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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1271
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
4336S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 160.995, RSMo, and to enact in lieu thereof one new section relating to lactation
accommodations in public schools.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 160.995, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 160.995, 2
to read as follows:3
160.995. 1. Before July 1, [2022] 2027, the local 1
board of education of each school district and the governing 2
board of each charter school shall adopt a written policy 3
that requires the administration of each public school 4
building within the district or the charter school, as 5
applicable, to provide accommodations to lactating 6
employees, teachers, and students to express breast milk, 7
breast-feed a child, or address other needs relating to 8
breast-feeding. The policy shall include provisions that 9
require the district or charter school to provide a minimum 10
of three opportunities during a school day, at intervals 11
agreed upon by the district or charter school and the 12
individual, to accommodate an employee's, teacher's, or 13
student's need to express breast milk or breast-feed a 14
child. The policy shall include provisions that require 15
such accommodations to be available to each lactating 16
employee, teacher, or student for at least one year 17
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following the birth of the employee's, teacher's, or 18
student's child, and that permit such accommodations to be 19
available for longer than one year as determined by each 20
local school board or charter school governing board. 21
2. District and charter school policies shall require 22
each school building to contain suitable accommodation in 23
the form of a private and secure room, other than a 24
restroom, for the exclusive use of women and lactating 25
students to express breast milk or breast-feed a child. 26
Such accommodation shall be located in close proximity to a 27
sink with running water and a refrigerator for breast milk 28
storage and have, at a minimum, the following features: 29
(1) Ventilation and a door that may be locked for 30
privacy; 31
(2) A work surface and a chair; and 32
(3) Conveniently placed electrical outlets. 33
3. A public school or charter school shall: 34
(1) Ensure that a lactating student shall be provided 35
a reasonable amount of time to accommodate the need to 36
express breast milk; and 37
(2) Provide that a student shall not incur an academic 38
penalty as a result of the use, during the school day, of 39
the accommodations provided pursuant to this section. 40
4. The department of elementary and secondary 41
education shall develop a model policy that satisfies the 42
requirements of subsections 1 [and 2] to 3 of this section 43
before January 1, [2022] 2027. 44
[4.] 5. The department of elementary and secondary 45
education may promulgate all necessary rules and regulations 46
for the administration of this section. Any rule or portion 47
of a rule, as that term is defined in section 536.010, that 48
is created under the authority delegated in this section 49
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shall become effective only if it complies with and is 50
subject to all of the provisions of chapter 536 and, if 51
applicable, section 536.028. This section and chapter 536 52
are nonseverable and if any of the powers vested with the 53
general assembly pursuant to chapter 536 to review, to delay 54
the effective date, or to disapprove and annul a rule are 55
subsequently held unconstitutional, then the grant of 56
rulemaking authority and any rule proposed or adopted after 57
August 28, 2021, shall be invalid and void. 58
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