DISCIPLINE REPORTING AND RECORDS
In compliance with state law, the Board of Education establishes explicit channels of communication between teachers, administrators, law enforcement officials and other schools concerning acts of school violence and other behaviors that endanger the welfare or safety of students, staff and/or patrons of the district. The purpose of this policy is to designate specific actions committed by students that must be reported to teachers, administrators and/or law enforcement officials as well as those actions that must be documented in a student’s discipline record.
The following definitions and terms apply to this policy:
1. Act of School Violence/Violent Behavior — The exertion of physical force by a student with the intent to do serious physical injury to another person while on school property, including while on school transportation in service on behalf of the district, or while involved in school activities.
2. Serious Physical Injury — Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of any part of the body.
3. Serious Violation of District’s Discipline Policy — One (1) or more of the following acts if committed by a student enrolled in the district:
Any act of school violence/violent behavior.
Any offense that occurs on school property, on school transportation or at any school activity and that is required by law to be reported to law enforcement officials.
Any offense that results in an out-of-school suspension for more than ten (10) school days.
4. Need to Know — Relates to school personnel who are directly responsible for the student’s education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties.
5. School Property — Property utilized, supervised, rented, leased or controlled by the school district including, but not limited to, school playgrounds, parking lots, designated bus stops, school transportation and any property on which any school activity takes place.
Reporting to School Staff
School administrators shall report acts of school violence to teachers and other school district employees with a need to know the information to adequately supervise the students and to protect themselves or others. In addition, any portion of a student’s Individualized Education Program (IEP) that is related to demonstrated or potentially violent behavior shall be provided to any teacher and other district employees with a need to know the information.
Teachers and other school district employees who have a need to know will also be informed by the superintendent or designee of any act committed or allegedly committed by a student in the district that is reported to the district by a juvenile officer or an employee of the Children’s Division (CD) of the Department of Social Services, sheriff, chief of police or other appropriate law enforcement authority in accordance with state law. Such reports shall not be used as the sole basis for denying educational services to a student.
Reporting to Law Enforcement Officials
Any felony listed in this section, or any act that if committed by an adult would be a felony listed in this section, that is committed on school property, on any school transportation or at any school activity must be reported by the appropriate school administrator to the appropriate law enforcement agency as soon as reasonably practical. The following acts are subject to this reporting requirement:
1. First or second degree murder under §§ 565.020, .021, RSMo.
2. Voluntary or involuntary manslaughter under § 565.024, RSMo.
3. Kidnapping under § 565.110, RSMo.
4. First, second or third degree assault under §§ 565.050, .060, .070, RSMo.
5. Sexual assault or deviate sexual assault under §§ 566.040, .070, RSMo.
6. Forcible rape or sodomy under §§ 566.030, .060, RSMo.
7. Burglary in the first or second degree under §§ 569.160, .170, RSMo.
8. Robbery in the first degree under § 569.020, RSMo.
9. Possession of a weapon under chapter 571, RSMo.
10. Distribution of drugs under §§ 195.211, .212, RSMo.
11. Arson in the first degree under § 569.040, RSMo.
12. Felonious restraint under § 565.120, RSMo.
13. Property damage in the first degree under § 569.100, RSMo.
14. Child molestation in the first degree pursuant to § 566.067, RSMo.
15. Sexual misconduct involving a child pursuant to § 566.083, RSMo.
16. Sexual abuse pursuant to § 566.100, RSMo.
In addition, the superintendent shall notify the appropriate division of the juvenile or family court upon suspension for more than ten (10) days or expulsion of any student who the school district is aware is under the jurisdiction of the court.
Any teacher or other employee who is aware of an incident in which a person is believed to have committed an act that if committed by an adult would be first, second or third degree assault, sexual assault or deviate sexual assault against a student or school employee, while on school property, school transportation or at school activities shall immediately report such incident to the principal. The employee shall also inform the principal if a student is discovered to possess a controlled substance or weapon in violation of the district’s policy. The principal shall immediately report these offenses to the appropriate law enforcement agency and the superintendent.
A written agreement may be developed between the superintendent and the appropriate local law enforcement agency as to the procedure for reporting any incident in which a student is believed to have committed an act that if committed by an adult would be third degree assault. If such an agreement exists in the district, the principal shall report third degree assaults to the appropriate local law enforcement agency in accordance with such agreement.
School districts may report or disclose education records to law enforcement and juvenile justice authorities if the disclosure concerns law enforcement’s or juvenile justice authorities’ ability to effectively serve, prior to adjudication, the student whose records are released. The officials and authorities to whom such information is disclosed must comply with applicable restrictions set forth in state and federal law.
Student Discipline Records
The Board of Education directs the superintendent or designee to compile and maintain records of any serious violation of the district’s discipline policy for each student enrolled in the district. Such records shall be made available to teachers and other school district employees with a need to know, and shall be provided within five (5) business days of receiving the request, in accordance with state law, to any school district in which the student subsequently attempts to enroll. If a student is placed in another school by the CD, the records will be transferred to the new school within two (2) business days after notification by the CD. Personally identifiable student records will only be released or destroyed in accordance with state and federal law.
Rates and durations of, and reasons for, suspensions of ten (10) days or longer and expulsions of students shall be reported pursuant to Department of Elementary and Secondary Education (DESE) data reporting requirements.
Any information received by a school district employee relating to the conduct of a student shall be received in confidence and used for the limited purpose of assuring that good order and discipline are maintained in the schools.
Teachers and authorized district personnel, including volunteers selected with reasonable care by the district, shall not be civilly liable when acting in accordance with the Board’s discipline policies or when reporting to the appropriate supervisor or other person acts of school violence or threatened acts of school violence, pursuant to law and district policy.
* * * * * * *
|Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.|
Legal Refs: §§ 160.261, .522, 167.020, .115 – .117, .122, 210.865, 211.032, 565.002,
Raymondville R-VII School District, Raymondville, Missouri
© 2004, Missouri School Boards’ Association, Registered in U.S. Copyright Office
For Office Use Only: JGF-C.1H (12/04)