New Law in Missouri Makes Schoolyard Fights a Felony

On January 1, 2017, the state of Missouri will implement a public school policy sure to accelerate the descent into police state dystopia.

Source

New Missouri Statute

A memo was put out to parents and guardians recently, stating that fighting between students either at school or on the bus will be treated as felonies, resulting in up to four years of prison, fines.

The memo states:

Dear Parents/Guardians:

We want to make you aware of a few new State Statutes that will go into effect on January 1, 2017, which may have a drastic impact on how incidents are handled in area school districts.

The way the new statue reads, if a person commits the offense of an assault in the third degree this will now be classified as a Class E Felony, rather than a misdemeanor. If he or she knowingly causes physical injury to another person (hits someone or has a fight with another individual and an injury occurs) – one or both participants may be charged with a Felony.

Teachers will no longer get involved, kids will not be sent home or suspended and parents may not even be called.

“School Resource Officers” or local cops now arrest the kids and, if there is any perceived injury (an arbitrary judgment), will charge them with third-degree assault – treating children cooped up in school as if they are violent adults on the streets.

The letter continues…

What does this mean for students?

For example, if two students are fighting and one child is injured, the student who caused the injury may be charged with a felony. Student(s) who are caught fighting in school, bus or on school grounds may now be charged with a felony (no matter the age or grade level), if this assault is witnessed by one of the School Resource Officers/police officers (SRO) or if the SRO/local law enforcement officials have to intervene.

This is one of those force is met with excessive force situations. Schools should be fostering a healthy atmosphere outside of the home and though this may quell much of the fighting, the goal is achieved by instilling fear and intimidation. The same tactics that bullies use.

Even attempts or threats to cause harm will be treated as a Class A misdemeanor, which can bring up to a year of prison time. If the assaulted person is considered a “special victim,” a Class D felony can be imposed which can mean up to seven years in prison.

This is becoming the new normal. The Arizona State Law Journal discovered that over the last 30 years, the use of law enforcement (some armed), to handle students that violate the rules has steadily increased.

Approximately 260,000 students were referred to law enforcement during the 2011-2012 school year, and about 92,000 students were arrested on school property. Unsurprisingly, these numbers affect disadvantaged minority students the most.

The Center for Public Integrity (CPI), has documented some disturbing examples of children being subjected to law enforcement.

Some police actions involve alarming physical altercations, with kids subdued and handcuffed. Others may be handled without much force. But law-enforcement involvement in school discipline has routinely resulted in kids—some as young as elementary school-age—summoned to court to answer charges that they committed crimes. Frequently, charges include battery or assault in connection with schoolyard fights or disorderly conduct or disturbing the peace at school —issues that some believe should be handled by school officials, not cops.

Virginia is being labeled as the worst state. For every 1000 students, 16 are referred to law enforcement. One school had 228 students, most betweeen the ages of 11 and 14, referred to law enforcement.

A 12-year-old girl was charged with obstruction of justice for clenching her fist at a cop. 11-year-old Kayleb Moon-Robinson, who is autistic, was slammed to the floor for walking out of class too early, and then was charged with felony assault on a police officer and disorderly conduct.

Other shocking examples include five- and six-year-olds being handcuffed, arrested and booked into jail for throwing temper tantrums. Dress code violations, tardiness, and even passing gas have all led to students being referred to law enforcement.

CPI describes how exposing children to law enforcement and the “justice system” at a young age can have a negative impact on their mental health.

…prosecuting kids in court for low-level accusations like disorderly conduct and battery is actually backfiring; kids become stigmatized, develop records and often disengage from school. The risk increases that they’ll progress to more serious trouble, especially if core emotional or mental-health or learning problems go unresolved or inadequately treated.

The rest of the article goes on to describe the detrimental effects that this type of discipline has on a child. Rarely in prison does one learn to be a better person, only that they never want to go back. What are we teaching these kids?

a reply to: eisegesis

What are we teaching these kids?

They are teaching the children to fear the state. Great, ruin a kids life because they get into a scuffle on the playground. Talk about overkill.

a reply to: eisegesis

This is the worst kind of news what happened to the good ole days when two kids had a disagreement the met on the school playground and fought it out the next day best friends come on they are children not adult criminal rejects

I wonder if any member will attempt to defend this law.

a reply to: eisegesis

I agree it's ridiculous but, it's the inevitable result of a few different issues.

- Incompetent parents not instilling discipline in their kids.
- The increasing litigiousness of society leading to teachers and schools being sued by parents of spoiled entitled kids with no discipline.

When teacher's and school's hands are tied with how they can handle situations with stupid kids, it should come as no surprise that they just call the cops instead of risking their careers.

A sad state of affairs all around.

a reply to: eisegesis

After reading the statute, I am horrified that there is no allowance for self-defense. None. In fact, the way it's written (at least how I'm reading it), even if a student got the crap beat out of them and never threw one single punch back, that student "may" also be charged with a felony:

The way the new statue reads, if a person commits the offense of an assault in the third degree this will now be classified as a Class E Felony, rather than a misdemeanor. If he or she knowingly causes physical injury to another person (hits someone or has a fight with another individual and an injury occurs) – one or both participants may be charged with a Felony.

Likewise, if one student starts a fight and the other does defend themselves, and especially if the one defending actually gets the upper hand, they could be charged and the other one not -- all depending on what the officer saw or didn't see.

And I could not help but also note that Missouri fought in the courts to be able to hire low IQ officers exclusively... because they are more likely to follow orders.

This is sick sick stuff here.... and does not bode well for any of us.

They want the kids in the system early. Easier to keep the prisons full that way.

My child would be pulled from this school system immediately.

Yeah, that's what we need. 10 year old felons.
Looks great on a resume.

a reply to: eisegesis

Crazy! Two adults get into a fight at a bar, and it's assault and battery, a misdemeanor, unless a bone is broken. But minors, who are supposed to be supervised by adults at all times, are to be charged with a felony for throwing a punch at school or at a bus stop! Crazy!

A felony for a minor!!?? Wtf?
With prison time?!
That's the legal system in the states?
I thought only the worst crimes (like murder) moved a minor into adult status.

Land of the free 🙄

Other shocking examples include five- and six-year-olds being handcuffed, arrested and booked into jail for throwing temper tantrums. Dress code violations, tardiness, and even passing gas have all led to students being referred to law enforcement.

That can't be real.
If it is, how can Americans call their country "great", it's not even near good, if this sort of thing goes on.

originally posted by: annoyedpharmacist
a reply to: eisegesis

What are we teaching these kids?

They are teaching the children to fear the state. Great, ruin a kids life because they get into a scuffle on the playground. Talk about overkill.

Well if they are teaching kids to fear the state it's because parents are doing a poor job with having the their children fear them.

Nobody wants a kid to go away on a felony for a fight but what doe people suggest bus drivers and teachers to do when some kids could care less about authority. If my son is in class with a youth that is constantly disruptive why should my son's education be disrupted by one or two bad apples? If the parents aren't doing a good job with the kids then somebody has to step in and set the tone....felony I would agree is excessive but just click on youtube and you will see fight after fight at schools

Maybe a parent and the child should look to do community service for the offense? This is a loose loose situation because nobody has the stomach to do what is right and hold the responsible parties accountable so now we are left with an over the top reaction..

Bureaucracy comes to the sand box, lol. Either let em duke it out in the gym with gloves on or they'll do it after school with their gats.

a reply to: eisegesis

Dear Parents/Guardians:
We want to make you aware of a few new State Statutes that will go into effect on January 1, 2017, which may have a drastic impact on how incidents are handled in area school districts.
The way the new statue reads, if a person commits the offense of an assault in the third degree this will now be classified as a Class E Felony, rather than a misdemeanor. If he or she knowingly causes physical injury to another person (hits someone or has a fight with another individual and an injury occurs) – one or both participants may be charged with a Felony.”

Read more at thefreethoughtproject.com...

Keep in mind the youth would be sent to a Juvenile Facility and not prison presuming they are under the age of 18..In Massachusetts you can be in a Juvenile Program until you are 21.

a reply to: intrptr

Not too sound like a hippy but they should not be fighting at all and allowing them to fight versus jail time is not a good solution either..

Sheesh, I just got a few Saturday schools for my fights. This is crazy.

a reply to: eisegesis

Upon further inspection, this seems like it's limited to the Hazelwood School District which serves roughly 19,000 students in the St. Louis area. It still sucks, but at least it's not statewide.

Although it raises other questions such as "is this even legal?" and "why this district?" The courts should still treat the children "offenders" as minors, unless they're 18 years old or older (though I'm not familiar with Missouri law).

originally posted by: snowspirit
A felony for a minor!!?? Wtf?
With prison time?!
That's the legal system in the states?
I thought only the worst crimes (like murder) moved a minor into adult status.

Land of the free 🙄

Other shocking examples include five- and six-year-olds being handcuffed, arrested and booked into jail for throwing temper tantrums. Dress code violations, tardiness, and even passing gas have all led to students being referred to law enforcement.

That can't be real.
If it is, how can Americans call their country "great", it's not even near good, if this sort of thing goes on.

So although you give these small examples of typical adolescent behavior you are not seeing what happens after the fact. Although the actions are minor when the issue is addressed that's when things get out of hand. Teachers do not carry the influence when I was a youth. Some kids just don't think about the consequences. So you tell a youth that it's not polite to pass gas and they get upset and tell the teacher to F-off..things escalate and inevitably the police are called because the school does not want to be liable for putting their hands a child that ends up being disruptive..there is always more to a story when you hear situations such as you described...sure there can be some over the top adults but I'm confident through my experiences that the minor incidents tend to escalate the fastest.

That's were the Teacher/Parent conference comes into play but if the parent does not give a crap about the behavior or is not supportive of the teacher and the schools expectations you are just wasting time. When you look at examples given for these acting out behaviors I would be interested in seeing if this was the students first interaction misbehaving or is there a pattern of this behavior. Kids are quickly moved to other schools and seldom are the issues really addressed so you have kids that feel abandoned and neglected and their acting out behavior sometimes gets them the attention they crave..

The Arizona State Law Journal found that over the last three decades, there has been a marked shift in public schools to using law enforcement instead of school administrators and teachers for students violating school rules.

Approximately 260,000 students were referred to law enforcement during the 2011-2012 school year, and about 92,000 students were arrested on school property. Unsurprisingly, these numbers affect disadvantaged minority students the most.

The Center for Public Integrity (CPI) documented disturbing examples of children being subjected to law enforcement, just as a shocking video emerged of a cop brutalizing a teenage girl in the classroom for misbehaving. Read more at thefreethoughtproject.com...

a reply to: enlightenedservant

Yeah, it looks like there is a new state statute that applies to anyone in a fight - it's not specifically directed to schools or minors. The new statute moves the offense from a misdemeanor to a felony.

It looks like this school district is saying their school will apply the statute to fights on their property. And the minors would be treated as such, going to juvie, not adult prison.

Parents should pull their kids from school in that state and refuse to allow them to attend any public schooling because of this asinine law. It is just as bad of a threat to anyone as someone calling the police and pulling a "SWAT" on someone they are mad at.

I had to look up the spanking laws, and apparently American parents are still allowed to spank their children.

www.huffingtonpost.ca...

In Canada it isn't actually illegal, yet, but it can still get a parent in lots of trouble, child services shows up if they hear, and they can take away your children.

You guys can still put fear of misbehaving in your kids.
Up here, we count loudly and slowly, and the kids need to behave before the count of three....

There should never be a need to actually charge and jail minors for little stupid stuff, that's just creating little jailbirds.