167.166. Prohibition on strip searches, exceptions--strip search defined--violation, penalty--prohibition on removal of certain items not deemed disruptive. - Missouri Statutes

Prohibition on strip searches, exceptions--strip searchdefined--violation, penalty--prohibition on removal of certainitems not deemed disruptive.

167.166. 1. Except as provided in subsections 2 and 3 of thissection, no employee of or volunteer at any public school or charter schoolwithin this state shall perform a strip search, as that term is defined insection 544.193, RSMo, of any student of any such school. However, stripsearches may be conducted by, or under the authority of, a commissioned lawenforcement officer.

2. A student may be strip searched by a school employee only if acommissioned law enforcement officer is not immediately available and ifthe school employee reasonably believes that a student possesses a weapon,explosive, or substance that poses an imminent threat of physical harm tohimself or herself or another person.

3. For the purposes of this section, the term "strip search" shallnot include the removal of clothing in order to investigate the potentialabuse or neglect of a student; give medical attention to a student; providehealth services to a student; or screen a student for medical conditions.

4. If a student is strip searched by an employee of a school or acommissioned law enforcement officer, the district will attempt to notifythe student's parent or guardian as soon as possible.

5. Any employee of a public school or charter school who violates theprovisions of subsections 1 to 4 of this section shall be immediatelysuspended without pay, pending an evidentiary hearing when such employee isentitled by statute or contract to such hearing. If an employee is notentitled to such evidentiary hearing, the employee shall be suspendedpending completion of due process or further disciplinary action asprovided in the district's personnel policies, as applicable.

6. For the purposes of subsections 1 to 5 of this section, the term"employee" shall include all temporary, part-time, and full-time employeesof a public school or charter school.

7. No employee of or volunteer in or school board member of or schooldistrict administrator of a public school or charter school shall direct astudent to remove an emblem, insignia, or garment, including a religiousemblem, insignia, or garment, as long as such emblem, insignia, or garmentis worn in a manner that does not promote disruptive behavior.

(L. 2004 S.B. 968 and S.B. 969)