Missouri Revised Statutes
Chapter 167 - Pupils and Special Services
Section 167.625 - Will's law — definitions — epilepsy or seizure disorder, individualized emergency health care plan, requirements — immunity from liability, when.

Effective - 30 Jun 2022
167.625. Will's law — definitions — epilepsy or seizure disorder, individualized emergency health care plan, requirements — immunity from liability, when. — 1. This section shall be known and may be cited as "Will's Law".
2. As used in this section, the following terms mean:
(1) "Individualized emergency health care plan", a document developed by a school nurse, in consultation with a student's parent and other appropriate medical professionals, that is consistent with the recommendations of the student's health care providers, that describes procedural guidelines that provide specific directions about what to do in a particular emergency situation, and that is signed by the parent and the school nurse or the school administrator or the administrator's designee in the absence of the school nurse;
(2) "Individualized health care plan", a document developed by a school nurse, in consultation with a student's parent and other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, that is consistent with the recommendations of the student's health care providers, that describes the health services needed by the student at school, and that is signed by the parent and the school nurse or the school administrator or the administrator's designee in the absence of the school nurse;
(3) "Parent", a parent, guardian, or other person having charge, control, or custody of a student;
(4) "School", any public elementary or secondary school or charter school;
(5) "School employee", a person employed by a school;
(6) "Student", a student who has epilepsy or a seizure disorder and who attends a school.
3. (1) The parent of a student who seeks epilepsy or seizure disorder care while at school shall inform the school nurse or the school administrator or the administrator's designee in the absence of the school nurse. The school nurse shall develop an individualized health care plan and an individualized emergency health care plan for the student. The parent of the student shall annually provide to the school written authorization for the provision of epilepsy or seizure disorder care as described in the individualized plans.
(2) The individualized plans developed under subdivision (1) of this subsection shall be updated by the school nurse before the beginning of each school year and as necessary if there is a change in the health status of the student.
(3) Each individualized health care plan shall, and each individualized emergency health care plan may, include but not be limited to the following information:
(a) A notice about the student's condition for all school employees who interact with the student;
(b) Written orders from the student's physician or advanced practice nurse describing the epilepsy or seizure disorder care;
(c) The symptoms of the epilepsy or seizure disorder for that particular student and recommended care;
(d) Whether the student may fully participate in exercise and sports, and any contraindications to exercise or accommodations that shall be made for that particular student;
(e) Accommodations for school trips, after-school activities, class parties, and other school-related activities;
(f) Information for such school employees about how to recognize and provide care for epilepsy and seizure disorders, epilepsy and seizure disorder first aid training, when to call for assistance, emergency contact information, and parent contact information;
(g) Medical and treatment issues that may affect the educational process of the student;
(h) The student's ability to manage, and the student's level of understanding of, the student's epilepsy or seizure disorder; and
(i) How to maintain communication with the student, the student's parent and health care team, the school nurse or the school administrator or the administrator's designee in the absence of the school nurse, and the school employees.
4. (1) The school nurse assigned to a particular school or the school administrator or the administrator's designee in the absence of the school nurse shall coordinate the provision of epilepsy and seizure disorder care at that school and ensure that all school employees are trained every two years in the care of students with epilepsy and seizure disorders including, but not limited to, school employees working with school-sponsored programs outside of the regular school day, as provided in the student's individualized plans.
(2) The training required under subdivision (1) of this subsection shall include an online or in-person course of instruction approved by the department of health and senior services that is provided by a reputable, local, Missouri-based health care or nonprofit organization that supports the welfare of individuals with epilepsy and seizure disorders.
5. The school nurse or the school administrator, or the administrator's designee in the absence of the school nurse, shall obtain a release from a student's parent to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers. The release shall also authorize the school nurse or the school administrator, or the administrator's designee in the absence of the school nurse, to share medical information with other school employees in the school district as necessary. No sharing of information under this subsection shall be construed to be a violation of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191), as amended, if a student's parent has provided a release under this subsection.
6. No school employee including, but not limited to, a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a school shall be held liable for any good faith act or omission consistent with the provisions of this section, nor shall an action before the state board of nursing lie against a school nurse for any such action taken by a school employee trained in good faith by the school nurse under this section. "Good faith" shall not be construed to include willful misconduct, gross negligence, or recklessness.
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(L. 2022 S.B. 681 & 662 merged with S.B. 710)
Effective 6-30-22

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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.