Thursday, December 29, 2016

Bad Legislation Has CPS Worried About New Anti-Bullying Policy


    • Columbia school board gives initial approval to anti-bullying policy with reservations


The Columbia Board of Education on Monday gave initial approval to a change 
in the district’s anti-bullying policy in response to changes in state law.
The vote was 3-1 with board member Paul Cushing voting against the new 
policy and board President Jim Whitt abstaining. Members Helen Wade and 
Christine King were absent for the vote, though King was present for part 
of the meeting through a video conferencing system.
“I think we’re being bullied,” Cushing said. He elaborated Tuesday that he 
thought the state law dictates to districts the procedures they must follow, 
instead of allowing the district’s flexibility.
Whitt said Tuesday that he abstained because he knows the board eventual-
ly will have to approve a policy, but he has concerns about how bullying 
could be defined as a felony.
The policy requires employees to report to the principal within two days of 
witnessing an incident of bullying. Students who have experienced bullying 
or witnessed it also are encouraged to report it within two days.
The principal must complete an investigation within 10 days and decide 
whether bullying had occurred and what discipline is warranted. The principal 
also must make a written report of the investigation and send a copy to the dis-
trict’s anti-bullying coordinator.
Emily Omohundro, an attorney with Ed Counsel, said the law includes specific 
policies, procedures and training requirements.
The board’s conversation included discussion of a change in the state criminal 
code, effective Jan. 1, that creates the crime of class E felony harassment, which 
now is a class A misdemeanor. Board President Jim Whitt said the law could 
interfere with the district’s efforts to keep students out of the judicial system.
“I’m concerned we’re heading down a slippery slope,” Whitt said.
Omohundro said the change in the criminal code was not directly related to 
the anti-bullying legislation but that the crime of class E felony harassment is 
essentially bullying.
“When the criminal code was changed, I don’t think there was a lot of thought 
about how it would affect reporting under the Safe Schools Act,” Omohundro said.
“The administration is distraught and dismayed by this legislation,” Superin-
tendent Peter Stiepleman said, referring to both law changes. “Our school 
district has a really incredible relationship with law enforcement and the” 
Missouri Department of Social Services “Children’s Division.”
Stiepleman said under the change in criminal code, making someone unhappy 
can be defined as a felony. The change in the bullying law also represents an 
unfunded mandate because of added administrative costs to follow proce-
dures, including potentially hiring an anti-bullying coordinator to review all
 the investigation forms.
“For us, it’s really troubling,” Stiepleman said. “This is not a good piece of legislation.”
He said the district will follow the law and that principals will receive informa-
tion about training that will be required.
Martha Brownlee-Duffeck, a member of Race Matters, Friends and a clinical 
psychologist, asked what could be done to mitigate the potential misapplication 
of the law.
“The time frames are extremely short, so there’s great pressure to get things 
resolved,” she said. She also said she agreed with Whitt’s description.
“I think that labeling children as felons is a very slippery slope indeed,” she said.
Kory Kaufman, with the Columbia Missouri National Education Association 
and a Rock Bridge High School science teacher, said the law might be flawed but 
that an update to the bullying policy is needed. A focus of the change in state law 
was inclusion of cyber-bullying.
“I’ve witnessed bullying first-hand,” Kaufman said. “I believe it’s epidemic. 
Cyberbullying is out of control.”
He said the most frequent targets of cyberbullying were lesbian, gay, bisexual 
and transgender students.
Before the vote, Cushing asked what would happen if the board did not 
approve the policy. Omohundro said the district likely would become a 
test case in the courts. CPS Chief Financial Officer Linda Quinley also said 
it would increase the district’s liability exposure.
Another school board vote is required to approve the policy.

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