167.115. Juvenile officer or other law enforcement authority to report to superintendent, when, how--superintendent to report certain acts, to whom--notice of suspension or expulsion to court--superin
Juvenile officer or other law enforcement authority to report tosuperintendent, when, how--superintendent to report certain acts, towhom--notice of suspension or expulsion to court--superintendent toconsult.
167.115. 1. Notwithstanding any provision of chapter 211, RSMo, orchapter 610, RSMo, to the contrary, the juvenile officer, sheriff, chief ofpolice or other appropriate law enforcement authority shall, as soon asreasonably practical, notify the superintendent, or the superintendent'sdesignee, of the school district in which the pupil is enrolled when apetition is filed pursuant to subsection 1 of section 211.031, RSMo,alleging that the pupil has committed one of the following acts:
(1) First degree murder under section 565.020, RSMo;
(2) Second degree murder under section 565.021, RSMo;
(3) Kidnapping under section 565.110, RSMo;
(4) First degree assault under section 565.050, RSMo;
(5) Forcible rape under section 566.030, RSMo;
(6) Forcible sodomy under section 566.060, RSMo;
(7) Burglary in the first degree under section 569.160, RSMo;
(8) Robbery in the first degree under section 569.020, RSMo;
(9) Distribution of drugs under section 195.211, RSMo;
(10) Distribution of drugs to a minor under section 195.212, RSMo;
(11) Arson in the first degree under section 569.040, RSMo;
(12) Voluntary manslaughter under section 565.023, RSMo;
(13) Involuntary manslaughter under section 565.024, RSMo;
(14) Second degree assault under section 565.060, RSMo;
(15) Sexual assault under section 566.040, RSMo;
(16) Felonious restraint under section 565.120, RSMo;
(17) Property damage in the first degree under section 569.100, RSMo;
(18) The possession of a weapon under chapter 571, RSMo;
(19) Child molestation in the first degree pursuant to section566.067, RSMo;
(20) Deviate sexual assault pursuant to section 566.070, RSMo;
(21) Sexual misconduct involving a child pursuant to section 566.083,RSMo; or
(22) Sexual abuse pursuant to section 566.100, RSMo.
2. The notification shall be made orally or in writing, in a timelymanner, no later than five days following the filing of the petition. Ifthe report is made orally, written notice shall follow in a timely manner.The notification shall include a complete description of the conduct thepupil is alleged to have committed and the dates the conduct occurred butshall not include the name of any victim. Upon the disposition of any suchcase, the juvenile office or prosecuting attorney or their designee shallsend a second notification to the superintendent providing the dispositionof the case, including a brief summary of the relevant finding of facts, nolater than five days following the disposition of the case.
3. The superintendent or the designee of the superintendent shallreport such information to teachers and other school district employeeswith a need to know while acting within the scope of their assigned duties.Any information received by school district officials pursuant to thissection shall be received in confidence and used for the limited purpose ofassuring that good order and discipline is maintained in the school. Thisinformation shall not be used as the sole basis for not providingeducational services to a public school pupil.
4. The superintendent shall notify the appropriate division of thejuvenile or family court upon any pupil's suspension for more than ten daysor expulsion of any pupil that the school district is aware is under thejurisdiction of the court.
5. The superintendent or the superintendent's designee may be calledto serve in a consultant capacity at any dispositional proceedings pursuantto section 211.031, RSMo, which may involve reference to a pupil's academictreatment plan.
6. Upon the transfer of any pupil described in this section to anyother school district in this state, the superintendent or thesuperintendent's designee shall forward the written notification given tothe superintendent pursuant to subsection 2 of this section to thesuperintendent of the new school district in which the pupil has enrolled.Such written notification shall be required again in the event of anysubsequent transfer by the pupil.
7. As used in this section, the terms "school" and "school district"shall include any charter, private or parochial school or school district,and the term "superintendent" shall include the principal or equivalentchief school officer in the cases of charter, private or parochial schools.
8. The superintendent or the designee of the superintendent or otherschool employee who, in good faith, reports information in accordance withthe terms of this section and section 160.261, RSMo, shall not be civillyliable for providing such information.
(L. 1996 H.B. 1301 & 1298 § 1, A.L. 2000 S.B. 944)