1. Bullying 1 WVDE Counselor Conferences March 20-21, 2014 March 24-25, 2014 By Shelly K. Stalnaker, Coordinator West Virginia Department of Education Office of Secondary Learning

2. Would you want to walk in their shoes? “Hey” – Short Film on Bullying http://www.youtube.com/watch?v=H 1CqaelVnkY&feature=player_detailpa ge

3. Session Objectives 1.Bullying definition(s). 2.Policy 4373 requirements regarding bullying. 3.Bullying resources. 3

4. How bullying defined? Let’s examine the definitions. -WV Legislative -U.S. Department of Education -Clinical -FBI -WVDE 4

5. U.S. Department of Education Bullying Definition: Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose. (What is Bullying | StopBullying.gov)What is Bullying | StopBullying.gov 5

6. WV Legislative Definition WV Legislative Definition: "Harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that: (see H.B. 3225, amending and reenacting § 18-2C-2 and § 18-2C-3, effective June 2011) http://www.legis.state.wv.us/WVCODE/Code.cfm?c hap=18&art=2C#02C http://www.legis.state.wv.us/WVCODE/Code.cfm?c hap=18&art=2C#02C 6

7. WV Legislative Definition (1) a reasonable person under the circumstances should know will have the effect of any one or more of the following: (A) Physically harming a student; (B) Damaging a student's property; (C) Placing a student in reasonable fear of harm to his or her person; or (D) Placing a student in reasonable fear of damage to his or her property; or (2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or (3) Disrupts or interferes with the orderly operation of the school. (b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one who is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device

8. FBI Definition Cyberbullying and Sexting: Law Enforcement Perceptions and Definition: Willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices,” cyberbullying has become a growing concern. 1 It includes sending threatening texts, posting or distributing libelous or harassing messages, and uploading or distributing hateful or humiliating images or videos to harm someone else. 8

9. Clinical Definition Clinical Definition: Bullying occurs when a person is exposed repeatedly and over time to negative actions on the part of one or more persons… bullying has four elements: (a) an imbalance of power (physical, intellectual, or emotional) (b) the action is repeated over time, (c) the action is intentional, and (d) there is an unequal display of emotion (Olweus, 1993). 9

10. WVDE Follows WV Legislative Definition: "Harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that: (see H.B. 3225, amending and reenacting § 18- 2C-2 and § 18-2C-3, effective June 2011) http://www.legis.state.wv.us/WVCODE/Code.c fm?chap=18&art=2C#02C http://www.legis.state.wv.us/WVCODE/Code.c fm?chap=18&art=2C#02C 10

11. (1) a reasonable person under the circumstances should know will have the effect of any one or more of the following: (A) Physically harming a student; (B) Damaging a student's property; (C) Placing a student in reasonable fear of harm to his or her person; or (D) Placing a student in reasonable fear of damage to his or her property; or (2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or (3) Disrupts or interferes with the orderly operation of the school. (b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one who is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device 11

12. Commonality of Definitions 12

13. Policy 4373 -Effective Date---July 1, 2012 -Repeal of Former Rule. -- This legislative rule repeals W. Va. §126CSR18, “Racial, Sexual, Religious/Ethnic Harassment and Violence” (Policy 2421) filed December 16, 1996 and effective January 16, 1997; W. Va. §126CSR20, “Regulations for Alternative Education Programs for Disruptive Students” (Policy 2418) filed July 14, 2000 and effective August 14, 2000; W. Va. §126CSR23, “Substance Abuse and Tobacco Control” (Policy 2422.5) filed May 16, 2005 and effective July 1, 2005; W. Va. §126CSR98, “Student Handbook – Student Right and Responsibilities” (Policy 4372) filed November 23, 1998 and effective December 23, 1998; and repeals and replaces W. Va. §126CSR99, “Student Code of Conduct” (Policy 4373) filed December 16, 2002 and effective July 1, 2003. 13

14. ….. These regulations require county boards of education to design and implement procedures to create and support continuous school climate/culture improvement processes within all schools that will ensure an orderly and safe environment that is conducive to learning. Public schools must create, encourage, and maintain a safe, drug- free, and fear-free school environment in the classroom, on the playground, and at school- sponsored activities. ….. 14

15. Policy 4373 Section 1-Addressing Inappropriate Behavior with Meaningful Interventions and Consequences Purpose: Provide schools with policy that creates and ensures an orderly and safe environment that is conducive to learning. This policy requires that all schools respond immediately and consistently to any behavior that disrupts the learning environment in a manner that effectively deters future incidents and affirms respect for individuals. Inappropriate behaviors include but are not limited to incidents of harassment, intimidation, bullying, substance abuse and/or violence. ………………………………… http://wvde.state.wv.us/policies/p4373-new.pdf 15

16. Level 1=Minimally Disruptive Behaviors... Level 2=Disruptive and Potentially Harmful Behaviors …( County policies may reclassify Level 2 and 3 inappropriate behaviors depending on the severity) Level 3=Imminently Dangerous, Illegal and/or Aggressive Behaviors-are willfully committed and are know to be illegal and/or harmful to people and/or property. **(Harassment/Bullying/Intimidation P.51-54) Level 4=Safe Schools Act Behaviors-are consistent with those addressed in WV Code §18A-5-1a(a) and (b) 16

17. Where was Bullying located in Policy 4373? Level 3 P. 51-54 ElectronicManualTest (WVDE Manual) 17

18. BehaviorDefinition Harassment / Bullying/ Intimidation A student will not bully/intimidate/harass another student. According to West Virginia Code §18-2C-2, “harassment, intimidation or bullying” means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that: A reasonable person under the circumstances should know will have the effect of harming a student, damaging a student’s property, placing a student in reasonable fear of harm to his or her person, and/or placing a student in reasonable fear of damage to his or her property; Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or  Disrupts or interferes with the orderly operation of the school.

19. An electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device. Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity or expression; physical appearance; sexual orientation; mental/physical/developmental/ sensory disability; or other characteristic. 19

20. When harassment, intimidation or bullying are of a racial, sexual and/or r ligious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff or the public. Detailed definitions related to inappropriate behavior of this nature are as follows: When harassment, intimidation or bullying are of a racial, sexual and/or religious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff or the public. Detailed definitions related to inappropriate behavior of this nature are as follows: 20 Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:  submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or  submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education; or  creating an intimidating, hostile or offensive employment or educational environment. Amorous relationships between county board employees and students are prohibited.

21. Sexual harassment may include but is not limited to: verbal harassment of a sexual nature or abuse; pressure for sexual activity; inappropriate or unwelcome patting, pinching or physical contact; sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats and/or promises concerning an individual's employment or educational status; behavior, verbal or written words or symbols directed at an individual because of gender; or the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full enjoyment of educational benefits, climate/culture or opportunities. 21

22. Racial harassment consists of physical, verbal or written conduct relating to an individual's race when the conduct: as the purpose or effect of creating an intimidating, hostile or offensive working or academic environment; has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or otherwise adversely affects an individual's employment or academic opportunities. 22

23. Religious/ethnic harassment consists of physical, verbal or written conduct which is related to an individual's religion or ethnic background when the conduct: has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment; has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or otherwise adversely affects an individual's employment or academic opportunities. 23

24. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to: touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex; coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts; coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another. threatening or forcing exposure of intimate apparel or body parts by removal of clothing. 24

25. Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race. Religious/ethnic violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion or ethnicity 25

26. Interventions and Consequences Upon receipt of a complaint of racial, sexual and/or religious/ethnic harassment or violence that has been substantiated through investigation, the appropriate school official shall take action appropriate to the status of the offender (student, staff or public guest). Such action for students may include all options listed above. Actions for staff may include but not be limited to, warning, suspension, termination, revocation of licensure, notification of law enforcement and/or human services. Actions for public guests may include but not be limited to removal from school property and school sponsored functions, notification of law enforcement and/or human services. 26

27. Mandatory Reporting Required by law. 27

28. Why #2: Legislative expansion of harassment/ intimidation/bullying…and reporting requirements. Legislative Reporting Requirement: …A requirement that each county board shall input into [WVEIS] and compile an annual report regarding the means of harassment, intimidation or bullying that have been reported to them, and the reasons therefore, if known. The West Virginia Department of Education shall compile the information and report it annually beginning July 1, 2012, to the Legislative Oversight Committee on Education Accountability. 28

29. Best Practices 1.Know your school -Norms - 29

30. Why #1: School Climate Reinforcing appropriate behavior and preventing discipline problems are important to ensuring a positive and supportive school climate 30

31. Why is School Climate Important?

32. Some students experience barriers to learning (social, economic, health) that even the best instruction cannot overcome (Adelman & Taylor, 2000; Osher, Dwyer, & Jackson, 2004). Source: Osher & Weissberg 2011 @ safesupportiveschools.ed.gov

33. Why is School Climate Important? …It is imperative that the state shift the focus from merely compelling students to attend school to instead providing vibrant and engaging programs that … inspire students… Source: §18-8-6. The High School Graduation Improvement Act.

34. Incident Based Reporting

35. Step 1: Specify the Incident (Refer to Handout) District/School Date and Time of Day the incident took place Type of Incident overall, what was the nature of the incident? Location the incident took place Number Students and/or Staff Involved

36. Step 2: Provide Information for Each Person Involved Identify the Person IEP Status (for students involved) Discipline Offense Code This may be different for each person involved. Propose new codes to identify targets/victims/innocent bystanders BULLYING Was it BULLYING????? How Severe was the offense? What was the persons Motivation Number Students and/or Staff Involved

37. Step 2: Provide Information for Each Person Involved (Cont’) Who dealt with the offense for this person Disposition – what was the response to the offense for this person? This may be different for each person involved. Propose new codes to expand current list of disposition codes If response is suspension/expulsion, for How Many Days?

38. Step 3: Use the Data— Reports, Charts, Crosstabs Number and/or Average Incidents per Day/Month/Year/etc. Number and/or Average Students per Incident. Incidents and/or Discipline Reports by Problem Behavior Location. Time of day Student Staff/Teacher Etc…

39. Step 3: Use the Data—Examples

44. 44

45. Step 3: Use the Data—Examples 45

46. Step 3: Use the Data—Examples 46

47. On-Line Resources U.S. Department of Education What is Bullying | StopBullying.gov What is Cyberbullying | StopBullying.gov Who is at Risk | StopBullying.gov Prevent Bullying | StopBullying.gov Respond to Bullying | StopBullying.gov Get Help Now | StopBullying.gov Why We Don’t Use the Word “Bully” to Label Kids | Blog | StopBullying.gov Bullying Prevention Training Center | StopBullying.gov Home | StopBullying.gov

48. Visit the StopBullying.gov’s new Bullying Prevention Training Center to access core resources, the Bullying Prevention Training Module and Community Action Toolkit, and eleven new, audience- specific user guides. These guides were developed in collaboration with over 40 partner organizations from the public and private sectors, which provided review and insightful feedback to the content. The user guides, available in English and Spanish, provide relevant statistics and best practices for each of the following groups:Bullying Prevention Training Center 48

49. -Parents and caregivers -School administrators -Health and safety professionals -Law enforcement officers -Elected officials -Business professionals -Faith leaders -Youth organization leaders and mentors -Early education and childcare providers -Mental health professionals -Local recreation leaders Labels and Kids/Training Center/Be More than a Bystander/Youth Engagement /What You Can Do /Updates/Videos http://www.stopbullying.gov/index.html /Federal & State Anti- Bullying Laws Policies & Laws | StopBullying.gov http://www.stopbullying.gov/index.htmlPolicies & Laws | StopBullying.gov – SDFSBullypage (Video) SDFSBullypage 49

50. FBI – FBI — Cyberbullying and Sexting FBI — Cyberbullying and Sexting 50

51. West Virginia Department of Education – http://wvde.state.wv.us/policies/p4373-new.pdf http://wvde.state.wv.us/policies/p4373-new.pdf – http://wvde.state.wv.us/healthyschools/documents/1hourPoli cy4373OverviewPresentation3-2012.pptx http://wvde.state.wv.us/healthyschools/documents/1hourPoli cy4373OverviewPresentation3-2012.pptx – Bullying Prevention Bullying Prevention – http://wvde.state.wv.us/healthyschools/documents/BullyingR esources.doc http://wvde.state.wv.us/healthyschools/documents/BullyingR esources.doc – http://wvde.state.wv.us/healthyschools/documents/BestPract icesinBullyingPrevention.pdf http://wvde.state.wv.us/healthyschools/documents/BestPract icesinBullyingPrevention.pdf – http://links.govdelivery.com/track?type=click&enid=ZWFzPTE mbWFpbGluZ2lkPTIwMTIxMDA0LjEwOTgwODExJm1lc3NhZ2V pZD1NREItUFJELUJVTC0yMDEyMTAwNC4xMDk4MDgxMSZkYX RhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MTg4NTI0JmVtYWlsa WQ9cmh1bGxAYWNjZXNzLmsxMi53di51cyZ1c2VyaWQ9cmh1 bGxAYWNjZXNzLmsxMi53di51cyZmbD0mZXh0cmE9TXVsdGl2Y XJpYXRlSWQ9JiYm&&&103&&&http://www.ed.gov/blog/2012 /10/giving-teachers-tools-to-stop-bullying-free-training- toolkit-now-available/ – http://www.eyesonbullying.org/ http://www.eyesonbullying.org/ – https://msisac.cisecurity.org/cyber-pledge/ https://msisac.cisecurity.org/cyber-pledge/ – http://www.stopbullying.gov/ http://www.stopbullying.gov/ – http://www.safetyzone.org/publications.html http://www.safetyzone.org/publications.html – http://www.psa-links.org/ http://www.psa-links.org/ – http://kidshealth.org/parent/emotions/behavior/bullies.html http://kidshealth.org/parent/emotions/behavior/bullies.html – http://www.aacap.org/publications/factsfam/80.htm http://www.aacap.org/publications/factsfam/80.htm – http://www.naspcenter.org/factsheets/bullying_fs.html http://www.naspcenter.org/factsheets/bullying_fs.html – http://www.bam.gov/ http://www.bam.gov/ – http://kathynoll.com/ http://kathynoll.com/ 51

52. http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmb WFpbGluZ2lkPTIwMTIxMDA0LjEwOTgwODExJm1lc3NhZ2VpZD1NR EItUFJELUJVTC0yMDEyMTAwNC4xMDk4MDgxMSZkYXRhYmFzZWlk PTEwMDEmc2VyaWFsPTE3MTg4NTI0JmVtYWlsaWQ9cmh1bGxAY WNjZXNzLmsxMi53di51cyZ1c2VyaWQ9cmh1bGxAYWNjZXNzLmsx Mi53di51cyZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&1 03&&&http://www.ed.gov/blog/2012/10/giving-teachers-tools-to- stop-bullying-free-training-toolkit-now-available/ – http://www.eyesonbullying.org/ http://www.eyesonbullying.org/ – https://msisac.cisecurity.org/cyber-pledge/ https://msisac.cisecurity.org/cyber-pledge/ – http://www.stopbullying.gov/ http://www.stopbullying.gov/ – http://www.safetyzone.org/publications.html http://www.safetyzone.org/publications.html – http://www.psa-links.org/ http://www.psa-links.org/ – http://kidshealth.org/parent/emotions/behavior/bullies.html http://kidshealth.org/parent/emotions/behavior/bullies.html – http://www.aacap.org/publications/factsfam/80.htm http://www.aacap.org/publications/factsfam/80.htm – http://www.naspcenter.org/factsheets/bullying_fs.html http://www.naspcenter.org/factsheets/bullying_fs.html – http://www.bam.gov/ http://www.bam.gov/ – http://kathynoll.com/ http://kathynoll.com/ 52

53. U.S. Government Resources http://www2.ed.gov/policy/gen/guid/scho ol-discipline/index.html http://www2.ed.gov/policy/gen/guid/scho ol-discipline/index.html (Duncan Video and other Discipline resources) Department of Education and Justice Issue School Discipline to Promote Safe Schools http://www.justice.gov/crt/about/edu/doc uments/dclspan.pdfhttp://www.justice.gov/crt/about/edu/doc uments/dclspan.pdf (Spanish Version) Departments of Education and Justice Issue School Discipline Guidance to Promote Safe, Inclusive Schools

54. SAMHSA – Search Results: Bullying Search Results: Bullying Search Results: bullying prevention Helping Parents Talk to their Children about Bullying SAMHSA - SAMHSA News, September/October 2008, Volume 16, Number 5 Helping Parents Talk to their Children about Bullying SAMHSA - SAMHSA News, September/October 2008, Volume 16, Number 5 Media Guidelines for Bullying Prevention | SAMHSA Newsroom Media Guidelines for Bullying Prevention | SAMHSA Newsroom – Best Practices | StopBullying.gov Best Practices | StopBullying.gov – Additional on same site.

55. Video flickspire - Famous Failures A Must See for At-Risk, Struggling Students!

56. Teddy Motivating others. Believing in others. Make a difference flickspire - Make A Difference – Essence and power compassion has Mary@MakeADifference.com

57. The Magic Pebbles Make A Difference Story P. 15 Gifts by the Side of the Road - FlashBook of SELECTED Stories

58. Students They are our future, invest in them! 58

59. Questions or Suggestions Contact Information Shelly K. Stalnaker shestaln@access.k12.wv.us Coordinator, Safe Schools, Alternative Education, Character WVDE Office of Secondary Learn Building 6, Room 603 304-558-5325 59