EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 792 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 3156S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 160.665, 170.315, and 590.205, RSMo, and to enact in lieu thereof three new sections relating to school safety. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 160.665, 170.315, and 590.205, RSMo, 1 are repealed and three new sections enacted in lieu thereof, to 2 be known as sections 160.665, 170.315, an d 590.205, to read as 3 follows:4 160.665. 1. Any school district or charter school 1 within the state may designate one or more [elementary or 2 secondary school teachers or administrators ] employees of 3 the district or charter school as a school protection 4 officer. The responsibilities and duties of a school 5 protection officer are voluntary and shall be in addition to 6 the normal responsibilities and duties of the [teacher or 7 administrator] employee. Any compensation for additional 8 duties relating to service as a school protection officer 9 shall be funded by the local school district, with no state 10 funds used for such purpose. 11 2. Any person designated by a school district or 12 charter school as a school protection officer shall be 13 authorized to carry concealed firearms or a self -defense 14 spray device in any school in the district. A self-defense 15 spray device shall mean any device that is capable of 16 carrying, and that ejects, releases, or emits, a nonlethal 17 SB 792 2 solution or projectile capable of incapacitating a violent 18 threat. The school protection officer shall not be 19 permitted to allow any firearm or device out of his or her 20 personal control while that firearm or device is on school 21 property. Any school protection officer who violates this 22 subsection may be removed immediately from the classroom and 23 subject to employment termination proceedings. 24 3. A school protection officer has the same authority 25 to detain or use force against any person on school property 26 as provided to any other person under chapter 563. 27 4. Upon detention of a person under subsection 3 of 28 this section, the school protection officer shall 29 immediately notify a school administrator and a school 30 resource officer, if such officer is present at the schoo l. 31 If the person detained is a student then the parents or 32 guardians of the student shall also be immediately notified 33 by a school administrator. 34 5. Any person detained by a school protection officer 35 shall be turned over to a school administrato r or law 36 enforcement officer as soon as practically possible and 37 shall not be detained by a school protection officer for 38 more than one hour. 39 6. Any [teacher or administrator of an elementary or 40 secondary school] employee of a school district or charter 41 school who seeks to be designated as a school protection 42 officer shall request such designation in writing, and 43 submit it to the superintendent of the school district or 44 the executive director of the charter school governing board 45 which employs him or her [as a teacher or administrator ]. 46 Along with this request, any [teacher or administrator ] 47 employee seeking to carry a concealed firearm on school 48 property shall also submit proof that he or she has a valid 49 SB 792 3 concealed carry endorsement or pe rmit, and all [teachers and 50 administrators] employees seeking the designation of school 51 protection officer shall submit a certificate of school 52 protection officer training program completion from a 53 training program approved by the director of the depar tment 54 of public safety which demonstrates that such person has 55 successfully completed the training requirements established 56 by the POST commission under chapter 590 for school 57 protection officers. 58 7. No school district or charter school may designate 59 [a teacher or administrator ] an employee as a school 60 protection officer unless such person has successfully 61 completed a school protection officer training program, 62 which has been approved by the director of the department of 63 public safety. No school district or charter school shall 64 allow a school protection officer to carry a concealed 65 firearm on school property unless the school protection 66 officer has a valid concealed carry endorsement or permit. 67 8. Any school district or charter school that 68 designates [a teacher or administrator ] an employee as a 69 school protection officer shall, within thirty days, notify, 70 in writing, the director of the department of public safety 71 of the designation, which shall include the following: 72 (1) The full name, date of birth, and address of the 73 officer; 74 (2) The name of the school district; and 75 (3) The date such person was designated as a school 76 protection officer. 77 Notwithstanding any other provisions of law to the contrary, 78 any identifying information collected under the authority of 79 this subsection shall not be considered public information 80 SB 792 4 and shall not be subject to a request for public records 81 made under chapter 610. 82 9. A school district or charter school may revoke the 83 designation of a person as a school protection officer for 84 any reason and shall immediately notify the designated 85 school protection officer in writing of the revocation. The 86 school district or charter school shall also within thirty 87 days of the revocation notify the director of the department 88 of public safety in writing of the revocation of the 89 designation of such person as a school protection officer. 90 A person who has had the designation of school protection 91 officer revoked has no right to appeal the revocation 92 decision. 93 10. The director of the department of public safety 94 shall maintain a listing of all persons designated by school 95 districts and charter schools as school protection officers 96 and shall make this list available to all law e nforcement 97 agencies. 98 11. [Before a school district may designate a teacher 99 or administrator] If an employee submits a request for 100 designation as a school protection officer to the 101 superintendent of the school district or executive director 102 of the charter school governing board , the school board or 103 governing board shall promptly hold a public hearing [on] 104 and determine by a vote at the hearing whether to allow such 105 designation. Notice of the hearing shall be published at 106 least fifteen days be fore the date of the hearing in a 107 newspaper of general circulation within the city or county 108 in which the school district is located. The request for 109 designation as a school protection officer shall also 110 require the school board [may determine at] or governing 111 board to hold a closed meeting, as "closed meeting" is 112 SB 792 5 defined under section 610.010, and determine by a vote at 113 the closed meeting whether to authorize the designated 114 school protection officer to carry a concealed firearm or a 115 self-defense spray device. The school board or governing 116 board shall hold the closed meeting and vote on the issue 117 regardless of whether the employee specifically requested 118 authorization to carry a concealed firearm or a self -defense 119 spray device on school propert y in his or her request for 120 designation as a school protection officer. 121 12. Each school district and charter school shall 122 consider implementing a school protection officer program 123 consistent with the provisions of this section. The school 124 board of each school district and governing board of each 125 charter school shall hold a public hearing and determine by 126 a vote at the hearing whether to implement such a program. 127 13. Any school board or governing board that approves 128 a school protection of ficer program by a vote described in 129 subsection 13 of this section shall notify all the employees 130 of the school district or charter school of the program and 131 the option to request designation as a school protection 132 officer. 133 170.315. 1. There is hereby established the Active 1 Shooter and Intruder Response Training for Schools Program 2 (ASIRT). Each school district and charter school [may] 3 shall, by [July 1, 2014,] July 1, 2026, include in its 4 teacher and school employee training a component on how to 5 properly respond to students who provide them with 6 information about a threatening situation and how to address 7 situations in which there is a potentially dangerous or 8 armed intruder in the school. Training [may] shall also 9 include information and techniques on how to address 10 SB 792 6 situations where an active shooter is present in the school 11 or on school property. 12 2. Each school district and charter school [may] shall 13 conduct the training on an annual basis. If no formal 14 training has previously occurred, the length of the training 15 may be up to eight hours. The length of annual continuing 16 training may be up to four hours. 17 3. All school [personnel] employees shall participate 18 in a simulated active shooter and intruder r esponse drill 19 conducted and led by current or retired commissioned law 20 enforcement professionals. Each drill may include an 21 explanation of its purpose and a safety briefing. The drill 22 training shall require each participant to know and 23 understand how to respond in the event of an actual 24 emergency on school property or at a school event. The 25 drill may include: 26 (1) Allowing school [personnel] employees to respond 27 to the simulated emergency in whatever way they have been 28 trained or informed; and 29 (2) Allowing school [personnel] employees to attempt 30 and implement new methods of responding to the simulated 31 emergency based upon previously used unsuccessful methods of 32 response. 33 4. All instructors for the program shall be certified 34 by the department of public safety's peace officers 35 standards training commission. 36 5. School districts and charter schools may consult 37 and collaborate with law enforcement authorities, emergency 38 response agencies, and other organizations and entiti es 39 trained to deal with active shooters or potentially 40 dangerous or armed intruders. 41 SB 792 7 6. Public schools shall foster an environment in which 42 students feel comfortable sharing information they have 43 regarding a potentially threatening or dangerous s ituation 44 with a responsible adult. 45 590.205. 1. The POST commission shall establish 1 minimum standards for school protection officer training 2 instructors, training centers, and training programs. 3 2. The director shall develop an d maintain a list of 4 approved school protection officer training instructors, 5 training centers, and training programs. The director shall 6 allow private companies to serve as training centers and 7 operate training programs under this section. The director 8 shall not place any instructor, training center, or training 9 program on its approved list unless such instructor, 10 training center, or training program meets all of the POST 11 commission requirements under this section and section 12 590.200. The director shall make this approved list 13 available to every school district in the state. The 14 required training to become a school protection officer 15 shall be provided by those firearm instructors, private and 16 public, who have successfully completed a depart ment of 17 public safety POST certified law enforcement firearms 18 instructor school. 19 3. Each person seeking entrance into a school 20 protection officer training center or training program shall 21 submit a fingerprint card and authorization for a criminal 22 history background check to include the records of the 23 Federal Bureau of Investigation to the training center or 24 training program where such person is seeking entrance. The 25 training center or training program shall cause a criminal 26 history background check to be made and shall cause the 27 resulting report to be forwarded to the school district 28 SB 792 8 where the [elementary school teacher or administrator ] 29 employee is seeking to be designated as a school protection 30 officer. 31 4. No person shall be admit ted to a school protection 32 officer training center or training program unless such 33 person submits proof to the training center or training 34 program that he or she has a valid concealed carry 35 endorsement or permit. 36 5. A certificate of school protec tion officer training 37 program completion may be issued to any applicant by any 38 approved school protection officer training instructor. On 39 the certificate of program completion the approved school 40 protection officer training instructor shall affirm tha t the 41 individual receiving instruction has taken and passed a 42 school protection officer training program that meets the 43 requirements of this section and section 590.200 and 44 indicate whether the individual has a valid concealed carry 45 endorsement or permit. The instructor shall also provide a 46 copy of such certificate to the director of the department 47 of public safety. 48 6. The POST commission shall establish requirements 49 for the continuing education of all school protection 50 officers. All school protection officers shall annually 51 receive twenty hours of firearms skill development training. 52 7. At least two times each year, all school protection 53 officers shall participate in a joint training on school 54 protection with a local law enforcemen t agency. 55