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Missouri schools scrambling to overhaul new sexual assault and discrimination regulations

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The U.S. Department of Education has issued new regulations for the nation’s K-12 and most higher education schools to use when responding to sexual harassment and assault allegations. The changes fall under the federal Title IX law, which bans discrimination based on sex in education programs or activities getting federal financial aid.

Missouri schools scrambling to overhaul new sexual assault and discrimination regulations

The new rule, issued in May, begins August 14 – leaving many Missouri schools rushing to comply with the changes while they also figure out how to reopen schools in a COVID-19 world.

Key provisions of the new rule include:
• Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex
• Requires the school to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders
• Protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment
• Holds colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities
• Restores fairness on college and university campuses by upholding all students’ right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing
• Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused
• Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty
• Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely

Kelli Hopkins, associate executive director of the Missouri School Boards’ Association, tells Missourinet the rule very narrowly defines sexual harassment and takes on a more due process approach.

“You need four trained people in pretty much what I would call courtroom-level types of process,” Hopkins says. “And we’ve got school districts with two people in the central office.”

Hopkins says the changes are very complicated.

“Now there are a set of procedures and requirements about how to investigate, who investigates, and who decides whether they did something wrong and what the penalties can be and a whole slew of brand new ways to do things,” Hopkins says.

A coordinator is required to educate the rest of the group charged with Title IX duties. An investigator is required to examine the allegations. Another individual issues a decision in each case. If an appeal is made, another person must hear each appeal.

Under the new requirements, Hopkins says if one of the parties involved in a claim leaves the school for good, the school no longer has jurisdiction. Private and criminal lawsuits could still be filed.

According to Hopkins, the new rule only applies if the alleged events took place as part of the school’s programming or activities.

The American Civil Liberties Union has filed a lawsuit requesting a federal court to block the new requirements. The organization says by adopting a rule that subjects sexual harassment to different standards than other forms of harassment, the Trump administration is doing exactly what Title IX prohibits — discriminating on the basis of sex.

The ACLU opposes the provisions in the regulation that:
• Impose an unduly narrow definition of sexual harassment, one narrower than that used for racial harassment
• Allow colleges and universities to not investigate complaints of incidents that they reasonably should have known about
• Relieve schools of the obligation to investigate many instances of student-on-student harassment or assaults that occur off campus, even where they have continuing effects on campus
• Allow schools to adopt unreasonable responses to complaints and holding them responsible only if their actions are “deliberately indifferent”
• Allow schools to apply a clear and convincing evidence standard of proof

Hopkins says a claim also being made is that the regulations will make sexual assault almost impossible to prove and could serve as a deterrent for victims to file a complaint.
She says another ACLU argument is a federal law cannot be overturned with an administrative rule.

“What they (ACLU) are saying is what Congress created, they (U.S. Education Department) have now altered so significantly that the regulations are illegal,” says Hopkins. “I think they have a legitimate argument, especially for K-12.”

A press release from the U.S. Department of Education says the new requirements hold schools accountable for failure to respond equitably and promptly to sexual misconduct incidents and ensures a more reliable judgement process that is fair to all students.

“Too many students have lost access to their education because their school inadequately responded when a student filed a complaint of sexual harassment or sexual assault,” says U.S. Education Secretary Betsy DeVos. “This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. We can and must continue to fight sexual misconduct in our nation’s schools, and this rule makes certain that fight continues.”

The release goes on to say the Obama administration denied students basic due process protections – leading to such cases frequently being overturned by the courts.

Copyright © 2020 · Missourinet

Major Missouri bills awaiting governor’s action

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Gov. Mike Parson has a matter of days left to take action on a number of bills passed during the Missouri Legislature’s regular session. Here is a list of some of the key measures awaiting a decision by the governor:

Gov. Parson signing budget bills (Photo courtesy of his Flickr account)

Partial motorcycle helmet law repeal and Hyperloop
House Bill 1963 is a sweeping transportation bill that would include a partial repeal of the state’s motorcycle helmet law. Motorcycle drivers 26 years and older could go helmetless if they have their own health insurance. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet. The measure would also let a state commission create a public-private partnership to build a Hyperloop tube travel system in Missouri, but would ban the use of eminent domain to build one.

Medical marijuana
Lawmakers passed changes to the state’s new medical marijuana industry. The FBI informed the state health department, which regulates the industry, that DHSS will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem. Under House Bill 1896, the agency could also require fingerprints from medical marijuana business employees as part of the licensing or certification process. The measure would require department employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. The bill would also ban medical marijuana edibles designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, are allowed.

Rape kit testing efforts
Sen. Andrew Koenig’s legislation would require Missouri hospitals to perform a forensic exam using an evidence kit upon the request and consent of a sexual assault victim. Senate Bill 569 would give hospitals access to virtual and in-person training on how to use the kits. It would also require the state to create a centralized place to store unreported rape kits and require those kits to be stored for at least five years.

Missouri has about 6,800 untested rape kits. State Attorney General Eric Schmitt’s office has shipped about 1,000 of those to a lab for testing and is working to get all of them tested.

Electronic monitoring within patient rooms of long-term healthcare centers
Under House Bill 1387, residents of long-term care centers in Missouri would be allowed to have covert and authorized electronic monitoring devices within their rooms. Facilities and any residents with such monitoring must post a visible sign indicating that rooms, including the room of the resident, are being monitored. The gadget must be owned and operated by the resident or the resident’s legal guardian. Representative Jim Murphy, R-St. Louis, is the bill sponsor.

No state taxes on federal stimulus payment
Sen. Tony Luetkemeyer, R-Parkville wants to prevent Missourians from being taxed by the state for their federal coronavirus stimulus payment. He says the money was already free of federal taxes, but was subject to state income taxes. Senate Bill 676 would also require county assessors to do a physical inspection of real estate prior to increasing a property’s assessment more than 15%.

Other bills already signed by the governor include:

Tort Reform
Senate Bill 591 puts new limits on punitive damages in liability lawsuits. The legislation allows juries to award punitive damages only when plaintiffs prove by clear and convincing evidence that defendants “intentionally harmed” someone without just cause or acted with “deliberate and flagrant disregard for the safety of others.” Sen. Bill White, R-Joplin, sponsored the Republican and business-friendly bill.

Crime megabill
Gov. Parson has signed into law sweeping changes aimed at cracking down on violent crime. Senate Bill 600 creates mandatory prison sentences for several violent crimes, and creates a new offense of vehicle hijacking. Sen. Tony Luetkemeyer’s bill defines street gangs and specifies that gang members could face a felony for being part of a gang.

Mail-in voting during pandemic
Current state law allows voters to mail in their election ballots for reasons like illness or travel. Under Senate Bill 631, sponsored by Sen. Dan Hegeman, R-Cosby, voters can say they are ill if they are 65 or older, live in a nursing or assisted home or have certain health conditions, including heart problems, asthma, or chronic lung disease.

Voters who cannot use one of the excuses can still mail in their ballot, but they are required to get their ballot notarized. The approach – to help prevent the spread of the coronavirus – would only be allowed during this year’s August and November statewide elections.

Copyright © 2020 · Missourinet

State answers frequently asked questions about Missouri school reopening

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The Missouri Departments of Health and Senior Services and Elementary and Secondary Education are answering frequently asked health questions about schools reopening next month. The information is designed to help schools navigate during the COVID-19 era.

State answers frequently asked questions about Missouri school reopening

It includes details about screening, assigned seating, desk placement, requiring hand washing before and after students move from one space to another and loading buses appropriately. The guidance urges schools to keep kids in the same group of students and adults throughout the day, including during P.E., recess, lunch and music classes.

During a Capitol press conference Thursday, Gov. Mike Parson says schools should do whatever they can to get schools open again and students back in class.

“I talked to some of the school administrators, the teachers, the students. I don’t think there’s any question in the state of Missouri – we’ve got to get the schools opened back up and we’ve got to get the kids back to school. There’s a lot of things that occur by not having them in school that can be far worse than going in there and fighting a virus,” says Parson.

The five pages of answers can be found on the Missouri Department of Elementary and Secondary Education’s website and will be updated with other topics. Click here to view the information.

In May, representatives from DHSS and DESE worked with the Missouri School Boards’ Association to publish the Pandemic Recovery Consideration: Re-Entry and Reopening of Schools, a 110-page guide with more thorough information to help school leaders develop plans for returning to onsite teaching and learning.

Copyright © 2020 · Missourinet

Federal disaster declaration approved for 19 Missouri counties hit by May storms

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President Donald Trump has approved Gov. Mike Parson’s request for a federal major disaster declaration for 19 Missouri counties hit by severe storms on May 3 and 4. The declaration means local governments and nonprofit agencies can request public help for response and recovery costs associated with the storms. A press release from Parson’s office says the federal aid will help with repair and replacement costs for damage to electric power systems, buildings, bridges, roads, and other public infrastructure.

Missourinet Lebanon affiliate KBNN reports Monday’s severe weather caused damage at the Floyd Jones Airport in Lebanon (May 4, 2020 photo courtesy of KBNN Radio website)

Poplar Bluff-based Ozark Border Electric Cooperative in southeast Missouri described the storms as the worst to hit the region since the 2009 ice storm. KFVS-TV in Cape Girardeau reported more than 10,000 residents across the region were without power for a time. An EF-1 tornado also swirled through the Bootheel town of Marston. The Floyd Jones Airport in southern Missouri’s Lebanon was also damaged.

Preliminary damage estimates are in the neighborhood of $9.3 million.

The counties battered by the storms are mostly in southeast Missouri, but also include ones in western, southwest and southern Missouri. The governor requested federal assistance for Bates, Butler, Carter, Dallas, Douglas, Dunklin, Henry, Hickory, Howell, Laclede, New Madrid, Oregon, Pemiscot, Polk, Ripley, Shannon, Stoddard, Wayne, and Wright Counties.

“As Missouri continues to respond to COVID-19 and build on our economic recovery efforts, Federal Emergency Management Agency assistance will now provide much needed support to local governments and nonprofits that sustained the brunt of the damage from the May storms,” Gov. Parson says. “The hard work of Missouri citizens, businesses, and communities are fueling our recovery, and this federal assistance will help us continue to move our state forward.”

The disaster declaration also means FEMA Hazard Mitigation assistance will be available to Missouri to help with cost-effective measures to reduce the chance of for future damage to public infrastructure as a result of natural disasters.

Copyright © 2020 · Missourinet

Missouri’s workforce development and higher education efforts get $125 million boost

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The state’s workforce development and higher education initiatives are getting $125 million in coronavirus relief, or CARES Act, funding. During a press conference at the state Capitol, Missouri Higher Education and Workforce Development Department Commissioner Zora Mulligan says about $80 million will be used to help public institutions reopen this fall.

Missouri Department of Higher Education and Workforce Development Commissioner Zora Mulligan and Gov. Mike Parson (Photo courtesy of governor’s Flickr page)

“That $80 million can be used for a variety of purposes,” says Mulligan. “It’s very similar to the conversation we’ve been having since March – we know that we need PPE. We know that we need to modify our physical spaces. We know that we need testing capability. We know that we need resources to comply with local health orders.”

Another $23.6 million is designated for staffing, infrastructure and technology to support distance education, among other things. Mulligan says roughly $10 million will also be used to help them expand their capacity for remote learning.

“This $10 million will give our colleges and universities an opportunity to address both short and long term needs – to make sure that students have access to the internet and also that institutions have the hard and software they need to do so successfully,” she says.

About $9.7 million will help train Missourians for high-demand jobs in information technology, train unemployed workers, and boost the Fast Track Workforce Incentive Grant.

“We all know we have a lot of fellow Missourians around the state who continue to be unemployed,” says Mulligan. “Many of them are going to be using this time to seek training and take advantage of the opportunities available to them.”

Gov. Mike Parson has included $1 million to the Office of Workforce Development and Local Workforce Development Boards to support Missourians safely resuming in-person job searches at job centers across the state. Most of Missouri’s 29 job centers remain closed to in-person traffic. However, job seekers and displaced workers can still get help by phone at 1-888-728-5627, or online at jobs.mo.gov.

Copyright © 2020 · Missourinet

Missouri gives $4.5 million in federal funding to local election authorities

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The state has given about $4.5 million in federal money to Missouri’s 116 local election authorities. During a visit with reporters this week in Jefferson City, Secretary of State Jay Ashcroft says he hopes the money will help poll workers.

Missouri Secretary of State Jay Ashcroft

“We made sure that everyone got at least $20,000, so that even our smallest jurisdictions had enough to really make a difference. One of the things that I’ve suggested, probably suggested it so many times that the election authorities are tired of me mentioning it, is that they should use a portion of those funds to increase their poll worker pay,” he says.

Ashcroft, a Republican, has said during other occasions that the poll worker job is intense. Polls are open from 6 a.m. to 7 p.m. the day of elections. Workers have to be there before the doors open and they stay after polls close to count ballots and to do other tasks.

Ashcroft says some states have not had enough polling precincts generally due to a lack of workers.

“It’s a good opportunity for us to be able to put more money into paying poll workers, to get more poll workers, and also help out some people that might be in financial straits, to make sure that we have enough poll workers and we have enough polling locations,” says Ashcroft.

He says he “fully believes” Missouri’s November election will be the “safest election people have participated in in Missouri”.

“Because we’ve had H1N1 or swine flu or other things before and we’ve never gone to the steps that local election authorities are doing with the physical distancing, with the face shields, with the face masks, with the plexiglass barriers that they’re putting up and with the distancing strips. They’re actually going to machines and disinfecting them between voters,” says Ashcroft.

Ashcroft anticipates the state will have about as many polling sites as it usually does during a primary election. Missouri’s primary is August 4.

Copyright © 2020 · Missourinet

Trump threatens to cut federal funding to schools; Parson says kids need to get back to school

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President Donald Trump is threatening to cut federal funding to schools that do not reopen their doors this fall. On Twitter, he says several other countries have reopened schools with no problems. During a meeting with education leaders in Washington, D.C., Trump says he is going to “put a lot of pressure on governors” to get schools back open again.

Mike Parson and K-12 Education Commissioner Margie Vandeven have been meeting this week with leaders in Washington, D.C. to discuss ways to help protect students, workers and their families from COVID-19. Each person at the table said a few words.

Photos courtesy of governor’s Twitter page

“He can put a little pressure on you if he decides to do that – I will say that,” says Parson. “So, sometimes we all need a little push to get things going.”

The governor says safely reopening Missouri schools is necessary to continue providing resources to at-risk students.

“I set there and I think of all the kids that need to be in school,” says Parson. “There’s the ones that have the privilege of going every day. That’s almost common that we go to school for most of the school kids, but a lot of school kids it’s a safety blanket. It’s a way to get nutrition. It’s a way to get counseling. It’s a way for somebody to help them when they cry out for help. This virus cannot shut our country down and our states down. We have to deal with it as we would anything else that we have dealt with in this country. We have to move forward and the economy and life goes on. Education is part of who we are and kids need to get back in school. Parents need to get more involved in their schools and be back involved in their schools, as I heard speakers today speak. It’s part of — it’s part of who we are. It’s how we build a future, and I think that’s so important.”

A U.S. House Appropriations Committee spokesperson tells Politico that Trump does not have the authority to withhold federal funding.

Most of Missouri’s K through 12 education is funded at the state and local levels.

Copyright © 2020 · Missourinet

Missouri Secretary of State explains voting options, requirements ahead of primary election

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Missouri Secretary of State Jay Ashcroft is traveling the state to get the message out about the different ways to vote this year and the requirements that come with them. Missouri voters can cast a ballot in person, by absentee, and the new mail-in voting option.

Missouri Secretary of State Jay Ashcroft (file photo courtesy of the Secretary of State’s office)

Due to COVID-19, the state Legislature passed Senate Bill 631 this year allowing all registered Missouri voters to mail in their ballot this year, if requested, and the ballot envelope must be notarized.

Absentee voters can cast a ballot without a notary if:
*Incapacitated or confined due to illness
*Having contracted the coronavirus or at-risk due to the following:
*Age 65 or older
*Immunocompromised
*Living in a long term care facility
*Diabetes
*Chronic lung disease/asthma
*Serious heart condition
*Liver disease
*Chronic kidney disease and undergoing dialysis

All other absentee voters will be required to get a notary.

During a visit with reporters in Jefferson City, Ashcroft says the governor signed an executive order allowing electronic notarization.

“If you follow those steps, then that notarization will meet the requirements under the law for ballots,” he says.

Ashcroft says the governor has signed another bill, HB 1655, into law about remote notary that will apply to the November election.

He says his office is working on a list of organizations that have agreed to provide notarization for free for mail-in and absentee ballots. The list will be updated as more Missouri notaries volunteer to help.

“It is against Missouri law for a notary to charge to notarize an absentee ballot,” says Ashcroft. “It is not against the law for a notary to charge to notarize a mail-in ballot.”

July 22 is the deadline to ask for an absentee ballot by mail for the August 4 election. Absentee ballots can be requested in person up until the day before Election Day. They must be turned in by mail or in person and received by 7 p.m. on Election Day. Ashcroft says if voters have coronavirus concerns and would prefer to avoid going into the courthouse, some clerks might meet you at your car.

July 22 is also the deadline voters can deliver their application to their local election authority to request a mail-in ballot for the August 4 election. The ballot envelope must be notarized and returned through U.S. mail in time for its receipt on Election Day.

Ashcroft advises voters to turn in these requests as soon as possible.

“If you can’t tell, I’m really concerned about people that want to use one of these mail-in options having the time to get the ballot, fill it out and get it back in time so that their vote counts,” says Ashcroft.

Ashcroft pushed in-person voting. He says the safest way to vote and to ensure that your vote counts is by voting in person. Missouri has had two elections since the coronavirus began to grip the state in March and Ashcroft says there have not been any noted spread of the virus as a result of in-person voting.

“I fully believe that November will be the safest election people have participated in in Missouri, because we’ve had H1N1 or swine flu or other things before and we’ve never gone to the steps that local election authorities are doing with the physical distancing, with the face shields, with the face masks, with the plexiglass barriers that they’re putting up and with the distancing strips. They’re actually going to machines and disinfecting them between voters,” says Ashcroft.

Today is the last day to register to vote in Missouri’s August 4 election.

Copyright © 2020 · Missourinet

Missouri court hears lawsuit again about mail-in voting law

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Cole County Circuit Court Judge Jon Beetum is considering a lawsuit designed to let all Missouri voters cast a ballot by mail this year without a notarized signature. The NAACP of Missouri and the ACLU of Missouri are suing the state and contend that a new law requiring some voters to get a notary could put their health and the health of others at risk during the COVID-19 outbreak.

Missouri court hears lawsuit again about mail-in voting law

Beetum dismissed the case in May and said the groups did not state a claim. He went on to say they are trying to get widespread absentee voting for all future elections. The case was then appealed to the Missouri Supreme Court and the high court reversed Beetum’s decision. It said the groups actually stated a claim.

Plaintiffs want the court to block the notarization requirement in Senate Bill 631. Under the plan, all registered Missouri voters can mail in their ballot this year, if requested, and the ballot envelope must be notarized.

Absentee voters can cast a ballot without a notary if:

  • Incapacitated or confined due to illness
  • Having contracted the coronavirus or at-risk due to the following:
    *Age 65 or older
    *Immunocompromised
    *Living in a long term care facility
    *Diabetes
    *Chronic lung disease/asthma
    *Serious heart condition
    *Liver disease *Chronic kidney disease and undergoing dialysis

All other absentee voters will be required to get a notary.

The governor has signed an executive order allowing electronic notarization.

The key witness for the plaintiffs, Dr. Hilary Babcock, a medical professor from Washington University in St. Louis, says the safest way to vote is not to leave home and instead vote by mail. But she says getting ballots authorized through a notary is safer than voting in person. If voters use public transportation to get to the polls, Babcock says those voters increase the chances of getting the virus.

Arguing for the state, Missouri Solicitor General D. John Sauer, raised the point that some notaries already have a porch or window-separated notary option. He also questioned Babcock about using safety measures while voting in person. Babcock says using social distance, frequent hand washing and wearing masks could help to minimize the risks of getting the virus. But she says they are not as safe as staying confined.

Today’s court hearing came with some technical glitches, causing the hearing to last more than three hours. Plaintiffs used a video conference platform to dial into the hearing. Understanding what they were sometimes saying did not always come easy. The Missouri Attorney General’s Office represented the state in-person.

Beetum could rule on the case at any time. Missouri’s primary election is on August 4.

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