Text of MO HB 192 (2023)

FIRST REGULAR SESSION HOUSE BILL NO. 192 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE LEWIS (6). 0424H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapter 168, RSMo, by adding thereto one new section relating to a teacher bill of rights. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 168, RSMo, is amended by adding thereto one new section, to be 2 known as section 168.781, to read as follows: 168.781. 1. This section shall be known and may be cited as the "Teacher Bill of 2 Rights". 3 2. As used in this section, the term "parent" means a parent, guardian, or other 4 person having control or custody of a child. 5 3. (1) The general assembly hereby recognizes that: 6 (a) Teachers have a profound effect on Missouri children, second only to 7 parents; 8 (b) Considering the years of education and continuous updating of knowledge 9 that teachers undertake and achieve, it is important and necessary for the success of 10 society in this state that teachers be given the respect such teachers have earned and 11 deserve; 12 (c) Teachers should not be viewed as responsible for all of society's ills but as 13 individuals who are trying to cope with problems not of such teachers' own creation; 14 and 15 (d) Teachers deal with societal changes and dysfunction that may exist in the 16 homes of the children teachers are charged with serving. EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 (2) The general assembly hereby declares that it is the public policy of this state 18 that respecting the authority of teachers in public schools is essential to creating an 19 environment conducive to learning, effective instruction in the classroom, and proper 20 administration of public schools. 21 4. To maintain and protect the authority of teachers in public schools, each 22 teacher has the following rights under this section: 23 (1) To be free from physical abuse from a student or a parent of a student. 24 Physical abuse from a student or a parent of a student is grounds for permanent 25 expulsion of such student from the school at which such teacher has the right to work; 26 (2) To be protected from oral, written, or electronically generated abuse from 27 any student or parent. Such abuse is grounds for the suspension of the student as 28 provided in chapter 167 and subsequent abuse may result in expulsion of the student; 29 (3) To be evaluated for competency by an administrator. If such evaluation 30 becomes harassment, such teacher has the right to mediation of grievances by a 31 committee of such teacher's peers and another administrator; 32 (4) To exercise the freedom of speech, religion, and the expression of such 33 teacher's opinions through the media as is guaranteed by the Constitution of the United 34 States; 35 (5) To be free from any requirement to refer to a student by a name other than 36 such student's legal name and to use a reasonable pronoun when referring to a student 37 without threat of reprisal; 38 (6) To be treated with civility and respect as a professional and to be free from 39 any requirement by school administration to perform tasks unrelated to such teacher's 40 employment and that are onerous or result in an undue burden on such teacher; 41 (7) To be given classroom preparation time each day during the regular 42 classroom hours, with compensation from the school district to such teacher in an 43 amount equal to a full day's pay for a substitute teacher in such teacher's school district 44 for each day such teacher is not allowed such preparation time; 45 (8) To be free from coercion to participate in or promote a political, religious, or 46 moral position that violates such teacher's personal religious convictions; 47 (9) To be afforded all rights any other individual in such teacher's local 48 community has without making such teacher's classroom a hostile environment to 49 students of different philosophical, religious, or moral persuasion; 50 (10) To teach without the fear of frivolous lawsuits and to be entitled to qualified 51 immunity, a legal defense, and indemnification by such teacher's employing school 52 district for actions taken in the performance of duties of such teacher's employment, as 53 provided by state law; HB 192 2 54 (11) To appropriately discipline students in accordance with state law and 55 policies or procedures adopted by such teacher's school board; 56 (12) To remove any persistently disruptive student from such teacher's 57 classroom when the student's behavior prevents the orderly instruction of other 58 students or when the student displays impudent or defiant behavior and to place the 59 student in the custody of the principal or such principal's designee, as provided by state 60 law; 61 (13) To have such teacher's professional judgment and discretion respected by 62 school and school district administrators in any disciplinary action taken by such 63 teacher in accordance with state law and policies or procedures adopted by such 64 teacher's school board; 65 (14) To teach in a safe, secure, and orderly environment that is conducive to 66 learning and free from recognized dangers or hazards that are causing or likely to cause 67 serious injury, as provided by state law; and 68 (15) If such teacher is a beginning teacher, to receive leadership and support in 69 accordance with state law including, but not limited to, the assignment of a qualified, 70 experienced mentor who commits to helping such teacher become a competent, 71 confident professional in the classroom and who offers support and assistance as needed 72 to help such teacher meet performance standards and professional expectations. 73 5. No political subdivision of this state shall establish policies that prevent a 74 teacher from exercising the rights listed in this section or in any other provision of law. 75 6. No provision of this section shall be construed to supersede any other state 76 law, any regulation or policy adopted by the department of elementary and secondary 77 education or the state board of education, or any political subdivision's order, 78 ordinance, or policy relating to the discipline of students. 79 7. Teachers, school administrators, parents, and students shall be fully informed 80 of the rights conferred upon teachers under this section. Each school district shall 81 provide a copy of this section to each teacher at the beginning of each school year. Each 82 school district shall post the rights listed in this section in a prominent place in each 83 school and administrative building the school district operates and provide a copy to a 84 parent of each student who attends a school in such school district in a form and manner 85 approved by the school board. Each school district and school under such school 86 board's jurisdiction that maintains a website shall post the rights listed in this section on 87 such school district's or school's website. ✔ HB 192 3