Effective - 28 Aug 2004
167.166. Prohibition on strip searches, exceptions — strip search defined — violation, penalty — prohibition on removal of certain items not deemed disruptive. — 1. Except as provided in subsections 2 and 3 of this section, no employee of or volunteer at any public school or charter school within this state shall perform a strip search, as that term is defined in section 544.193, of any student of any such school. However, strip searches may be conducted by, or under the authority of, a commissioned law enforcement officer.
2. A student may be strip searched by a school employee only if a commissioned law enforcement officer is not immediately available and if the school employee reasonably believes that a student possesses a weapon, explosive, or substance that poses an imminent threat of physical harm to himself or herself or another person.
3. For the purposes of this section, the term "strip search" shall not include the removal of clothing in order to investigate the potential abuse or neglect of a student; give medical attention to a student; provide health services to a student; or screen a student for medical conditions.
4. If a student is strip searched by an employee of a school or a commissioned law enforcement officer, the district will attempt to notify the student's parent or guardian as soon as possible.
5. Any employee of a public school or charter school who violates the provisions of subsections 1 to 4 of this section shall be immediately suspended without pay, pending an evidentiary hearing when such employee is entitled by statute or contract to such hearing. If an employee is not entitled to such evidentiary hearing, the employee shall be suspended pending completion of due process or further disciplinary action as provided in the district's personnel policies, as applicable.
6. For the purposes of subsections 1 to 5 of this section, the term "employee" shall include all temporary, part-time, and full-time employees of a public school or charter school.
7. No employee of or volunteer in or school board member of or school district administrator of a public school or charter school shall direct a student to remove an emblem, insignia, or garment, including a religious emblem, insignia, or garment, as long as such emblem, insignia, or garment is worn in a manner that does not promote disruptive behavior.
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(L. 2004 S.B. 968 and S.B. 969)
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.