FIRST REGULAR SESSION
SENATE BILL NO. 222
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
0454S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 161 and 173, RSMo, by adding thereto two new sections relating to medical
mandates in educational institutions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 161 and 173 , RSMo, are amended by 1
adding thereto two new sections, to be known as sections 161.581 2
and 173.581, to read as follows:3
161.581. 1. As used in this section, the following 1
terms mean: 2
(1) "COVID-19", any disease or health condition caused 3
by the novel coronavirus named "SARS -CoV-2", the 4
international outbreak of respiratory disease named 5
"coronavirus disease 2019" and abbreviated as "COVID -19", or 6
any variant of or virus mutating from SARS -CoV-2 or COVID-19; 7
(2) "COVID-19 vaccine", a substance used to stimulate 8
the production of antibodies and provide protection against 9
COVID-19, prepared from the causative agent of COVID -19, its 10
products, or a synthetic substitute, and treated to act as 11
an antigen without inducing a COVID -19 infection; 12
(3) "Public school", the same definition as in section 13
160.011; 14
(4) "School district", the same definition as in 15
section 160.011; 16
(5) "School employee", any teacher, substitute 17
teacher, supervisor, principal, supervising princi pal, 18 SB 222 2
superintendent, assistant superintendent, or other 19
individual who is employed by a school district or a public 20
school. 21
2. Beginning in the 2025 -26 school year and for each 22
subsequent school year, no school district, public school, 23
or school employee shall require any school employee or any 24
student of such school district or public school to: 25
(1) Receive any COVID-19 vaccine or gene therapy 26
treatment before being physically present at any of the 27
school district's or public school's e vents, premises, or 28
facilities; 29
(2) Receive any COVID-19 vaccine or gene therapy 30
treatment before being accepted for employment by the school 31
district or public school or as a condition of acceptance as 32
a student in the school district's public s chools; or 33
(3) Submit to any testing for COVID -19 without the 34
express written consent of the school employee or, in the 35
case of a student, all parents, guardians, or other persons 36
having charge, control, or custody of the student. 37
3. (1) The department of elementary and secondary 38
education shall investigate any report of a violation of 39
this section. If the department determines that any school 40
district, public school, or school employee has violated 41
this section, the department shall no tify the violator of 42
the violation and order the violator to immediately cease 43
and desist any further activity in violation of this section. 44
(2) If a school employee violates this section and 45
such school employee possesses a certificate of license to 46
teach in the public schools of this state, the state board 47
of education may, upon hearing, suspend or revoke such 48
school employee's certificate of license to teach pursuant 49
to the provisions of section 168.071. 50 SB 222 3
(3) Any student, parent or guar dian of such student, 51
or school employee may bring a civil action against a 52
violator of this section for appropriate injunctive relief 53
or actual damages, or both, for any physical, mental, or 54
emotional injuries sustained by such individual as a result 55
of a school district's, public school's, or school 56
employee's violation of this section. Such action shall be 57
brought in the county where the violation occurred, and the 58
court shall award damages and court costs to a prevailing 59
plaintiff. 60
(4) A school district that violates any provision of 61
this section shall not be entitled to receive state aid 62
under chapter 163 or any other revenues of the state until 63
the school district proves to the satisfaction of the 64
department of elementary and second ary education that the 65
school district is no longer in violation of this section. 66
173.581. 1. As used in this section, the following 1
terms mean: 2
(1) "COVID-19", any disease or health condition caused 3
by the novel coronavirus n amed "SARS-CoV-2", the 4
international outbreak of respiratory disease named 5
"coronavirus disease 2019" and abbreviated as "COVID -19", or 6
any variant of or virus mutating from SARS -CoV-2 or COVID-19; 7
(2) "COVID-19 vaccine", a substance used to stimu late 8
the production of antibodies and provide protection against 9
COVID-19, prepared from the causative agent of COVID -19, its 10
products, or a synthetic substitute, and treated to act as 11
an antigen without inducing a COVID -19 infection; 12
(3) "Employee", any individual who is employed by an 13
institution of higher education; 14
(4) "Institution of higher education", any institution 15
of postsecondary education that receives any public funding 16 SB 222 4
and is subject to any governance or regulation by the 17
coordinating board of higher education under state law. 18
2. Beginning in the 2025 -26 academic year and for each 19
subsequent academic year, no institution of higher education 20
or employee shall require any employee or student to: 21
(1) Receive any COVID-19 vaccine or gene therapy 22
treatment before being physically present at any of the 23
institution's events, premises, or facilities; 24
(2) Receive any COVID-19 vaccine or gene therapy 25
treatment before being accepted for employment by the 26
institution or as a condition of acceptance as a student at 27
the institution; or 28
(3) Submit to any testing for COVID -19 without the 29
express written consent of the employee or student. 30
3. (1) The department of higher education and 31
workforce developmen t shall investigate any report of a 32
violation of this section. If the department determines 33
that any institution of higher education or employee of an 34
institution of higher education has violated this section, 35
the department shall notify the violator of the violation 36
and order the violator to immediately cease and desist any 37
further activity in violation of this section. 38
(2) An institution of higher education that violates 39
any provision of this section shall not be entitled to 40
receive state aid under this chapter or any other revenues 41
of the state until such institution proves to the 42
satisfaction of the department of higher education and 43
workforce development that such institution is no longer in 44
violation of this section. 45
(3) Any student or employee of an institution of 46
higher education may bring a civil action against a violator 47
of this section for appropriate injunctive relief or actual 48 SB 222 5
damages, or both, for any physical, mental, or emotional 49
injuries sustained by such individu al as a result of a 50
violation of this section by an institution of higher 51
education or an employee thereof. Such action shall be 52
brought in the county where the violation occurred, and the 53
court shall award damages and court costs to a prevailing 54
plaintiff. 55