Section 7.1 General School Authority

• Library: School Law (2003 Ed. + 2016 Supp)

I. (§7.1) General School Authority

School officials possess comprehensive authority to prescribe and control conduct of students in the public schools. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 507 (1969). In Missouri, the school board is statutorily authorized to make all rules necessary for the organization, grading, and government of the school district. Section 171.011, RSMo 2000. Disruptive conduct on school premises can be prohibited by school officials to provide an environment conducive for learning. Streeter v. Hundley, 580 S.W.2d 283, 286 (Mo. banc 1979).

School authorities may not regulate student behavior, however, if the regulation is unreasonable, arbitrary, or capricious. Wright v. Bd. of Educ. of St. Louis, 246 S.W. 43, 44 (Mo. banc 1922). The United States Supreme Court has rejected the argument that school authorities act “in loco parentis” when dealing with students: “school officials act as representatives of the state, not merely as surrogates for the parents.” N.J. v. T.L.O., 469 U.S. 325 (1985). School officials’ control over public school students must be consistent with constitutional standards. When deciding whether school action is constitutional, courts must balance students’ rights to due process, personal privacy, and free expression with the school’s legitimate right to maintain order in the interest of its educational duties.

School boards are required to adopt a clear, written student discipline policy and to make it available for public inspection. Section 160.261.1, RSMo Supp. 2002. The policy must:

• address the use of and procedures for the administration of corporal punishment;

• be distributed to the parent or legal guardian of each student at the beginning of each school year; and

• be made available for public inspection in the superintendent’s office.

The policy also must define “acts of violence” and any other acts that constitute a “serious violation” of that policy. Section 160.261.1, .7. Acts of violence include the “exertion of physical force by a student with the intent to do serious bodily harm to another person while on school property, including a school bus . . ., or while involved in school activities.” Section 160.261.7.

In addition, the law requires that all district employees receive annual instruction on implementation of the discipline policy. The instruction must include:

• approved methods of dealing with acts of school violence as defined under the statute;

• disciplining of...