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Declaration of Independence (1776) “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with.

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Presentation on theme: "Declaration of Independence (1776) “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with."— Presentation transcript:

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2 Declaration of Independence (1776) “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” U.S. Constitution (1787) Mostly lays out structure of new government. Original Constitution does not mention equality Bill of Rights (1791) First ten amendments to Constitution Does not mention equality “EQUALITY” THROUGH AMERICAN HISTORY

3 Court ruled 7-2 that all blacks – whether slaves or free -- were not and could not become citizens of the United States: “It would give to persons of the negro race...the right to enter every other State whenever they pleased...to sojourn there as long as they pleased, to go where they pleased…to hold public meetings upon political affairs, and to keep and carry arms wherever they went.” Court reached its conclusion on the grounds that blacks were not recognized as U.S. citizens when the Constitution was ratified. DRED SCOTT DECISION (1857)

4 Gettysburg Address (1863): “Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal.” Reconstruction Amendments : A series of post-Civil War amendments that address, among other things, inequality of race: 13 th Amendment (1865): Bans slavery 14 th Amendment (1868): Guarantees citizenship, due process, and equal protection of the laws 15 th Amendment (1870): Right to vote for all races CIVIL WAR (1861 – 1865)

5 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14 th A MENDMENT

6 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14 th A MENDMENT

7 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14 th A MENDMENT

8 Plessy v. Ferguson (1896) – Supreme Court upholds racial segregation under the doctrine of “separate but equal.” 19 th Amendment (1920) – Women finally given the right to vote. Brown v. Board of Education (1954) – Supreme Court rules that segregation of schools is unconstitutional. “Separate educational facilities are inherently unequal.” Civil Rights Act of 1964 – One of the most far-reaching pieces of civil rights legislation in history. Outlawed discrimination in hotels, restaurants, theaters, as well as other places of public accommodation. Voting Rights Act of 1965 – Prohibited discriminatory voting practices that had led to disenfranchisement of African-Americans. Landmark Cases and Legislation

9 Protects against discrimination in: Employment Housing Access to public accommodations Extension of credit Education Specific “protected classes”: Race, color, ancestry, national origin Religion Sex Physical or mental disability Age or familial status Sexual orientation Laws Can Change!! Non-discrimination law passed by Maine voters in 2005 added sexual orientation to this list. Maine Human Rights Act (1971)

10 Title IX makes it illegal for public schools to discriminate in the areas of: - Curriculum - - Extracurricular activities - - Counseling and guidance - - Financial aid - - Other student services – Title IX (1972) “No person living in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

11 -Passed overwhelmingly by the Maine Legislature last year and signed into law by Governor Paul LePage in May Requires every public school in Maine to have a specific policy against bullying – and cyberbullying. -Requires schools to investigate incidents of bullying and keep records. MAINE’S NEW ANTI-BULLYING BILL

12 Findings. All students have the right to attend public schools that are safe, secure and peaceful environments. The Legislature finds that bullying and cyberbullying have a negative effect on the school environment and student learning and well-being. These behaviors must be addressed to ensure student safety and an inclusive learning environment. Bullying may be motivated by a student's actual or perceived race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other distinguishing personal characteristics or may be based on association with another person identified with such a characteristic.

13 Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. "Bullying" includes, but is not limited to, a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that: 1.) Has, or a reasonable person would expect it to have, the effect of: (a) Physically harming a student or damaging a student's property; or (b) Placing a student in reasonable fear of physical harm or damage to the student's property; 2.) Interferes with the rights of a student by: (a) Creating an intimidating or hostile educational environment for the student; (b) Interfering with the student's academic performance or ability to participate in or benefit from the services, activities or privileges provided by a school; 3.) Is based on a student's actual or perceived characteristics identified in the Maine Human Rights Act, or is based on a student's association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics and that has the effect described in the previous two paragraphs.

14 "Alternative discipline" means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student's specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student's misbehavior. "Alternative discipline" includes, but is not limited to: 1. Meeting with the student and the student’s parents; 2. Reflective activities, such as requiring the student to write an essay about the student's misbehavior; 3. Mediation when there is mutual conflict between peers, rather than one-way negative behavior, and when both parties freely choose to meet; 4. Counseling; 5. Anger management; 6. Health counseling or intervention; 7. Mental health counseling; 8. Participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution circles and restorative conferencing; 9. Community service; and 10. In-school detention or suspension, which may take place during lunchtime, after school or on weekends.

15 Scope. This section applies to bullying that: A.Takes place at school or on school grounds, at any school-sponsored or school-related activity or event or while students are being transported to or from school or school- sponsored activities or events; or B.Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the rights of the student at school as set forth in previous section.

16 "Bullying” includes, but is not limited to, a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that: 1.) Has, or a reasonable person would expect it to have, the effect of: Physically harming a student or damaging a student's property; or Placing a student in reasonable fear of physical harm or damage to the student's property; 2.)Interferes with the rights of a student by: Creating an intimidating or hostile educational environment for the student; or Interfering with the student's academic performance or ability to participate in or benefit from the services, activities or privileges provided by a school; 3.) Is based on a student's actual or perceived characteristics, or is based on a student's association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics and that has the effect described in subparagraphs (1) and (2). “Definitions” (Actual text from the bill)

17 “Key Findings” (Actual text from the bill) All students have the right to attend public schools that are safe, secure and peaceful environments. Bullying may be motivated by a student's actual or perceived race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other distinguishing personal characteristics or may be based on association with another person identified with such a characteristic.

18 The “DEFINITION”: Cyberbullying means bullying through the use of technology or any electronic communication, including, but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device, including, but not limited to, a computer, telephone, cellular telephone, text messaging device and personal digital assistant. "Bullying" Includes Cyberbullying!! And remember… Cell phone companies have a record of every text message you’ve ever sent – as well as the exact location from which you sent it. Facebook has a record of every message you’ve ever sent and every comment you’ve ever made – even the ones you’ve deleted.

19 Examples of Bullying (from model policy): » Repeated or pervasive taunting, name-calling, belittling, mocking, put-downs, or demeaning humor; » Behavior that is intended to harm someone by damaging or manipulating his or her relationships with others, including but not limited to gossip, spreading rumors, and social exclusion; » Non-verbal threats and/or intimidations such as use of aggressive, menacing, or disrespectful gestures; » Threats of harm to a student, to his/her possessions, or to other individuals, whether transmitted verbally or in writing; » Blackmail, extortion, demands for protection money, or involuntary loans or donations; » Blocking access to school property or facilities; » Stealing or hiding books, backpacks, or other possessions; » Stalking; and » Physical contact or injury to another person or his/her property.

20 Examples of cyberbullying (from model policy)  Posting slurs or rumors or displaying any defamatory, inaccurate, disparaging, violent, abusive, profane, or sexually oriented material about a student on a website or other online application;  Posting misleading or fake photographs or digital video footage of a student on websites or creating fake websites or social networking profiles in the guise of posing as the target;  Impersonating or representing another student through use of that other student’s electronic device or account to send e- mail, text messages, instant messages (IM), or phone calls;  Sending , text messages, IM, or leaving voice mail messages that are mean or threatening, or so numerous as to bombard the target’s account, IM account, or cell phone; and  Using a camera phone or digital video camera to take and/or send embarrassing or “sexting” photographs of other students.

21 Reporting (from model policy)  School staff, coaches and advisors for extracurricular activities are required to report incidents of bullying to the school principal or other school personnel.  Bullying or suspected bullying is reportable in person or in writing (including anonymously) to school personnel.  Students who have been bullied or are aware of incidents of bullying are strongly encouraged to report this behavior to a staff member or school administrator.  Parents and other adults who are aware of incidents of bullying are encouraged to report this behavior to a staff member or school administrator. Acts of reprisal or retaliation against any person who reports an incident of bullying are prohibited. Any student who is determined to have falsely accused another of bullying shall be subject to disciplinary consequences.


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