Establishes provisions relating to protest activities

SECOND REGULAR SESSION
HOUSE BILL NO. 3309
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SEITZ.
7147H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 167, RSMo, by adding thereto one new section relating to protest activities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be
2 known as section 167.075, to read as follows:
167.075. 1. No student shall establish, organize, or participate in any protes t
2 activity on or off the pr operty of a public school during regu larly scheduled
3 instructional periods of learning if such activity materially and substantially disrupts
4 the public school's operations.
5 2. No person shall:
6 (1) Knowingly disrupt or interfer e with the lawful administration or functions of
7 a public school or activity on school prop erty in this state;
8 (2) Knowingly advise, counsel, or instruct any student or school employee to
9 disrupt any school or school function, activity on school pro perty , or classr oom;
10 (3) Knowingly interfer e with the attendance of any student or school employee in
11 a school or classr oom; or
12 (4) Conspir e to riot or to engage in any school campus or school function
13 disruption or disturbance that interfer es with the educational process es or with the
14 orderly conduct of a school campus, school, or school function or activity on school
15 pr operty .
16
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.
17 This subsection shall apply to all public schools and functions or activities on school
18 pr operty; however , nothing in this subsection shall deny public school employees the
19 opportunity to exer cise their rights under state or federal law .
20 3. Consequences for students, teachers, and school districts or charter schools
21 shall include, but are not limited to, the following:
22 (1) Students who leave a scheduled instructional period without authorization to
23 participate in a protest activity or demonstration shall be marked absent fr om school;
24 (2) T eachers who facilitate walkouts shall be subject to an investigation and
25 sanctions, including licensur e revoca tion; and
26 (3) School districts or charter schools that allow , encourage, or facilitate
27 walkouts shall be at risk of losing daily attendance funding and shall be subject to an
28 investigation and sanctions.
29 4. Students in public schools r etain the right to free expr ession consistent with
30 the First Amendment to the Constitution of the United States and Article I, Section 8 of
31 the Constitution of Missouri.
32 5. A school district or charter school may adopt and enforce content-neutral
33 policies governing the time, place, and manner of student express ion, including protest
34 activities, pr ovided that such policies ar e reas onably re lated to legitimate pedagogical
35 concerns and the orderly operation of the district or school.
36 6. No student shall be disciplined solely for engaging in peaceful expr ession
37 unless the student's conduct:
38 (1) Materially and substantially disrupts the work and discipline of the school;
39 (2) Infringes upon the rights of other students or school personnel; or
40 (3) V iolates content-neutral time, place, and manner restrictions.
41 7. Nothing in this section shall be construed to:
42 (1) Pr ohibit voluntary , nondisruptive student expr ession that occurs outside
43 scheduled instructional time;
44 (2) Limit lawful activities protected under state or federal law; or
45 (3) Authorize the suppr ession of expr ession based on viewpoint.
✔
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