Section 167.115

Title XI EDUCATION AND LIBRARIES

Chapter 167

Effective - 01 Jan 2017, 2 histories, see footnote   

  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. — 1.  Notwithstanding any provision of chapter 211 or chapter 610 to the contrary, the juvenile officer, sheriff, chief of police or other appropriate law enforcement authority shall, as soon as reasonably practical, notify the superintendent, or the superintendent's designee, of the school district in which the pupil is enrolled when a petition is filed pursuant to subsection 1 of section 211.031 alleging that the pupil has committed one of the following acts:

  (1)  First degree murder under section 565.020;

  (2)  Second degree murder under section 565.021;

  (3)  Kidnapping under section 565.110 as it existed prior to January 1, 2017, or kidnapping in the first degree under section 565.110;

  (4)  First degree assault under section 565.050;

  (5)  Forcible rape under section 566.030 as it existed prior to August 28, 2013, or rape in the first degree under section 566.030;

  (6)  Forcible sodomy under section 566.060 as it existed prior to August 28, 2013, or sodomy in the first degree under section 566.060;

  (7)  Burglary in the first degree under section 569.160;

  (8)  Robbery in the first degree under section 569.020 as it existed prior to January 1, 2017, or robbery in the first degree under section 570.023;

  (9)  Distribution of drugs under section 195.211 as it existed prior to January 1, 2017, or manufacture of a controlled substance under section 579.055;

  (10)  Distribution of drugs to a minor under section 195.212 as it existed prior to January 1, 2017, or delivery of a controlled substance under section 579.020;

  (11)  Arson in the first degree under section 569.040;

  (12)  Voluntary manslaughter under section 565.023;

  (13)  Involuntary manslaughter under section 565.024 as it existed prior to January 1, 2017, involuntary manslaughter in the first degree under section 565.024, or involuntary manslaughter in the second degree under section 565.027;

  (14)  Second degree assault under section 565.060 as it existed prior to January 1, 2017, or second degree assault under section 565.052;

  (15)  Sexual assault under section 566.040^* as it existed prior to August 28, 2013, or rape in the second degree under section 566.031;

  (16)  Felonious restraint under section 565.120 as it existed prior to January 1, 2017, or kidnapping in the second degree under section 565.120;

  (17)  Property damage in the first degree under section 569.100;

  (18)  The possession of a weapon under chapter 571;

  (19)  Child molestation in the first degree pursuant to section 566.067 as it existed prior to January 1, 2017;

  (20)  Child molestation in the first, second, or third degree pursuant to sections 566.067, 566.068, or 566.069;

  (21)  Deviate sexual assault pursuant to section 566.070^** as it existed prior to August 28, 2013, or sodomy in the second degree under section 566.061;

  (22)  Sexual misconduct involving a child pursuant to section 566.083; or

  (23)  Sexual abuse pursuant to section 566.100 as it existed prior to August 28, 2013, or sexual abuse in the first degree under section 566.100.

  2.  The notification shall be made orally or in writing, in a timely manner, no later than five days following the filing of the petition.  If the report is made orally, written notice shall follow in a timely manner.  The notification shall include a complete description of the conduct the pupil is alleged to have committed and the dates the conduct occurred but shall not include the name of any victim.  Upon the disposition of any such case, the juvenile office or prosecuting attorney or their designee shall send a second notification to the superintendent providing the disposition of the case, including a brief summary of the relevant finding of facts, no later than five days following the disposition of the case.

  3.  The superintendent or the designee of the superintendent shall report such information to teachers and other school district employees with a need to know while acting within the scope of their assigned duties.  Any information received by school district officials pursuant to this section shall be received in confidence and used for the limited purpose of assuring that good order and discipline is maintained in the school.  This information shall not be used as the sole basis for not providing educational services to a public school pupil.

  4.  The superintendent shall notify the appropriate division of the juvenile or family court upon any pupil's suspension for more than ten days or expulsion of any pupil that the school district is aware is under the jurisdiction of the court.

  5.  The superintendent or the superintendent's designee may be called to serve in a consultant capacity at any dispositional proceedings pursuant to section 211.031 which may involve reference to a pupil's academic treatment plan.

  6.  Upon the transfer of any pupil described in this section to any other school district in this state, the superintendent or the superintendent's designee shall forward the written notification given to the superintendent pursuant to subsection 2 of this section to the superintendent of the new school district in which the pupil has enrolled.  Such written notification shall be required again in the event of any subsequent transfer by the pupil.

  7.  As used in this section, the terms "school" and "school district" shall include any charter, private or parochial school or school district, and the term "superintendent" shall include the principal or equivalent chief school officer in the cases of charter, private or parochial schools.

  8.  The superintendent or the designee of the superintendent or other school employee who, in good faith, reports information in accordance with the terms of this section and section 160.261 shall not be civilly liable for providing such information.

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(L. 1996 H.B. 1301 & 1298 § 1, A.L. 2000 S.B. 944, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)

Effective 1-01-17

*Section 566.040 was transferred to 566.031, H.B. 215, 2013

**Section 566.070 was transferred to 566.061, H.B. 215, 2013