Safe Schools Act

Section 167.115, RSMo requires the juvenile officer as soon as reasonably practical to notify the school superintendent when the juvenile officer files a petition alleging that a pupil has committed any one of a specific list of crimes.  The notification can be oral or in writing, but if made orally, written notice must follow in a timely manner.  The notice is required to include a complete description of the conduct and the dates, but shall not include the name of the victim.

The school superintendent may report such information to teachers and school district employees who have a ”need to know.”  The school district and its employees must hold this information in confidence.  The school superintendent must also notify the juvenile court if the pupil is suspended for more than 10 days or if the pupil is expelled and the district is aware that the juvenile is under the jurisdiction of the juvenile court. The statute also authorizes the school superintendent to serve as a consultant at any dispositional hearing.

The specific list of crimes that must be reported by the juvenile officer to the school superintendent is as follows:

First Degree Murder under Section 565.020, RSMo

Second Degree Murder under Section 565.021, RSMo

Kidnaping under Section 565.110, RSMo

First Degree Assault under Section 565.050, RSMo

Forcible Rape under Section 566.030, RSMo

Forcible Sodomy under Section 566.060, RSMo

Burglary in the First Degree under Section 569.160, RSMo

Robbery in the First Degree under Section 569.020, RSMo

Distribution of Drugs under Section 195.211, RSMo

Distribution of Drugs to a Minor under Section 195.212, RSMo

Arson in the First Degree under Section 569.040, RSMo

Voluntary Manslaughter under Section 565.023, RSMo

Involuntary Manslaughter under Section 565.024, RSMo

Second Degree Assault under Section 565.060, RSMo

Sexual Assault under Section 566.040, RSMo

Felonious Restraint under Section 565.120, RSMo

Property Damage in the First Degree under Section 569.100, RSMo

Possession of a Weapon under Chapter 571, RSMo

Child Molestation in the First Degree pursuant to Section 566.067, RSMo

Deviate Sexual Assault pursuant to Section 566.070, RSMo

Sexual Misconduct Involving a Child pursuant to Section 566.083, RSMo

Sexual Abuse pursuant to Section 566.100, RSMo

In addition to reporting to the school superintendent when a petition is filed alleging the pupil has committed certain crimes, the juvenile officer or the prosecuting attorney or designee is required to send a second notification to the school superintendent providing the disposition of the case, including a brief summary of the relevant finding of facts.  Such second notification must be sent no later than five days following the disposition.

It is suggested that a two part form be developed for use by the juvenile officer which allows the juvenile officer to fill out part one checking the appropriate box to designate the specific crime or crimes which are alleged in the petition involving the juvenile.  A copy of the petition or motion to modify should be attached.

At the conclusion of the case, part two of the two part form can be filled out checking the box for the disposition given by the court, and a copy of the judgment of disposition attached in order to satisfy the notice requirements..