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Police, Facebook and presidential politics all on special session agenda

This article first appeared in the St. Louis Beacon, Sept. 5, 2011 - Missouri's special legislative session that begins Tuesday in Jefferson City isn't just about the economy, jobs and "Aerotropolis," aka the China Hub. 

Legislators also have three other key topics that Gov. Jay Nixon has agreed need to be addressed:

  • Changing Missouri's presidential preference primary, so that it won't be held in February, a schedule that violates rules for both major parties.
  • Repealing and possibly revamping part of a new state law that now appears to ban most private teacher-student interaction on the Internet, including social-media sites such as Facebook and Twitter.
  • Returning control of the St. Louis police department to St. Louis, a move that would end 150 years of state oversight.

Lcoal control has been sought by St. Louis mayors for decades, but just recently the effort began to gain traction in the General Assembly. The Missouri House approved local control during the regular session earlier this year, but the bill died in the Senate when it became a bargaining chip in the economic-development fight.

The St. Louis Police Officers Association, which long has opposed local control, came aboard earlier this year after a collective-bargaining contract was reached with the city's Police Board, largely made up of Nixon appointees.

Ironically, legislative term limits may have helped the city's cause, because the current crop of Jefferson City lawmakers appears to have far less interest in influencing operations in the St. Louis Police Department. Years ago, veteran city legislators often called the shots when it came to promotions and other internal matters.

On Friday, local-control backers were busy shooting down last-minute rumors on Twitter that the measure would include police pensions, which the association wants to remain under state control. St. Louis Mayor Francis Slay's staff, and key legislators, say pensions are not part of the special-session bill.

TEACHERS, STUDENTS AND FACEBOOK

Despite the issue's historic backdrop, the battle over local control lately has been somewhat overshadowed by the late-breaking dispute over the state law restricting teacher communications with students.

Nixon just recently added to the special session the proposed repeal of the controversial electronic communication portion of a new law, called the Amy Hestir Student Protection Act. The law was designed to restrict social interaction between students and teachers. The aim is to protect students from being sexually exploited by teachers and other adult educators.

The law took effect Aug. 28, but a judge imposed a stay on the section that has raised objections from teachers and others.

That section bars private exchanges between teachers and students -- including former students -- on online sites. Some critics and school districts say its wording even bars email communications. A teacher in Ladue filed suit claiming that because her children had been in her class, she couldn't even communicate with them on Facebook.

The bill's sponsors, led by state Sen. Jane Cunningham, R-Chesterfield, have contended that the provision is being misinterpreted by critics. Cunningham has said she is open to making some changes to clarify the intent. Backers note that the bill passed the state House and Senate unanimously.

Cole County Circuit Judge Jon Beetem issued the temporary restraining order barring enforcement of the restriction for 180 days. Ruling in a suit brought by the Missouri State Teachers Association, he said it "would have a chilling effect on speech" and called the restrictions on electronic communication "staggering" in their breadth.

Nixon, who signed the original bill into law, concurs with the need to repeal the language. He said the importance of using social media in education has to be balanced against ensuring the safety of students, the main purpose of the law in the first place.

The sponsors and teachers groups have been working on crafting compromise language in time for the special session.

Though the governor's office said that his call for the session included only the repeal of the section of the existing law, not passage of a replacement, state Rep. Chris Kelly, D-Columbia, who sponsored the bill in the House, said he wasn't sure that such restrictions could be imposed on lawmakers.

PRESIDENTIAL PRIMARY AND POSSIBLE PENALTY

As for the presidential primary, Nixon and legislators in both parties agree on the need to move it from February. Failure to do so could mean that Missouri's Republican and Democratic delegates to the national presidential conventions might not be seated or face penalties.

Both major parties say that no states can hold caucuses or primaries until after Iowa, New Hampshire, Nevada and South Carolina.

But in Missouri, there remains a dispute on when to reschedule its presidential primary. Some want to move it to March, while others contend that the state's voters might have more influence in the selection process if the state holds it in April or later.

That debate must be resolved before the special session ends.

Jo Mannies is a freelance journalist and former political reporter at St. Louis Public Radio.
Dale Singer began his career in professional journalism in 1969 by talking his way into a summer vacation replacement job at the now-defunct United Press International bureau in St. Louis; he later joined UPI full-time in 1972. Eight years later, he moved to the Post-Dispatch, where for the next 28-plus years he was a business reporter and editor, a Metro reporter specializing in education, assistant editor of the Editorial Page for 10 years and finally news editor of the newspaper's website. In September of 2008, he joined the staff of the Beacon, where he reported primarily on education. In addition to practicing journalism, Dale has been an adjunct professor at University College at Washington U. He and his wife live in west St. Louis County with their spoiled Bichon, Teddy. They have two adult daughters, who have followed them into the word business as a communications manager and a website editor, and three grandchildren. Dale reported for St. Louis Public Radio from 2013 to 2016.