Missouri Revised Statutes
Chapter 167 - Pupils and Special Services
Section 167.161 - Suspension or expulsion of pupil — notice — hearing — felony violation, grounds for suspension.

Effective - 28 Aug 1997
167.161. Suspension or expulsion of pupil — notice — hearing — felony violation, grounds for suspension. — 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings. After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.
2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.
3. The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing. Notwithstanding any other provision of law to the contrary, student discipline hearings or proceedings related to the rights of students to attend school or to receive academic credit shall not be required to comply with the requirements applicable to contested case hearings as provided in chapter 536, provided that appropriate due process procedures shall be observed which shall include the right for a trial de novo by the circuit court.
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(L. 1963 p. 200 § 8-16, A.L. 1995 174, et al., A.L. 1996 H.B. 791 merged with H.B. 1301 & 1298, A.L. 1997 H.B. 641 & 593)
(Source: RSMo 1959 §§ 163.010, 165.393)
(2022) School district is not obligated to provide certain due process rights, including right to trial de novo in circuit court, before a student can be denied attendance for failure to comply with vaccine immunization requirements. Baker v. Crossroads Academy-Central Street, 618 S.W.3d 581 (Mo.App.W.D.).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XI - Education and Libraries

Chapter 167 - Pupils and Special Services

Section 167.018 - Foster care education bill of rights — school district liaisons to be designated, duties.

Section 167.019 - Placement decisions, agencies to consider foster child's school attendance area — right to remain in certain districts — course work to be accepted — graduation requirements — rulemaking authority.

Section 167.020 - Registration requirements — homeless child or youth defined — residency — hardship waiver — recovery of costs, when — records to be requested, provided, when — military relocation, remote registration permitted.

Section 167.022 - Request for records, placed pupils.

Section 167.023 - Affidavit of expulsion for certain offenses required for student admission — false statements, penalty.

Section 167.026 - Expungement of disciplinary records, exception.

Section 167.029 - School uniforms.

Section 167.031 - School attendance compulsory, who may be excused — nonattendance, penalty — home school, definition, requirements — school year defined — daily log, defense to prosecution — compulsory attendance age for the district defined.

Section 167.034 - Absences in St. Louis City reported to children's division, when, notification requirements — duties of children's division.

Section 167.042 - Home school, declaration of enrollment, contents — filing with recorder of deeds or chief school officer — fee.

Section 167.051 - Compulsory attendance of part-time schools.

Section 167.052 - Applicability of compulsory attendance and part-time school requirements for metropolitan school districts.

Section 167.061 - Penalty for violating compulsory attendance law.

Section 167.071 - School attendance officers in seven-director districts, powers and duties — powers of police officers in certain areas.

Section 167.091 - Truant or parental schools, establishment — attendance may be compelled — neglected children, attendance — support payments.

Section 167.101 - Certain persons may administer oaths and take affidavits — issuance of certificates.

Section 167.111 - Officials to enforce compulsory attendance law.

Section 167.113 - Compliance with federal laws relating to pupil rights required.

Section 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 — superintendent to consult.

Section 167.117 - Principal, teachers, school employees to report certain acts, to whom, exceptions — limit on liability — penalty.

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 167.123 - Notification to superintendent, when, manner — responsibility of superintendent upon notification — confidentiality of information.

Section 167.125 - Assignment of certain students to another district, procedure — tuition — transportation routes. (St. Elizabeth, St. Albans, and Maries County).

Section 167.126 - Children admitted to certain programs or facilities, right to educational services — school district, per pupil cost, payment — inclusion in average daily attendance, payments in lieu of taxes, when.

Section 167.128 - Neglected and delinquent children, department not to aggregate data with regularly enrolled pupil data.

Section 167.131 - District not maintaining a high school through twelfth grade shall pay tuition and transportation, when — amount charged.

Section 167.132 - Tuition rate paid by sending district to receiving district — definitions — amount.

Section 167.141 - Amount deductible from per pupil cost in computing tuition to be added to apportionment of district of residence, when.

Section 167.151 - Admission of nonresident and other tuition pupils — certain pupils exempt from tuition — school tax credited against tuition — owners of agricultural land in more than one district, options, notice required, when — teachers, childre...

Section 167.161 - Suspension or expulsion of pupil — notice — hearing — felony violation, grounds for suspension.

Section 167.164 - Suspension or expulsion not to relieve duty to educate — district to pay costs of alternative education — voucher — district may contract for alternative education services.

Section 167.166 - Prohibition on strip searches, exceptions — strip search defined — violation, penalty — prohibition on removal of certain items not deemed disruptive.

Section 167.168 - Radio frequency identification technology, students not required to use identification device to monitor or track student location — definition.

Section 167.171 - Summary suspension of pupil — appeal — grounds for suspension — procedure — conference required, when — statewide suspension, when.

Section 167.181 - Immunization of pupils against certain diseases compulsory — exceptions — records — to be at public expense, when — fluoride treatments administered, when — rulemaking authority, procedure.

Section 167.182 - HPV informational brochure, contents.

Section 167.183 - Immunization records, disclosure, to whom — disclosure for unauthorized purpose, liability.

Section 167.191 - Children with contagious diseases not to attend school — penalty.

Section 167.201 - School lunch program — funds — duties of state board.

Section 167.208 - Allergy prevention and response policy required, contents — model policy authorized.

Section 167.211 - School boards may provide for sale of lunches to children.

Section 167.221 - Lunch programs in urban districts — managers and assistants, designation, duties — deposit and withdrawal of funds.

Section 167.223 - High school may offer postsecondary course options — fees.

Section 167.225 - Definitions — instruction in Braille for visually impaired students — teacher certification — BRITE act, blind or visually impaired students, Braille instruction requirements.

Section 167.227 - Summer school programs — attendance outside of district — funding, cooperation among districts.

Section 167.231 - Transportation of pupils by districts, except metropolitan — mileage limits for state aid — extra transportation, district expense — election, ballot form.

Section 167.232 - Tax for extra transportation may be rescinded, procedure.

Section 167.241 - Transportation of pupils to another district — approved charter school transportation.

Section 167.251 - Board to prescribe rules and regulations — driver to give bond — fund charged with transportation expenses.

Section 167.260 - Program for developmentally delayed, ages three and four — program for children from at-risk families.

Section 167.263 - Teacher assistants, grades kindergarten through three — program established — eligibility — application for assistance — rules, promulgation, 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 167.270 - Specialized courses of instruction — pupils at risk of dropping out — pregnant teens and teen mothers.

Section 167.273 - Program of parent education — pregnant teens, teen parents — at-risk families, characteristics — potential dropouts, characteristics.

Section 167.275 - Dropouts to be reported to state literacy hot line — availability of information on website.

Section 167.278 - Chief school officers to provide information on postsecondary financial assistance.

Section 167.280 - Support services for students at high risk — application, elements — priority applications, elements — use of funds — allowable costs.

Section 167.335 - Alternative education grants — qualifications — joint applications.

Section 167.340 - Read to be ready program — certain students to increase average daily attendance — reading improvement instruction.

Section 167.343 - Reading assessment costs, competitive matching grant program — application — requirements — reimbursement of district's funds, when — allocation of grants.

Section 167.346 - List of recommended reading assessments — state board's duties — department's duties — rules.

Section 167.349 - Charter schools, establishment.

Section 167.600 - Definitions — nonseverability.

Section 167.603 - Grants to assist public schools health services, preference — rules — Medicaid payment incentives.

Section 167.606 - Plan to encourage public schools and school districts to be Medicaid providers — services which may be provided, scope of services — who may provide services — employment of personnel.

Section 167.609 - Underwriting of costs, determination of amount, assessment — disbursement transfer to health initiatives fund, arrangement — method of disbursement of funds — procedure.

Section 167.611 - Advisory committee may be established, members, duties and powers — consent form, checklist, prerequisite — identification of family practitioner — distribution of contraceptive devices and drugs prohibited.

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 167.621 - Authorization of parent or guardian, prerequisite — administration of medicine, first aid, immunity.

Section 167.624 - Lifesaving training — CPR.

Section 167.625 - Will's law — definitions — epilepsy or seizure disorder, individualized emergency health care plan, requirements — immunity from liability, when.

Section 167.627 - Possession and self-administration of medication in school — requirements.

Section 167.630 - Epinephrine prefilled auto syringes, school nurse authorized to maintain adequate supply — administration authorized, when.

Section 167.635 - Asthma-related rescue medications, school nurse may be authorized by school board to maintain, procedure.

Section 167.637 - Influenza and influenza vaccination information, provided when.

Section 167.638 - Meningitis immunization, brochure, contents.

Section 167.640 - Student promotion conditioned on remediation — tutorial activities and other suggested programs.

Section 167.645 - Reading assessments required, when — reading success plan required, when — intensive reading instruction required, when — notification of parents, when — retention in grade permitted, when — district duties — report.

Section 167.680 - After-school retreat reading and assessment program established — grants awarded, procedure — fund created — rulemaking authority.

Section 167.700 - Involvement of parents and families, state board and school districts to adopt policies, content — review of policies.

Section 167.720 - Physical education required — definitions.

Section 167.765 - Interscholastic youth sports brain injury prevention, rulemaking authority — information distribution — removal of athletes from competition, when.

Section 167.775 - Annual report on impact of concussions and head injuries, statewide athletic organizations.

Section 167.800 - Definitions

Section 167.803 - Training of school employees, content, requirements.

Section 167.806 - Plan to be submitted by parent or guardian of student with diabetes — review by school.

Section 167.809 - Diabetic care may be provided to students, when, trained personnel to be on site.

Section 167.812 - Diabetic care not practice of nursing, when — health care professionals may provide training.

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 167.850 - Pilot recovery high schools — definitions — designation, procedure — agreement for enrollment — policy for tuition rates — rulemaking authority.

Section 167.890 - Student performance data scores, department to compile and maintain — rulemaking authority.

Section 167.895 - Student transfer to another public school, when — definitions — lack of capacity at attendance centers, options — requirements.

Section 167.898 - Available enrollment slots to be reported to department, when - procedure for students seeking transfer.

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.

Section 167.908 - Federal aid for students in career and technical education programs — completion of application, procedure.

Section 167.910 - Career readiness course task force established, purpose, members, meetings, duties — findings and recommendations.

Section 167.910 - Career readiness course task force established, purpose, members, meetings, duties — findings and recommendations.

Section 167.950 - Dyslexia screening guidelines — screenings required, when — definitions — rulemaking authority.