KANSAS CITY (AP) - Some Missouri school superintendents are warning parents and their children that a change in state law could lead to students being charged with felonies after fights or bullying, but legal and legislative leaders say the concern is overblown.
The change, part of a state criminal code overhaul that took effect Jan. 1, increases the penalties for third-degree assault and harassment and creates a fourth-degree misdemeanor assault charge. The new law does not specifically mention schools, and education officials and prosecutors are struggling with how they will interpret it.
The law says anyone who "knowingly" causes a physical injury to someone else, no matter the offender's age, can be charged with a third-degree felony.
At least three school districts - Ferguson-Florissant, Hazelwood and Kansas City - have posted warnings on their websites saying the new law means students might face felony charges if they are involved in fights at school, on buses or on school grounds. Ferguson-Florissant School Superintendent Joseph Davis posted a YouTube video discussing the new law and imploring students and their parents to refrain from solving disputes by fighting, which to led to media stories discussing the new law and the concerns it was raising.
All of which irritated Sen. Bob Dixon, R-Springfield, who sponsored the criminal code overhaul. He said the reports were "totally erroneous" and based on a minor change in a 1,000-page bill. Dixon said the change makes it less likely that a student would become a felon because they give prosecutors more discretion than was possible under the former law.
"I think (the superintendents) were trying to get the bluffing on the kids to convince them not to get into schoolyard fights," Dixon said. "And honestly, more power to them, but don't misrepresent the work that we did because the press kind of picked it up."
The Ferguson-Florissant district later posted a clarification that said the video was intended to keep students and parents informed of the laws. Davis declined an interview request from The Associated Press but said in a statement that district officials are discussing the law with attorneys and law enforcement.
"There is still a lack of consensus and clarity regarding the new laws and the implications for students and schools," the statement said. "At this time we have not changed our policies nor the Code of Conduct. We will continue to meet in the coming days to determine what is in the best interest of our students and what we must do to uphold the law."
The new law does not change much related to school fights but it does include an overly broad definition of harassment, which could make some bullying cases reportable offenses, said Susan Goldhammer, an attorney for the Missouri School Boards Association.
"These are difficult things schools struggle with every day," she said. "How do we impress on (students) that their actions are important but at the same time, we don't criminalize common behavior?"
Whatever schools decide, prosecutors will ultimately decide whether or how to charge students. And it is unlikely prosecutors change course, said Dana Tippin Cutler, president of the Missouri Bar.
"Our court personnel and prosecutors are going to continue to use discretion they always had about filing charges and pursuing criminal cases," Cutler said. "And if the case doesn't merit it, they're not going to waste time and resources pursuing it."