Effective - 28 Aug 2010
167.117. Principal, teachers, school employees to report certain acts, to whom, exceptions — limit on liability — penalty. — 1. In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first, second or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent, except in any instance when any person is believed to have committed an act which if committed by an adult would be assault in the third degree and a written agreement as to the procedure for the reporting of such incidents of third degree assault has been executed between the superintendent of the school district and the appropriate local law enforcement agency, the principal shall report such incident to the appropriate local law enforcement agency in accordance with such agreement.
2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, including but not limited to the school playground or the school parking lot, on a school bus or at a school activity whether on or off of school property any controlled substance as defined in section 195.010 or any weapon as defined in subsection 6 of section 160.261 in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.
3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.
4. A school employee, superintendent or such person's designee who in good faith provides information to law enforcement or juvenile authorities pursuant to this section or section 160.261 shall not be civilly liable for providing such information.
5. Any school official responsible for reporting pursuant to this section or section 160.261 who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091.
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(L. 1996 H.B. 1301 & 1298 § 2, A.L. 1997 H.B. 641 & 593, A.L. 2000 S.B. 944, A.L. 2010 H.B. 1543)
(2013) School personnel following requirements of section are entitled to immunity under the federal Coverdell Act. T.B. v. Hazelwood School Dist., 417 S.W.3d 261 (Mo.App.E.D.).
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 167 - Pupils and Special Services
Section 167.022 - Request for records, placed pupils.
Section 167.026 - Expungement of disciplinary records, exception.
Section 167.029 - School uniforms.
Section 167.051 - Compulsory attendance of part-time schools.
Section 167.061 - Penalty for violating compulsory attendance law.
Section 167.111 - Officials to enforce compulsory attendance law.
Section 167.113 - Compliance with federal laws relating to pupil rights required.
Section 167.121 - Assignment of pupil to another district, when — tuition, how paid, amount.
Section 167.122 - Placed pupils, notification of district, distribution of information.
Section 167.182 - HPV informational brochure, contents.
Section 167.191 - Children with contagious diseases not to attend school — penalty.
Section 167.201 - School lunch program — funds — duties of state board.
Section 167.211 - School boards may provide for sale of lunches to children.
Section 167.223 - High school may offer postsecondary course options — fees.
Section 167.232 - Tax for extra transportation may be rescinded, procedure.
Section 167.265 - School counselors, grades kindergarten through nine — eligibility — application.
Section 167.266 - Academic and career counseling program — rulemaking authority.
Section 167.268 - Policy for reading success plans — state board to develop guidelines.
Section 167.335 - Alternative education grants — qualifications — joint applications.
Section 167.349 - Charter schools, establishment.
Section 167.600 - Definitions — nonseverability.
Section 167.614 - Discontinuance of participation.
Section 167.617 - Continuation of services previously provided.
Section 167.619 - Most accessible care to be provided — discrimination prohibited.
Section 167.624 - Lifesaving training — CPR.
Section 167.627 - Possession and self-administration of medication in school — requirements.
Section 167.637 - Influenza and influenza vaccination information, provided when.
Section 167.638 - Meningitis immunization, brochure, contents.
Section 167.720 - Physical education required — definitions.
Section 167.803 - Training of school employees, content, requirements.
Section 167.809 - Diabetic care may be provided to students, when, trained personnel to be on site.
Section 167.818 - Student may perform certain diabetic care for self, when.
Section 167.821 - Immunity from liability, when
Section 167.824 - Rulemaking authority.
Section 167.902 - Critical need occupations, data and information distribution.
Section 167.903 - Personal plan of study for certain students, contents — waiver.
Section 167.905 - At-risk students to be identified, district policy required.