Effective - 28 Aug 2019, 3 histories
162.068. Former employees, information provided by school district, written policy required — suspension of employee under investigation — immunity from liability, when, exception. — 1. (1) By July 1, 2012, every school district shall adopt a written policy on information that the district provides about former employees, both certificated and noncertificated, to other public schools. By July 1, 2014, every charter school shall adopt a written policy on information that the charter school provides about former employees, both certificated and noncertificated, to other public schools. The policy shall include who is permitted to respond to requests for information from potential employers and the information the district or charter school would provide when responding to such a request. The policy shall require that notice of this provision be provided to all current employees and to all potential employers who contact the school district or charter school regarding the possible employment of an employee.
(2) The policy described under this subsection shall require the district or charter school to disclose, to any public school that contacts such district or charter school about a former employee, information regarding any violation of the published regulations of the board of education of the district or the governing body of the charter school by the former employee if such violation related to sexual misconduct with a student and was determined to be an actual violation by the board of the district or the governing body of the charter school after a contested case due process hearing conducted pursuant to board policy.
2. Any school district or charter school that employs a person about whom the children's division conducts an investigation involving allegations of sexual misconduct with a student and reaches a finding of substantiated shall immediately suspend the employment of such person, notwithstanding any other provision of law, but the district or charter school may return the person to his or her employment if the child abuse and neglect review board's finding that the allegation is substantiated is reversed by a court on appeal and becomes final. Nothing shall preclude a school district or charter school from otherwise lawfully terminating the employment of any employee about whom there has been a finding of unsubstantiated resulting from an investigation by the children's division involving allegations of sexual misconduct with a student.
3. Any employee who is permitted to respond to requests for information regarding former employees under a policy adopted by his or her school district or charter school under this section and who communicates only the information which such policy directs, and who acts in good faith and without malice shall be immune against any civil action for damages brought by the former employee arising out of the communication of such information. If any such action is brought, the employee may, at his or her option, request the attorney general to defend him or her in such suit and the attorney general shall provide such defense, except that if the attorney general represents the school district or the department of elementary and secondary education in a pending licensing matter under section 168.071 the attorney general shall not represent the school district employee.
4. Notwithstanding the provisions of subsection 2 of this section, if a district or charter school that has employed any employee whose job involves contact with children receives allegations of sexual misconduct, as provided in section 566.083, concerning the employee and, as a result of such allegations or as a result of such allegations being substantiated by the child abuse and neglect review board, dismisses the employee or allows the employee to resign in lieu of being fired and fails to disclose the allegations of sexual misconduct when furnishing a reference for the former employee or responding to a potential employer's request for information regarding such employee, the district or charter school shall be directly liable for damages to any student of a subsequent employing district or charter school who is found by a court of competent jurisdiction to be a victim of the former employee's sexual misconduct, and the district or charter school shall bear third-party liability to the employing district or charter school for any legal liability, legal fees, costs, and expenses incurred by the employing district or charter school caused by the failure to disclose such information to the employing district or charter school.
5. If a school district or charter school has previously employed a person about whom the children's division has conducted an investigation involving allegations of sexual misconduct with a student and has reached a finding of substantiated and another public school contacts the district or charter school for a reference for the former employee, the district or charter school shall disclose the results of the children's division's investigation to the public school.
6. Any school district or charter school employee, acting in good faith, who reports alleged sexual misconduct on the part of a teacher or other school employee shall not be discharged or otherwise discriminated against in any fashion because of such reporting.
7. Any school district or charter school shall, before offering employment to any teacher who was employed by a Missouri school district or charter school, contact the department of elementary and secondary education to determine the school district or charter school that previously employed such employee. School districts and charter schools* contacting the department under this subsection shall request, from the most recent, information as outlined in this section regarding the former employee.
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(L. 2011 S.B. 54, A.L. 2013 H.B. 505, A.L. 2019 H.B. 604)
*Word "school" appears in original rolls.
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 162 - School Districts
Section 162.014 - Registered sex offenders prohibited from being school board candidates.
Section 162.031 - Division or addition to district — apportionment of property and obligations.
Section 162.051 - Special board meetings, how called — notice.
Section 162.058 - Community engagement policy, requirements.
Section 162.063 - School districts may provide hospital and medical coverage for students, when.
Section 162.064 - Bus drivers, medical endorsement required, when.
Section 162.065 - Bus driver training required.
Section 162.073 - Definitions.
Section 162.085 - Lapse of district upon withdrawal of provisional accreditation.
Section 162.152 - Section of district reorganization created — duties.
Section 162.171 - Reorganization plans may be proposed.
Section 162.181 - Reorganization, procedure.
Section 162.191 - Election in proposed district.
Section 162.201 - Certification of election results.
Section 162.202 - Consolidation of two or more school districts, tax rate ceiling how calculated.
Section 162.204 - Permanent records, digital or electronic format permitted.
Section 162.208 - Internet websites, required postings.
Section 162.211 - Seven-director district, who may establish.
Section 162.212 - Six-director school district to be known as seven-director school district.
Section 162.215 - School officers may be commissioned to enforce certain criminal laws.
Section 162.221 - Seven-director district, procedure to organize.
Section 162.231 - Failure to approve proposed district — effect.
Section 162.241 - Election of directors in newly formed district — costs of election, how paid.
Section 162.281 - Candidate to declare for term of specific number of years, when.
Section 162.291 - Directors — election — qualifications.
Section 162.301 - Organization of board — quorum — officers.
Section 162.311 - Name of district adopted, when — seal required.
Section 162.321 - Change of district name — effect.
Section 162.341 - Annual election, when held.
Section 162.351 - Election commissioners to conduct elections in certain districts.
Section 162.371 - Secretary to issue certificates.
Section 162.381 - Conduct of special elections.
Section 162.401 - Treasurer's bond.
Section 162.411 - Board may employ attorney.
Section 162.441 - Annexation — procedure, alternative — form of ballot.
Section 162.451 - Dissolution of district.
Section 162.461 - Corporate powers of urban districts.
Section 162.471 - Board of directors — qualifications, terms, vacancies.
Section 162.501 - Secretary to issue certificates of election.
Section 162.511 - Duties, restrictions and liabilities of the board — quorum — seal.
Section 162.521 - Selection of officers of the board — terms — removal.
Section 162.531 - Duties of the secretary — bond.
Section 162.541 - Bond of treasurer.
Section 162.551 - Compensation of treasurer and secretary.
Section 162.571 - Corporate powers of metropolitan district — board of education, powers.
Section 162.591 - Organization of board — board to appoint acting superintendent, when.
Section 162.603 - Nominations — procedure.
Section 162.611 - Failure to attend board meetings, effect — vacancies, how filled.
Section 162.621 - Powers and duties of board of education — special administrative board.
Section 162.631 - Jurisdiction of circuit court over board — how exercised.
Section 162.641 - Treasurer, duties — bond.
Section 162.651 - Testimony taken in board's investigations to be under oath.
Section 162.661 - Annual report of the board.
Section 162.666 - St. Louis students' bill of rights.
Section 162.670 - Statement of policy.
Section 162.675 - Definitions.
Section 162.680 - Disabled children to be educated with others whenever possible.
Section 162.685 - Hearings by state board on adoption of standards and regulations.
Section 162.686 - Audio recording of meetings not to be prohibited — violation, penalty.
Section 162.690 - Advisory committees authorized — how appointed.
Section 162.710 - Transportation, how provided.
Section 162.722 - Acceleration of students, subject or whole grade, when.
Section 162.740 - District of residence to pay toward cost, when — amount, how calculated.
Section 162.756 - Transportation by common carriers for students of schools for the blind and deaf.
Section 162.760 - Additional personnel of state board, appointment of.
Section 162.770 - Reports by superintendents of state schools for deaf and blind required, when.
Section 162.785 - State board authorized to acquire property and to receive and administer grants.
Section 162.795 - Boards of advisors, terms, appointment, duties, meetings.
Section 162.800 - Board of advisors — compensation and expenses of members.
Section 162.805 - State and area advisory committees, how appointed — tenure.
Section 162.810 - Employees not to have interest in sales to schools, penalty.
Section 162.820 - Preexisting special districts covered by sections 162.670 to 162.995.
Section 162.821 - District secretary, duties of — report, contents of.
Section 162.825 - Special district, procedure to establish.
Section 162.830 - Special district may include one or more school districts.
Section 162.840 - Form of ballot.
Section 162.841 - Records to be kept — changes to be reported.
Section 162.845 - Organization election results, how determined — election of directors, when.
Section 162.855 - Board of education of a special school district, duties and powers.
Section 162.859 - Board members to file financial interest statements.
Section 162.860 - Candidates for board, qualifications — filing for office, where.
Section 162.865 - Election at large — terms of office.
Section 162.870 - Results, how certified.
Section 162.875 - District a body corporate and a political subdivision — powers granted.
Section 162.880 - Establishment of schools, when.
Section 162.885 - Determination of eligibility of child, how made.
Section 162.895 - Vocational training to be provided.
Section 162.900 - Transportation of students required — state transportation aid authorized.
Section 162.905 - Cooperative activities authorized.
Section 162.910 - Election of board members — term — declarations of.
Section 162.915 - Acquisition of property — condemnation powers — sites, how selected.
Section 162.920 - Tax rate — how increased.
Section 162.930 - Approval for state aid, how obtained.
Section 162.935 - State aid, how computed.
Section 162.940 - Tuition fees, how set — who shall pay.
Section 162.945 - Notice to parent or guardian of diagnosis — contents of notice.
Section 162.958 - Law in effect at time of request to be utilized.
Section 162.962 - Decision subject to review, when, procedure.
Section 162.963 - Rights of parties — record of proceedings, how kept — costs, how paid.
Section 162.974 - Reimbursement for education costs of high-need children.
Section 162.997 - Surrogates appointed, when — state board of education, duties — definitions.
Section 162.998 - Board of education to be notified of need of surrogate, when, appointment, when.
Section 162.1040 - Citation of law — not applicable to certain districts.
Section 162.1042 - Definitions.
Section 162.1045 - State board of education to develop guidelines for enrollment option plan.
Section 162.1049 - Nonresident district and resident district to accept each other's credits.
Section 162.1052 - Rejection of admission of a nonresident by nonresident district, when.
Section 162.1059 - Federal court ordering desegregation court order to govern enrollment option.
Section 162.1061 - Transfer corporations (metropolitan schools), computation of state aid.
Section 162.1130 - Definitions.
Section 162.1139 - Joint referral service developed, rehabilitation services.
Section 162.1142 - Blindness skills specialist fund created.
Section 162.1195 - Fine arts, professional development education assistance.
Section 162.1255 - Funding for competency-based courses — amount.