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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