Missouri

A Watch-dog Organization - Advocating for Bullied Children
& Reporting on State Anti Bullying Laws

There is a little story that goes with this new law. In late Spring and Summer 2010, several people told me that Missouri passed a law, John Halligan (a father who lost his son Ryan to "bullycide" in Vermont), my older son Jacob (who is in law school) and Scott Perkins (The Missouri Suicide Prevention Project) kept insisting that there was a law. I kept searching the links they sent for the passage of this law and couldn't find that the governor of Missouri had signed an anti bullying law. I won't post a law as passed until I have proof. I had made that mistake once before with Pennsylvania. It's embarassing to post a law as passed and find out that the law died in a committee or that the governor never signed the law and that it had died without passing (Pennsylvania's law became official in 2007).

Thanks to all of those who made me keep searching for Missouri's law. This law was pressed in between a bunch of other statutes and very hard to find...but thankfully Missouri now has an anti bullying law with 44 others states.

Just a note - the law is only a few paragraphs long, but it is well written and covers enough of the grading system (grade) to warrent an A-. It's missing some important points, such as protections against lawsuits, help for victims, or bullies, and a requirement for anti bullying programs. The good news is that grades can go up, so, there is more that lawmakers can do to improve this law in the future.

MISSOURI

A-

HOUSE BILL NO. 1543

95TH GENERAL ASSEMBLY
3136L.10T - 2010
AN ACT
Be it enacted by the General Assembly of the state of Missouri, as follows:

160.775. 1. Every district shall adopt an antibullying policy by September 1, 2007.
            2. "Bullying" means intimidation or harassment that causes a reasonable student to fear for his or her physical safety or property. Bullying may consist of physical actions, including gestures, or oral, cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts.
            3. Each district's antibullying policy shall be founded on the assumption that all students need a safe learning environment. Policies shall treat students equally and shall not contain specific lists of protected classes of students who are to receive special treatment. Policies may include age appropriate differences for schools based on the grade levels at the school. Each such policy shall contain a statement of the consequences of bullying.
            4. Each district's antibullying policy shall require district employees to report any instance of bullying of which the employee has firsthand knowledge. The district policy shall address training of employees in the requirements of the district policy.
Although 167.117 is not part of the official anti-bullying law, I've posted it because it relates to bullying, via any type of assault.
            167.117. 1. In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first, second or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent, except in any instance when any person is believed to have committed an act which if committed by an adult would be assault in the third degree and a written agreement as to the procedure for the reporting of such incidents of third degree assault has been executed between the superintendent of the school district and the appropriate local law enforcement agency, the principal shall report such incident to the appropriate local law enforcement agency in accordance with such agreement.
            2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, including but not limited to the school playground or the school parking lot, on a school bus or at a school activity whether on or off of school property any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection [4] 6 of section 160.261, RSMo, in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.
            3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.
            4. A school employee, superintendent or such person's designee who in good faith provides information to law enforcement or juvenile authorities pursuant to this section or section 160.261, RSMo, shall not be civilly liable for providing such information.
            5. Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo.
            Section B. Because of the need to provide adequate funding to public schools, the enactment of section 163.410 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 163.410 of section A of this act shall be in full force and effect upon its passage and approval or July 1, 2010, whichever occurs later.