs views of the student's face;
46 (2) Obstructs the student's respiratory airway , impairs the student's breathing or
47 respiratory capacity , or restricts the movement required for normal breathing to cause
48 positional or postural asphyxia;
49 (3) Places pressure or weight on or causes the compression of the student's chest,
50 lungs, sternum, diaphragm, back, abdomen, or genitals;
51 (4) Obstructs the student's circulation of blood;
52 (5) Involves pushing on or into the student's mouth, nose, eyes, or any part of the face
53 or involves covering the face or body with anything including, but not limited to, soft objects
54 such as pillows, blankets, or washcloths;
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55 (6) Endangers the student's life or significantly exacerbates the student's medical
56 condition;
57 (7) Is purposely designed to inflict pain;
58 (8) Restricts the student from communicating. If an employee physically restrains a
59 student who uses sign language or an augmentative mode of communication as the student's
60 primary mode of communication, the student shall be permitted to have the student's hands
61 free of restraint for brief periods unless an employee determines that such freedom appears
62 likely to result in harm to self or others.
63 4. (1) By July 1, 201 1, the local board of education of each school district shall adopt
64 a written policy that comprehensively addresses the use of restrictive behavioral interventions
65 as a form of discipline or behavior management technique. The policy shall be consistent
66 with professionally accepted practices and standards of student discipline, behavior
67 management, health and safety , including the safe schools act. The policy shall include
68 but not be limited to:
69 (a) Definitions of restraint, seclusion, and time-out and any other terminology
70 necessary to describe the continuum of restrictive behavioral interventions available for use
71 or prohibited in the district, consistent with the provisions of this section;
72 (b) Description of circumstances under which a restrictive behavioral intervention is
73 allowed and prohibited, consistent with the provisions of this section, and any unique
74 application requirements for specific groups of students such as dif ferences based on age,
75 disability , or environment in which the educational services are provided;
76 (c) Specific implementation requirements associated with a restrictive behavioral
77 intervention such as time limits, facility specifications, training requirements or supervision
78 requirements; and
79 (d) Documentation, notice and permission requirements associated with use of a
80 restrictive behavioral intervention.
81 (2) Before July 1, 2022, each written policy adopted under this subsection shall be
82 updated to prohibit the school district, charter school, or publicly contracted private provider
83 from using any restraint that employs any technique listed in subsection 3 of this section.
84 (3) Before July 1, 2022, each written policy adopted under this subsection shall be
85 updated to state that the school district, charter school, or publicly contracted private provider
86 will reserve restraint or seclusion for situations or conditions in which there is imminent
87 danger of physical harm to self or others.
88 5. Before July 1, 2022, each school district, charter school, and publicly contracted
89 private provider shall ensure that the policy adopted under subsection 4 of this section
90 requires the following:
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91 (1) Any student placed in seclusion or restraint shall be removed from such seclusion
92 or restraint as soon as the school district, charter school, or publicly contracted private
93 provider determines that the student is no longer an imminent danger of physical harm to self
94 or others;
95 (2) All school district, charter school, and publicly contracted private provider
96 personnel shall annually review the policy and procedures involving the use of seclusion and
97 restraint. Personnel who use seclusion or restraint shall annually complete mandatory
98 training in the specific seclusion and restraint techniques the school district, charter school, or
99 publicly contracted private provider uses under this section;
100 (3) (a) Each time seclusion or restraint is used for a student, the incident shall be
101 monitored by a member of the school district, charter school, or publicly contracted private
102 provider personnel, and a report shall be completed by the school district, charter school, or
103 publicly contracted private provider that contains, at a minimum, the following:
104 a. The date, time of day , location, duration, and description of the incident and
105 interventions;
106 b. Any event leading to the incident and the reason for using seclusion or restraint;
107 c. A description of the methods of seclusion or restraint used;
108 d. The nature and extent of any injury to the student;
109 e. The names, roles, and certifications of each employee involved in the use of
110 seclusion or restraint;
111 f. The name, role, and signature of the person who prepared the report;
112 g. The name of an employee whom the parent or guardian can contact regarding the
113 incident and use of seclusion or restraint;
114 h. The name of an employee to contact if the parent or guardian wishes to file a
115 complaint; and
116 i. A statement directing parents and legal guardians to a sociological, emotional, or
117 behavioral support or ganization and a hotline number to report child abuse and neglect.
118 (b) The school district, charter school, or publicly contracted private provider shall
119 maintain the report as an education record of the student, provide a copy to the parent or legal
120 guardian within five school days, and a copy of each incident report shall be given to the
121 department of elementary and secondary education within thirty days of the incident;
122 (4) The school district, charter school, or publicly contracted private provider shall
123 attempt to notify the parents or legal guardians as soon as possible but no later than one hour
124 after the end of the school day on which the use of seclusion or restraint occurred.
125 Notification shall be oral or electronic and shall include a statement indicating that the school
126 district, charter school, or publicly contracted private provider will provide the parents or
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127 legal guardians a copy of the report described in subdivision (3) of this subsection within five
128 school days;
129 (5) An of ficer , administrator , or employee of a public school district or charter school
130 shall not retaliate against any person for having:
131 (a) Reported a violation of any policy established under this section or failure of a
132 district or charter school to follow any provisions of this section in relation to incidents of
133 seclusion and restraint; or
134 (b) Provided information regarding a violation of this section by a public school
135 district or charter school or a member of the staf f of the public school district or charter
136 school.
137 6. The department of elementary and secondary education shall compile and maintain
138 all incidents reported under this section in the department's core data system and make such
139 data available on the Missouri comprehensive data system. No personally identifiable data
140 shall be accessible on the database.
141 7. For the 2027-28 school year and all subsequent school years:
142 (1) No school district, charter school, or publicly contracted private provi der
143 shall confine a student in seclusion in any ro om other than a classr oom or a sensory
144 r oom; and
145 (2) Each local board of education and charter school governing board shall
146 update the district's and the charter school's policy to incorporate the definition of
147 seclusion as pr ovided in this section and to pr ohibit the school district, charter school, or
148 a publicly contracted private pr ovider from confining a student in seclusion in any room
149 other than a classr oom or a sensory r oom.
150 [ 7. ] 8. The department of elementary and secondary education shall, in cooperation
151 with appropriate associations, or ganizations, agencies and individuals with specialized
152 expertise in behavior management[ , ] :
153 (1) Develop a model policy that satisfies the requirements of subsection 2 of this
154 section as it existed on August 28, 2009, by July 1, 2010, and shall update such model policy
155 to include the requirements of subdivisions (2) and (3) of subsection 4 and subsection 5 of
156 this section by July 1, 2022 ; and
157 (2) For the 2027-28 school year and all subsequent school years, update the
158 model policy to incorporate the definition of seclusion as provi ded in this section and to
159 pr ohibit the confinement of a student in seclusion in any roo m other than a classr oom or
160 sensory roo m .
162.827. 1. A school district that is part of a special school district established
2 under section 162.825 may withdraw fr om such special school district as pr ovided in this
3 section upon a vote on the question of withdrawal as follows:
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4 (1) The school board of a school district desiring to withdraw fr om such special
5 school district may appr ove, by res olution, a prop osal to pr esent for public vote the
6 question of withdrawal as pro vided in this section. Such res olution may include a
7 pr oposal to impose an additional levy to pr ovide for special education, vocational
8 education, and technical education pr ograms and services. Such prop osed levy shall not
9 exceed the school district's prop ortion of the combined rate levied by the special school
10 district;
11 (2) Upon the appr oval of the res olution by at least four members of the school
12 board, the board shall notify the election authority of the county in which the school
13 district is located that the following question should be submitted to the voters res iding
14 in the school district:
15 "Shall the (insert name) School District withdraw fr om the Special School
16 District of ______ County , the (insert amount) pr operty tax levy for the Special School
17 District of ______ County be eliminated for pr operty in the school district, and the
18 (insert name) School District be authorized to impose a levy in the amount of (insert
19 dollar amount) to pr ovide for special education, vocational education, and technical
20 education prog rams and services to students eligible to be enr olled within the (insert
21 name) School District?";
22 (3) Upon r eceiving such notification, the election authority shall submit the
23 question specified in the notification to the voters of the school district on the next
24 available day for school district elections;
25 (4) If a majority of the reg istered voters of the school district voting on the
26 question appr ove the withdrawal of the school district and, if prop osed, the adjusted
27 levy:
28 (a) The election authority shall notify the school board of the school district and
29 the special school district, and the school board of the school district shall notify the
30 state board of education; and
31 (b) The school district shall no longer be included in the special school district
32 beginning on July first of the second school year following the appr oval of the question;
33 and
34 (5) If a majority of the reg istered voters of the school district voting on the
35 question r eject the withdrawal of the school district, the school district:
36 (a) Shall rem ain part of the special school district; and
37 (b) Shall not consider a question to withdraw fr om the special school district
38 sooner than twelve months after the date of the last question voted on under this section.
39 2. Upon a school district's withdrawal fr om the special school district, such
40 school district shall pr ovide special education, vocational education, and technical
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41 education pr ograms and services to students eligible to enro ll within the school district's
42 boundaries as requi red by law .
43 3. The tax levy authorized under section 162.920 for such special school district
44 within a school district that has withdrawn fr om such special school district shall
45 terminate on June thirtieth of the school year immediately before the school year in
46 which the withdrawal takes effect, and the adjusted levy appr oved by voters under
47 subdivision (2) of subsection 1 of this section shall go into effect as of July first of the
48 school year the withdrawal takes effect. The county collector shall prora te the taxes
49 imposed on each item or par cel of prop erty so as to collect the pr oportional shar e for the
50 school district and the special school district.
51 4. The adjusted levy appr oved by voters under subdivision (2) of subsection 1 of
52 this section shall be used for special education, vocational education, and technical
53 education pro grams and services.
54 5. (1) A school district that withdraws fr om a special school district shall r eturn
55 all pr operty , facilities, equipment, and other assets of the special school district to the
56 special school district.
57 (2) Bonded indebtedness of the special school district shall be assumed
58 pr oportionally , according to assessed valuation, by the withdrawing school district.
59 (3) No existing bond or debt obligation of the special school district shall be
60 impair ed by this section.
61 (4) Upon rece iving notification of an affirmative vote of a school district to
62 withdraw fro m a special school district, the state board of education shall appoint a
63 person to supervise the disposition of prop erty and indebtedness. Decisions made by the
64 person so appointed shall be subject to revi ew by the state board of education.
65 6. A student of a school district that withdraws fr om a special school district who
66 was recei ving special educational services at a school operated by the special school
67 district at the time of the withdrawal shall be allowed to continue r eceiving special
68 educational services at such school as long as the student r emains otherwise eligible to
69 r eceive special educational services fr om the special school district at the school. The
70 school district withdrawing fr om the special school district shall be r esponsible for the
71 cost of such services as prov ided under section 162.705.
72 7. A tenur ed teacher who is moving fr om a special school district as a res ult of a
73 school district withdrawing fr om the special school district shall ret ain his or her tenure
74 status but shall not be guaranteed to ret ain his or her curr ent salary .
75 8. The provi sions of this section shall apply only to special school districts
76 located in a county with mor e than one million inhabitants.
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77 9. (1) Nothing in this section shall be construed to alter , diminish, or impair any
78 rights or obligations of the state of Missouri or its political subdivisions under the
79 federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et
80 seq., as amended; Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.
81 Section 794, as amended; or any other applicable federal or state law .
82 (2) The state board of education may pr omulgate all necessary rules and
83 r egulations for the administration of this section. Any rule or portion of a rule, as that
84 term is defined in section 536.010, that is creat ed under the authority delegated in this
85 section shall become effective only if it complies with and is subject to all of the
86 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
87 536 are nonseverable and if any of the powers vested with the general assembly
88 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
89 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
90 and any rule pr oposed or adopted after the effective date of this act shall be invalid and
91 void.
✔
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