Stronger penalties could lead to prompt reports of student abuse

THE recent child abuse scandal in the Perry school district, where a teacher’s aide is accused of molesting children even as other school officials failed to notify law enforcement of the abuse allegations, highlights a problem increasingly in the headlines in Oklahoma.

In Texas, lawmakers have decided to do more to target the culture of silence that sometimes facilitates abuse of students.

The Texas legislation, recently signed into law, includes a provision making superintendents and principals subject to criminal charges if they fail to report instances of suspected child abuse committed by a teacher or other school employee.

That’s in contrast to Perry, where Upper Elementary Principal Kenda Miller and fifth-grade teacher Jeff Sullins face misdemeanor charges for failing to report student complaints regarding teacher’s aide Arnold Cowen. Miller admitted to police that she had received more than one complaint regarding Cowen’s behavior, but had dismissed those complaints and not reported anything to law enforcement because Cowen was a “nice guy.” Students told police Sullins yelled at one student who complained about Cowen’s actions, and called her a liar. (Miller and Sullins have each resigned effective June 30.)

Oklahoma law states, “Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter promptly” to state authorities.

The law also declares that any “person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt reporting of suspected child abuse or neglect” may face a misdemeanor charge. Those who have “prolonged knowledge of ongoing child abuse or neglect” — defined as a six-month period — and “knowingly and willfully” fail to make a report can face felony charges.

Needless to say, there’s a big difference between a misdemeanor and a felony charge. It’s reasonable to ask if the six-month felony threshold is reasonable, particularly in school settings where that time frame represents the majority of the school year.

In Texas, 222 investigations were reportedly opened by the Texas Education Agency examining claims of inappropriate student-educator relationships in fiscal year 2015-16. From Sept. 1, 2016 to the end of January, another 97 cases were opened, a 43 percent increase compared with the same prior-year period. (Similar statistics are not as readily available in Oklahoma.)

The Texas data, which included some high-profile cases, prompted that state’s lawmakers to act. Under the new law, Texas teachers found to have sexually abused a student can now lose their state pension.

In 2015, Oklahoma legislators passed a law that allowed — but did not require — school district officials to notify the state Board of Education when a teacher resignation occurs in response to sexual abuse allegations that have not yet resulted in legal action. But that law doesn’t authorize revocation of accused child abusers’ teaching licenses. And school officials are actually protected from lawsuits under that statute if they do not notify the board.

In Perry, school officials overlooked serious abuse allegations, which likely facilitated further abuse of children. Increasing the severity of penalties facing school administrators who fail to take action seems a reasonable way to ensure such abuse is reported promptly in the future.