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1 Kentucky Department of Education Kentucky’s Current Response Kentucky Youth Bullying Prevention Task Force December 10, 2014.

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Presentation on theme: "1 Kentucky Department of Education Kentucky’s Current Response Kentucky Youth Bullying Prevention Task Force December 10, 2014."— Presentation transcript:

1 1 Kentucky Department of Education Kentucky’s Current Response Kentucky Youth Bullying Prevention Task Force December 10, 2014

2 2 Overview Today’s presentation will have three parts: Recommendations from the United States Department of Education A review of the latest research A review of Kentucky’s present response to youth bullying

3 3 Recommendations from the United States Department of Education Multi-tiered Behavioral Framework Teach appropriate behaviors and how to respond Provide active adult supervision Train and provide ongoing support for staff and students Develop and implement clear policies to address bullying Monitor and track bullying behaviors Notify parents when bullying occurs

4 4 Recommendations from the United States Department of Education Multi-Tiered Behavioral Framework Evidence-based instructional and intervention strategies for preventing and addressing bullying of students, including students with disabilities, are most effective when used as part of a comprehensive multi-tiered behavioral framework that engages the whole school community, and establishes and maintains positive, safe, and nurturing school environments conducive to learning for all students

5 5 Recommendations from the United States Department of Education Teach appropriate behaviors and how to respond Preventing bullying begins by actively and formally teaching all students and all school personnel: (1) what behaviors are expected at school and during school activities; (2) what bullying looks like; and (3) how to appropriately respond to any bullying that does occur

6 6 Recommendations from the United States Department of Education Provide active adult supervision Adults play an important role in actively supervising and intervening early to correct behavior problems, especially in common areas (e.g., hallways, cafeteria, playgrounds, and extracurricular events).

7 7 Recommendations from the United States Department of Education Train and provide ongoing support for staff and students Training, ongoing professional development, and support, including coaching, to all personnel on the use of effective evidence-based strategies for responding to inappropriate behavior, including bullying, as well as evidence-based instruction and classroom management practices, are important tools to ensure that school staff are equipped to effectively address bullying.

8 8 Recommendations from the United States Department of Education Develop and implement clear policies to address bullying Encourage schools to develop clear policies and procedures, consistent with Federal, State, and local laws, to prevent and appropriately address bullying of students, including students with disabilities

9 9 Recommendations from the United States Department of Education Monitor and track bullying behaviors Collecting and analyzing data on bullying behaviors can provide a clearer picture of what is happening in school and school activities, guide planning of prevention, instruction, and intervention efforts, and inform decision making on the effectiveness of current policies and practices over time

10 10 Recommendations from the United States Department of Education Notify parents when bullying occurs Parents or guardians should be promptly notified of any report of bullying that directly relates to their child in accordance with Federal, State, and local law, policies, and procedures. Clear and accurate communication is needed to inform the parents or guardians of both the student who was the target of bullying behavior and the student who engaged in the bullying behavior

11 11 Recommendations: Overlap Clear areas of overlap between the recommendations of USED and CDC include: Creating policies, Monitoring and tracking behavior, Training staff and students.

12 12 Latest Research International Bullying Prevention Association Eleventh Annual Conference: Building Supportive Relationships to Create a Positive School Climate. November 2014

13 13 Latest Research All conflict is not bullying Credibility increases when adults acknowledge that conflict will occur A definition of bullying avoids “crying bully” A failure to define bullying results in too many “false positives” A definition that is too broad may cause school staff to disengage

14 14 Latest Research Conflict between media reports of bullying and reality Bullying epidemic?-rates are unchanged Suicide is linked to bullying?-bullying is only one of many predictors Bullying definitions serve different purposes: School policy, law, research Bullying prevention efforts in high school may worsen the problem, and have poor results in middle school It is possible to get a 25-30% reduction, over a period of years, if intervention is implemented with fidelity and not abandoned

15 15 Latest Research More than 80% of youth who use the internet are not cyberbullied 75% of youth who are cyberbullied and harassed are not upset by it Six peer-reviewed meta-analytic studies showed no impact on bullying behavior Peer mediation is contra-indicated Youth-led intervention is problematic, but youth participation is important Conflict between media reports of bullying and reality

16 16 Latest Research Second Step Middle School Program: minute lessons in 5 th grade, 13 in 6 th and 7 th grades, plus homework Multi-tiered Substance abuse component Decreased fighting, decreased sexual harassment, decreased delinquency No direct effect on bullying, but a positive indirect effect

17 17 Latest Research An improved school climate is associated with decreased school violence The school climate is the context for learning, teaching, and performance A positive school climate is safe, with ample engagement and educator modeling Ignored aggression poisons the school climate School climate includes the personal, academic, and social connections between staff and students Bullying is the result of contextual and individual factors

18 18 Latest Research Institutional culture establishes how individuals should act in a given context Institutional culture creates, or does not create, conditions for bullying What are the material conditions in the community that the student leaves to come to school?

19 19 Kentucky’s present response to youth bullying Most instances of bullying are not directly reached through HB 91 (2008)/KRS Bullying is not explicitly identified, defined, or otherwise addressed However, there is, and has been, a substantial legislative, regulatory, and school community response to bullying issues

20 20 Kentucky’s present response to youth bullying Kentucky has at least sixteen statutes that are implicated by youth bullying In considering issues regarding youth bullying, it is appropriate and reasonable to consider that friction is a fact of life that cannot be overcome through legislation or other action It is impossible to engineer the risk of bullying to zero

21 21 Kentucky statutes implicated by youth bullying KRS Student discipline guidelines and model policy -- Local code of acceptable behavior and discipline -- Required contents of code KRS Suspension or expulsion of pupils KRS Districtwide standards of behavior for students participating in extracurricular activities KRS Principal's duty to report certain acts to local law enforcement agency KRS Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct --Immunity

22 22 Kentucky statutes implicated by youth bullying KRS Reporting of commission of felony KRS Chapter 508 offense against a student--Investigation--Immunity from liability for reporting--Privileges no bar to reporting KRS Legislative findings on school safety and order KRS Definitions for chapter [158] KRS Administrative regulations relating to school safety--Role of Department of Education to maintain statewide data collection system--Reportable incidents-- Annual statistical reports—Confidentiality

23 23 Kentucky statutes implicated by youth bullying KRS Local Assessment of school safety and school discipline KRS Annual report of disruptive behavior [and] school incidents resulting in a complaint

24 24 Kentucky statutes implicated by youth bullying KRS Supervision of pupils' conduct KRS Harassment KRS Harassing communications KRS Duty to report dependency, neglect, abuse, or human trafficking--Husband-wife and professional- client/patient privileges not grounds for refusal to report-- Exceptions--Penalties. KRS Minimum school term or school term -- Professional development--Suicide prevention

25 25 KRS Student discipline guidelines In cooperation with specified groups, including members of the Interim Joint Committee on Education, and in collaboration with the Center for School Safety, KDE must develop or update and distribute to all districts: – statewide student discipline guidelines to ensure safe schools – recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement – and a model policy to implement these provisions.

26 26 KRS Student discipline guidelines KDE, collaborating with KCSS, must identify successful discipline strategies and incorporate those strategies into the statewide guidelines The statewide guidelines must contain broad principles to guide districts Districts develop their own discipline codes School councils select discipline and classroom management techniques The district discipline code must be updated at least every two years The superintendent is responsible for overall implementation

27 27 KRS Student discipline guidelines The code must contain: the type of behavior expected from each student the consequences of failure to obey the standards the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged Every parent, custodian of a student, and school employee must receive a copy of the code. The code must be posted in every school.

28 28 KRS Student discipline guidelines The code must contain: Procedures for identifying, documenting, and reporting violations and felony incidents [for which reporting is required under KRS ] Procedures for investigating and responding to a complaint or a report of a violation of the code or of a felony incident Procedures for reporting incidents to the parents A strategy or method of protecting a complainant or person reporting a violation of the code or a felony incident from retaliation A process for informing students, parents, and school employees of the requirements of the code and the applicable provisions of the law Information regarding the consequences of violating the code and violations reportable under KRS , , or

29 29 KRS Suspension or expulsion of pupils Establishes cause for suspension or expulsion: Assault, battery or abuse of other students The threat of force or violence Stealing or destruction or defacing the personal property of students Other incorrigible bad conduct On school property, as well as off school property at school-sponsored activities

30 30 KRS Suspension or expulsion of pupils Local board policies must require expulsion, for at least one year, of a student who has brought a weapon to school Local board policies must require discipline, up to and including expulsion, of students who have physically assaulted or battered other students at school or at a school function School personnel may immediately remove, from the classroom and from transportation, students who are violent or threatening

31 31 KRS Districtwide standards of behavior for students participating in extracurricular activities A school principal may deny or terminate a student’s eligibility to participate in extracurricular or cocurricular activities if the student has violated the local district behavior standards, if the district has established such standards.

32 32 KRS Principal’s duty to report certain acts to local law enforcement agency A school principal must immediately report a reasonable belief that, on school property or at a school-sponsored function, an act has occurred involving serious physical injury, sexual assault, assault involving the use of a weapon or possession of a firearm in violation of the law.

33 33 KRS Reporting of specified incidents Any employee of a public or private school must promptly make a report to law enforcement if that person knows or has reasonable cause to believe that any felony has occurred on the school premises, within 1000 feet of school premises, on a school bus, at a school sponsored event, or at a school sanctioned event This reporting requirement also applies to misdemeanors or violations regarding the carrying, possession, or use of a deadly weapon The reporting requirement is not limited to student behavior

34 34 KRS Reporting of felony Any employee who knows or has reasonable cause to believe that a student has been the victim of any felony [under KRS Chapter 508] that has been committed by another student while on school premises, on school sponsored transportation, or at a school sponsored event must make an immediate report to the principal of the victim’s school

35 35 KRS Reporting of felony After receiving the report of any employee, the principal must notify the parents of students involved in the incident Then, the principal must file, with the local school board and with law enforcement, a written report that provides details about the involved students and the incident KRS permits, but does not require, the reporting of other incidents

36 36 KRS Legislative findings Every student should have access to a safe, secure, and orderly school that is conducive to learning All schools and districts must have plans, policies, and procedures designed to assist students who are at risk of academic failure or of engaging in disorderly or disruptive conduct State and local resources are necessary to these efforts

37 37 KRS Definitions Intervention services include those preventive, developmental, corrective, or supportive services or treatment provided to a student who is at risk of participation in violent behavior or juvenile crime Services may include, but are not limited to, screening to identify students at risk for emotional disabilities and antisocial behavior and direct instruction in academic, social, problem solving, and conflict resolution skills

38 38 KRS Data collection In addition to reports made to law enforcement, parents, and others, school district must report to KDE, by sex, race, and grade level: all incidents of violence and assault against students, all incidents of possession of guns or other deadly weapons on school property or at school functions, all incidents in which a student has been disciplined by the school for a serious incident, and the number of suspensions, expulsions, and corporal punishments Data regarding incidents of violence and assault against students, possession of guns or other deadly weapons on school property or at school functions, and incidents in which a student has been disciplined by the school for a serious incident are also placed in the student’s disciplinary record

39 39 KRS Local assessment of school safety and school discipline Each board of education shall adopt a plan for immediate and long-term strategies to address school safety and discipline. The development of the plan shall involve at least one (1) representative from each school in the district as well as representatives from the community as a whole, including representatives from the local juvenile delinquency prevention council if a council exists in that community. The process of planning shall be determined locally depending to a large extent on the size and characteristics of the district

40 40 KRS Annual report of disruptive behavior school incidents resulting in a complaint Each local school shall annually provide to KDE an assessment of school incidents relating to disruptive behaviors resulting in a complaint, including whether: (1) The incident involved a public offense or noncriminal misconduct; (2) The incident was reported to law enforcement or the court-designated worker and the charge or type of noncriminal misconduct that was the basis of the referral or report; and (3) The report was initiated by a school resource officer

41 41 KRS Supervision of pupils’ conduct Each teacher and administrator in the public schools must hold pupils to strict account for their conduct: On school premises On the way to and from school On school sponsored trips During school sponsored activities

42 42 KRS Harassment (1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another person, he or she: (a) Strikes, shoves, kicks, or otherwise subjects him to physical contact; (b) Attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact; (c) In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present; (d) Follows a person in or about a public place or places; (e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose

43 43 KRS Harassment A person is also guilty of harassment when with intent to intimidate, harass, annoy, or alarm another person, he or she: (f) Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event: 1. Damages or commits a theft of the property of another student; 2. Substantially disrupts the operation of the school; or 3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.

44 44 KRS Harassing communications (1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she: (a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; (b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or (c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.

45 45 KRS Duty to report dependency, abuse, or neglect Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Department of Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation.

46 46 KRS Minimum school term or school term -- Professional development -- Suicide prevention In addition to [other professional development], a minimum of two (2) hours of self-study review of suicide prevention materials shall be required for all high school and middle school principals, guidance counselors, and teachers each school year.

47 47 Challenges with legislative solution to youth bullying The review of present Kentucky laws suggests that Kentucky has made an extensive and comprehensive legislative response to student misbehavior, including youth bullying, and has couched the issue in terms of the needs of every student to have access to a safe, secure, and orderly school that is conducive to learning All schools and districts have plans, policies, and procedures designed to assist students who are at risk of academic failure or of engaging in disorderly or disruptive conduct

48 48 Challenges with legislative solution to youth bullying Legislation specifically designed to address youth bullying has a laudable purpose, but bullying is a somewhat amorphous concept. To avoid being unconstitutionally overbroad, such legislation must be carefully and narrowly drawn. Because Kentucky has already criminalized, through the harassment and harassing communication statutes, many youth bullying behaviors, it may prove difficult to further address the issue through legislation. Also, a variety of legal theories, all available under present law, have resulted in financial recoveries for students who have been the victims of severe mistreatment (repeated death threats, sexual assault, stabbing, sexual groping, hit with thrown objects)

49 49 Youth bullying: Kentucky’s successes Kentucky Teacher recently published an article highlighting the work of the Madisonville North Hopkins High School, which is in its fourth year of Positive Behavior Interventions and Supports (PBIS) Madisonville North Hopkins is one of over 400 schools across the state to implement PBIS PBIS is a framework that allows teachers and administrators to take a proactive approach to discipline The goal is to eliminate behavioral problems that impede teaching and learning Students are taught behavioral expectations, and schools use data to track problem behaviors, including where and when they happen Did it work?

50 50 Youth bullying: Kentucky’s successes A year after PBIS was started at North Hopkins High School, suspensions decreased by 63% A year later, suspensions were down an additional 34%

51 51 Youth bullying: Kentucky’s successes With the implementation of 704 KAR 7:160, in 2013, KDE required all school personnel to have annual training on increasing appropriate behaviors, responding to dangerous behaviors, relationship building, and de-escalation KDE, with other partners, developed free online training that was viewed more than 58,000 times in In 2014, more than 39,000 people have viewed a new online course on promoting positive behavior in schools KDE hopes that awareness of the success of Madisonville North Hopkins, and other schools, will bolster interest in the positive school climates that help to reduce youth bullying

52 52 KRS Student discipline guidelines Student discipline guidelines are presently developed in cooperation with: the Kentucky Education Association, the Kentucky School Boards Association, the Kentucky Association of School Administrators, the Kentucky Association of Professional Educators, the Kentucky Association of School Superintendents, the Parent-Teachers Association, the Kentucky Chamber of Commerce, the Farm Bureau, members of the Interim Joint Committee on Education, and other interested groups, and in collaboration with the Center for School Safety.

53 53 KRS Student discipline guidelines The guidelines include recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement and a model policy to implement these provisions.

54 54 KRS Student discipline guidelines KDE, collaborating with KCSS, must identify successful discipline strategies and incorporate those strategies into the statewide guidelines The statewide guidelines must contain broad principles to guide districts Districts develop their own discipline codes School councils select discipline and classroom management techniques The district discipline code must be updated at least every two years The superintendent is responsible for overall implementation

55 55 KRS Student discipline guidelines The code must contain: the type of behavior expected from each student the consequences of failure to obey the standards the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged Every parent, custodian of a student, and school employee must receive a copy of the code. The code must be posted in every school.

56 56 KRS Student discipline guidelines The code must contain: Procedures for identifying, documenting, and reporting violations and felony incidents [for which reporting is required under KRS ] Procedures for investigating and responding to a complaint or a report of a violation of the code or of a felony incident Procedures for reporting incidents to the parents A strategy or method of protecting a complainant or person reporting a violation of the code or a felony incident from retaliation A process for informing students, parents, and school employees of the requirements of the code and the applicable provisions of the law Information regarding the consequences of violating the code and violations reportable under KRS , , or

57 57 Next Steps? KRS appears to provide an existing vehicle by which youth bullying issues may continue to be studied and addressed through a statutorily prescribed partnership process Revision of the student discipline guidelines is necessitated by SB 200 (2014)

58 58 Questions? Kentucky Department of Education, Office of Next Generation Schools and Districts, Division of Student Success Kentucky Department of Education, Office of Next Generation Schools and Districts, Division of Student Success (502) (502)

59 59 Sources Rosalind Wiseman, Address at the International Bullying Prevention Annual Conference (November 17, 2014). Research Panel, Address at the International Bullying Prevention Annual Conference (November 17, 2014). Dr. Dorothy Espelage, Address at the International Bullying Prevention Annual Conference (November 17, 2014). Dr. Lucy Vezzuto, Address at the International Bullying Prevention Annual Conference (November 18, 2014). Dr. Jeff Duncan-Andrade, Address at the International Bullying Prevention Annual Conference (November 18, 2014).


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