Governor Jay Nixon (D) announced today that he will vet SB 493:

Gov. Nixon announces that he will veto legislation that would have sent public dollars to private schools

May 23, 2014

Senate Bill 493 fails to address challenges resulting from existing transfer law and instead would create even more problems for students and families, Governor says

Jefferson City, MO

Gov. Jay Nixon today announced that he will veto legislation that would have diverted public, taxpayer dollars away from Missouri’s public schools and given that money to private schools without any accountability to voters.  In addition, the Governor said that this failed attempt to fix the current school transfer law would, in fact, result in further disruption for students in struggling school districts by eliminating the requirement that unaccredited school districts pay for transportation costs.

“Every child in Missouri deserves a quality public education, and that is why I am vetoing Senate Bill 493,” Gov. Nixon said. “Senate Bill 493 fails to address the challenges resulting from the existing school transfer law and instead, would create even more problems by allowing public funds to be used for private schools and pulling the rug out from under students who have transferred.”

Senate Bill 493 includes a provision that would allow public taxpayer dollars to be used to pay for private school tuition, a dangerous voucher scheme that would undermine the core principles and protections enshrined in Missouri’s constitution.

“Throughout the legislative session I repeatedly made it clear that any effort to send public dollars to private schools through a voucher program would be met by my veto pen,” Gov. Nixon said.  “The General Assembly ignored my warnings, and this veto will be the result.”

Senate Bill 493 would eliminate the requirement that unaccredited districts pay for the transportation costs of students.  This provision would negatively impact the hundreds of students and families who have already transferred to another school district with an understanding that their transportation costs would be paid.

Senate Bill 493 would also have allowed districts that receive students from unaccredited districts to discount the tuition paid for transfers in exchange for not having to include those students’ performance data for accountability purposes for up to five years.  The result of this provision would be to allow schools to not be held accountable for the education of these transfer students.

[emphasis in original]

A bill, introduced today:

HB 858

Allows school districts to authorize schools to observe moments of silence in individual classrooms

Sponsor: English, Keith (068)

Co-Sponsor: Hicks, Ron (107) … et al.

Proposed Effective Date: 8/28/2013

LR Number: 2037L.01I

Last Action: 3/13/2013 – Introduced and Read First Time (H)

Bill String: HB 858

[….]

Seriously, have any of these people ever been inside a classroom?

If this bill becomes law does this codify the standard Ferris Bueller’s Day Off response to a teacher’s classroom questions, anyone, anyone?

Representative Rick Brattin (r) is the republican controlled General Assembly’s poster boy for right wingnut legislation. A bill, introduced on January 23, 2013 – in regard to arming school teachers and/or school administrators:

FIRST REGULAR SESSION

HOUSE BILL NO. 276

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BRATTIN (Sponsor), COX, BAHR, SMITH (120), NEELY, BROWN AND MCGAUGH (Co-sponsors).

0608L.02I      D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal sections 571.107 and 590.010, RSMo, and to enact in lieu thereof six new sections relating to school protection officers, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Sections 571.107 and 590.010, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 160.665, 571.107, 590.010, 590.200, 590.205, and 590.207, to read as follows:

           160.665. 1. Any school district within the state may designate one or more elementary or secondary school teachers or administrators as a school protection officer. The responsibilities and duties of a school protection officer are voluntary and shall be in addition to the normal responsibilities and duties of the teacher or administrator. Any compensation for additional duties relating to service as a school protection officer shall be funded by the local school district, with no state funds used for such purpose.

           2. Any person designated by a school district as a school protection officer shall be authorized to carry concealed firearms in any school in the district and shall be required to keep such firearm on his or her person at all times while on school property. Any school protection officer who violates this subsection shall be removed immediately from the classroom and subject to employment termination proceedings.

           3. Any person designated as a school protection officer may detain, on view, any person the officer sees violating or who such officer has reasonable grounds to believe has violated any law of this state, including a misdemeanor or infraction, or any policy of the school.

           4. Any person detained by a school protection officer for violation of any state law shall, as soon as practically possible, be turned over to a law enforcement officer. However, in no case shall a person detained under the provisions of this section be detained by a school protection officer for more than four hours.

           5. Any person detained by a school protection officer for violation of any school policy shall, as soon as practically possible, be turned over to a school administrator. However, in no case shall a person detained under the provisions of this section be detained by a school protection officer for more than four hours.

           6. Any teacher or administrator of an elementary or secondary school who seeks to be designated as a school protection officer shall request such designation, in writing, and submit it to the superintendent of the school district which employs him or her as a teacher or administrator. Along with this request the teacher or administrator shall also submit proof that he or she has a valid concealed carry endorsement and shall submit a certificate of school protection officer training program completion from a training program approved by the director of the department of public safety which demonstrates that such person has successfully completed the training requirements established by the POST commission under chapter 590 for school protection officers.

           7. No school district may designate a teacher or administrator as a school protection officer unless such person has a valid concealed carry endorsement and has successfully completed a school protection officer training program which has been approved by the director of the department of public safety.

           8. Any school district which designates a teacher or administrator as a school protection officer shall, within thirty days, notify, in writing, the director of the department of public safety of the designation which shall include the following:

           (1) The full name, date of birth, and address of the officer;

           (2) The name of the school district; and

           (3) The date such person was designated as a school protection officer.

Notwithstanding any other law, any identifying information collected under the authority of this subsection shall not be considered public information and shall not be subject to a sunshine request made under chapter 610.

           9. A school district may revoke the designation of a person as a school protection officer for any reason and shall immediately notify the designated school protection officer, in writing, of the revocation. The school district shall also within thirty days of the revocation notify the director of the department of public safety, in writing, of the revocation of the designation of such person as a school protection officer.

           10. The director of the department of public safety shall maintain a listing of all persons designated by school districts as school protection officers and shall make this list available to all law enforcement agencies.

[….]

[emphasis in original]

Further into the bill the language removes restrictions on conceal carry:

….(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises….

[emphasis in original]

Wait a minute. Will a university within a school district have to allow guns on their campuses for K-12 teachers or administrators who are designated as “school protection officers”? Just asking.

But wait, there’s more:

[….]

(6) “School protection officer”, an elementary or secondary school teacher or administrator who has been designated as a school protection officer by a school district.

           590.200. 1. The POST commission shall:

           (1) Establish minimum standards for the training of school protection officers;

           (2) Set the minimum number of hours of training required for a school protection officer; and

           (3) Set the curriculum for school protection officer training programs.

           2. At a minimum this training shall include:

           (1) Instruction specific to the prevention of incidents of violence in schools;

           (2) The handling of emergency or violent crisis situations in school settings;

           (3) A review of all state criminal laws;

           (4) Training involving the use of defensive force; and

           (5) Training involving the use of deadly force.

           590.205. 1. The POST commission shall establish minimum standards for school protection officer training instructors, training centers, and training programs.

           2. The director shall develop and maintain a list of approved school protection officer training instructors, training centers, and training programs. The director shall not place any instructor, training center, or training program on its approved list unless such instructor, training center, or training program meets all of the POST commission requirements under this section and section 590.200. The director shall make this approved list available to every school district in the state.

           3. Each person seeking entrance into a school protection officer training center or training program shall submit a fingerprint card and authorization for a criminal history background check to include the records of the Federal Bureau of Investigation to the training center or training program where such person is seeking entrance. The training center or training program shall cause a criminal history background check to be made and shall cause the resulting report to be forwarded to the school district where the elementary school teacher or administrator is seeking to be designated as a school protection officer.

           4. No person shall be admitted to a school protection officer training center or training program unless such person submits proof to the training center or training program that he or she has a valid concealed carry endorsement.

           5. A certificate of school protection officer training program completion may be issued to any applicant by any approved school protection officer training instructor. On the certificate of program completion the approved school protection officer training instructor shall affirm that the individual receiving instruction has taken and passed a school protection officer training program that meets the requirements of this section and section 590.200 and that the individual has a valid concealed carry endorsement. The instructor shall also provide a copy of such certificate to the director of the department of public safety.

           590.207. 1. Notwithstanding any other provision of law, any person designated as a school protection officer under the provisions of section 160.665 who fails to properly carry his or her concealed weapon on his or her person at all times while on school property as proscribed under subsection 2 of section 160.655 shall be guilty of a class A misdemeanor and shall be subject to employment termination proceedings within the school district.

           2. Any school employee who discloses any information collected under subsection 8 of section 160.655 that contains identifying personal information about any person designated as a school protection officer to anyone other than those authorized to receive the information under subsection 8 of section 160.655 shall be guilty of a class B misdemeanor and shall be subject to employment termination proceedings within the school district.

[emphasis in original]

“…Notwithstanding any other provision of law, any person designated as a school protection officer under the provisions of section 160.665 who fails to properly carry his or her concealed weapon on his or her person at all times while on school property as proscribed under subsection 2 of section 160.655 shall be guilty of a class A misdemeanor and shall be subject to employment termination proceedings within the school district…”

Well, if you’re a K-12 teacher or administrator and you’re gonna carry a concealed firearm under this law you have to do so all the time on any school property.

“…Any school employee who discloses any information collected under subsection 8 of section 160.655 that contains identifying personal information about any person designated as a school protection officer to anyone other than those authorized to receive the information under subsection 8 of section 160.655 shall be guilty of a class B misdemeanor and shall be subject to employment termination proceedings within the school district…”

As if anyone else couldn’t possibly notice? What is this, a “neutralize the parents who don’t want their kids going to school around guns in a free fire zone populated by amateurs” provision? Under this provision a school employee who is asked by a parent about guns in their child’s school can neither confirm nor deny the presence of those guns.

Previously:

HB 278: on the side of preening self-righteousness in the “War on Labor Day” (January 26, 2013)

HB 291: keping misooree stoopit (January 24, 2013)

HB 1109: because the contrived right wingnut “War on [the holiday season]” supersedes any sense (December 27, 2011)

Senator Maria Chappelle-Nadal (D) filed SB 124 on January 8th:

SB 124 Creates the crimes of failing to stop illegal firearm possession, negligent storage of a firearm, and failure to notify a school of firearm ownership

Sponsor: Chappelle-Nadal

LR Number: 0769

Last Action: 1/9/2013 – S First Read–SB 124-Chappelle-Nadal

Effective Date: August 28, 2013

Current Bill Summary

SB 124 – This act creates the offense of failing to stop illegal firearm possession. A person commits the offense if he or she is the parent or guardian of a child under the age of 18, he or she knows the child possesses a firearm in violation of the law, and he or she fails to stop the possession or report it to law enforcement.

The offense is a Class A misdemeanor unless death or injury results from the firearm possession in which case it is a Class D felony.

This act also creates the offense of negligent storage of a firearm. A parent or guardian of a child under the age of 18 commits the offense by recklessly storing or leaving a firearm in a manner that is likely to result in the child accessing the firearm if the child obtains access to the firearm and unlawfully carries it to school, kills or injures another person with it, or commits a crime with it.

A firearm that is in a secure location or locked is not considered to be recklessly stored or left in a manner likely to result in the child accessing the firearm.

The offense is a Class A misdemeanor unless the child kills or injures another person in which case it is a Class D felony.

The parent or guardian of a child injured or killed by a firearm may only be prosecuted for negligent storage of a firearm if he or she was grossly negligent.

This act requires a parent or guardian to notify a school district, or the governing body of a private or charter school, that he or she owns a firearm within 30 days of enrolling the child in school or becoming the owner of a firearm.

The written notification only needs to include the names of the parent and any child attending the school and the fact that the parent owns a firearm.

A person only needs to send one written notification if he or she has multiple children attending the school or becomes the owner of additional firearms. Any time a new child is enrolled in a school the parent or guardian must send an updated notification with the new child’s name.

Failure to notify the school under this act is an infraction, punishable by a fine of up to $100. If a person is found guilty of negligent storage of a firearm and has failed to notify the school of firearm ownership, the person must be fined $1,000 in addition to any other penalties authorized by law.

[….]

Things could get complicated if the parent is an armed teacher…

A bill prefiled today in the Missouri House:

HB 70

Allows teachers and school administrators to carry concealed firearms on school premises if they have a valid concealed carry endorsement

Sponsor: Kelley, Mike (127)

Co-Sponsor: Brattin, Rick (055) … et al.

Proposed Effective Date: 8/28/2013

LR Number: 600L.01I

Last Action: 12/18/2012 – Prefiled (H)

[….]

Wait, aren’t public school teachers union thugs? And the republicans want to arm them in our schools?

Jobs, anyone?

Previously: Department of Redundancy Department: Representative Mike McGhee (r)

Pirate Fish image courtesy of the CotFSM.

On April 26th, by a vote of 125 to 30, the Missouri House third read and passed HJR 62, a constitutional amendment to be submitted to the voters which will add complications to the definition of religious freedom as stated in the Missouri Constitution.

HJR 62 Proposes a constitutional amendment guaranteeing a citizen’s right to pray and worship on public property and reaffirming a citizen’s right to choose any or no religion

Sponsor: McGhee, Mike (122) Proposed Effective Date: Referendum

CoSponsor: LR Number: 4153L.01P

Last Action: Senate Committee: GENERAL LAWS

05/04/2010 – Executive Session Held (S)

VOTED DO PASS

HJR62

Next Hearing: Hearing not scheduled

Calendar: Bill currently not on a calendar

The current statement on religious freedom in the Missouri Constitution:

Missouri Constitution

Article I

BILL OF RIGHTS

Section 5

Religious freedom–liberty of conscience and belief–limitations.

Section 5. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his person or estate; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

What the Missouri House did on April 26th:

SECOND REGULAR SESSION

[PERFECTED]

HOUSE JOINT RESOLUTION NO. 62

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES McGHEE (Sponsor), DAVIS, BURLISON, JONES (89), ERVIN, KRAUS, THOMSON, DIECKHAUS, LAIR, DEEKEN, SCHIEFFER, RUZICKA, FUNDERBURK, WELLS, SMITH (150), RUESTMAN, GATSCHENBERGER, COX, WASSON, DETHROW, WILSON (130), WALLACE, WILSON (119) AND KOENIG (Co-sponsors).

4153L.01P                                                                                                                                                 D. ADAM CRUMBLISS, Chief Clerk

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing section 5 of article I of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the right to pray.

Be it resolved by the House of Representatives, the Senate concurring therein:

           That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2010, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:

           Section A. Section 5, article I, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 5, to read as follows:

           Section 5. That all men and women have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his or her religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his or her person or estate; that to secure a citizen’s right to acknowledge Almighty God according to the dictates of his or her own conscience, neither the state nor any of its political subdivisions shall establish any official religion, nor shall a citizen’s right to pray or express his or her religious beliefs be infringed; that the state shall not coerce any person to participate in any prayer or other religious activity, but shall ensure that any person shall have the right to pray individually or corporately in a private or public setting so long as such prayer does not result in disturbance of the peace or disruption of a public meeting or assembly; that citizens as well as elected officials and employees of the state of Missouri and its political subdivisions shall have the right to pray on government premises and public property so long as such prayers abide within the same parameters placed upon any other free speech under similar circumstances; that the General Assembly and the governing bodies of political subdivisions may extend to ministers, clergypersons, and other individuals the privilege to offer invocations or other prayers at meetings or sessions of the General Assembly or governing bodies; that students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work; that no student shall be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs; that the state shall ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression, that all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the United States; but this section shall not be construed to expand the rights of prisoners in state or local custody beyond those afforded by the laws of the United States, excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

           Section B. Pursuant to Chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the General Assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in Section A shall be as follows:

           “Shall the Missouri Constitution be amended to ensure:

           •          That the right of Missouri citizens to express their religious beliefs shall not be infringed;

           •   &
nbsp;      That school children have the right to pray and acknowledge God voluntarily in their schools; and

           •          That all public schools shall display the Bill of Rights of the United States Constitution.”.

[emphasis (changes) in original]

…that students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work; that no student shall be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs…

Question. If a Pastafarian is served spaghetti at a school lunch will they be able to accuse everyone else in the lunchroom of blasphemy? Just asking.

And then, in the interest of complete religious freedom, there’s this: Morse v. Frederick, 551 U.S. 393 (2007)

What would control? The individual’s religious expression? Who gets to decide? Just asking.

As a commenter pointed out in January:

“Useless laws weaken the necessary laws.”

— Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

And as I concluded in January:

…As long as there are tests there will always be prayer in school. And as long as there’s a Missouri General Assembly there’ll always be state representatives who’ll waste everyone’s time introducing redundant legislation.

Brace yourself for “Talk Like a Pirate Day” in our public schools across Missouri.