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The Bullying Connection Federal – State - School District - Legal System Coalition for Safe Schools.

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Presentation on theme: "The Bullying Connection Federal – State - School District - Legal System Coalition for Safe Schools."— Presentation transcript:

1 The Bullying Connection Federal – State - School District - Legal System Coalition for Safe Schools

2 US Department of Education Office for Civil Rights (OCR) Statutes that OCR enforces includes; Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color, or national origin Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color, or national origin Title IX of the Education Amendments of 1972 which prohibits discrimination based on sex Title IX of the Education Amendments of 1972 which prohibits discrimination based on sex Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disability Act of 1990 prohibit discrimination on the basis of disability Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disability Act of 1990 prohibit discrimination on the basis of disability

3 Federal Regulations Federal Regulations School Districts may violate civil rights statutes and the US Department of Education’s Implementing regulations School Districts may violate civil rights statutes and the US Department of Education’s Implementing regulations when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees

4 New York State Dignity for all Students Act Effective Date- July 1,2012 Effective Date- July 1,2012 The purpose of this bill is to afford all students an environment free of any harassment including The purpose of this bill is to afford all students an environment free of any harassment including cyber-bullying that substantially interferes with their education, regardless of the basis of the harassment, and free of discrimination based on actual or perceived race, color, national origin, disability, race, ethnic group, religion, weight, sexual orientation, or gender. cyber-bullying that substantially interferes with their education, regardless of the basis of the harassment, and free of discrimination based on actual or perceived race, color, national origin, disability, race, ethnic group, religion, weight, sexual orientation, or gender.

5 NYS Harassment Definition “Dignity for All” Section 11 “Creation of a hostile environment by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a students educational performance, opportunities or benefits, or mental, emotional, or physical well being.” “Creation of a hostile environment by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a students educational performance, opportunities or benefits, or mental, emotional, or physical well being.” Includes: conduct, verbal or written threats through internet service such as email, chat room, discussion group, instant messaging, or social networking sites, either on or off school property.

6 Legal System Bullying is not a term used by the legal system. Bullying is not a term used by the legal system. Bullying behavior is addressed by the legal system through existing terminology of criminal activity including: harassment, assault, etc. Bullying behavior is addressed by the legal system through existing terminology of criminal activity including: harassment, assault, etc.

7 Schools are the Missing Link Federal Discrimination Laws New York State Dignity For All Students Act School Districts Definition/Policy/Procedures/Training/Education/Intervention Justice System Intervention/Investigation/Prosecution

8 How Schools Can Close the Gap Create a uniform definition of bullying and cyber bullying. Create a uniform definition of bullying and cyber bullying. Create policies and guidelines intended to create a school environment that is free from discrimination and harassment. Create policies and guidelines intended to create a school environment that is free from discrimination and harassment. Include Antibullying policy in student/staff handbooks. Include Antibullying policy in student/staff handbooks. School districts will need to provide guidelines to be used in school training programs to discourage the development of discrimination or harassment and that are designed to raise the awareness and sensitivity of school employees to potential discrimination or harassment, and to enable employees to prevent and respond to discrimination or harassment. School districts will need to provide guidelines to be used in school training programs to discourage the development of discrimination or harassment and that are designed to raise the awareness and sensitivity of school employees to potential discrimination or harassment, and to enable employees to prevent and respond to discrimination or harassment. School districts will need to provide guidelines relating to the development of nondiscriminatory instructional and counseling methods and train at least one staff member at every school be to handle human relations. School districts will need to provide guidelines relating to the development of nondiscriminatory instructional and counseling methods and train at least one staff member at every school be to handle human relations.

9 Bullying Definition Federal Interagency Bullying is a form of youth violence, aggressive behavior that is intentional and that involves an imbalance of power or strength. Although definitions of bullying vary, most agree that bullying usually includes: Bullying is a form of youth violence, aggressive behavior that is intentional and that involves an imbalance of power or strength. Although definitions of bullying vary, most agree that bullying usually includes: attack or intimidation with the intention to cause fear, distress, or harm that is either: attack or intimidation with the intention to cause fear, distress, or harm that is either: –physical (e.g., hitting, punching), –verbal (e.g., name-calling, teasing), or –psychological/relational (e.g., rumors, social exclusion); a real or perceived imbalance of power between the bully and victim; a real or perceived imbalance of power between the bully and victim; repeated attacks or intimidation between the same children over time. repeated attacks or intimidation between the same children over time. Resource Web Site http://www.bullyinginfo.org Resource Web Site http://www.bullyinginfo.org

10 Olweus Bullying Definition Bullying - A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself.” Bullying - A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself.” Cyber bullying – is bullying through email, instant messaging, in a chat room, on a Web site, or through digital messages or images sent to a cellular phone or personal electronic device. Cyber bullying, like traditional bullying, involves a negative action that is repeated and involves an imbalance of power. Cyber bullying – is bullying through email, instant messaging, in a chat room, on a Web site, or through digital messages or images sent to a cellular phone or personal electronic device. Cyber bullying, like traditional bullying, involves a negative action that is repeated and involves an imbalance of power.

11 Types of Bullying 1. Verbal bullying 2. Bullying through social exclusion or isolation 3. Physical bullying 4. Bullying through lies and false rumors 5. Having money or other things taken or damaged 6. Being threatened or forced to do things 7. Racial bullying 8. Sexual bullying 9. Cyber bullying 1. Verbal bullying 2. Bullying through social exclusion or isolation 3. Physical bullying 4. Bullying through lies and false rumors 5. Having money or other things taken or damaged 6. Being threatened or forced to do things 7. Racial bullying 8. Sexual bullying 9. Cyber bullying

12 Anti-Bullying Policy Component Sample The School Board of Broward County approved the first school district Anti-Bullying Policy in Florida. The policy, which was adopted on July 22,2008 and was designed by the District’s Office of Prevention Programs and Student Support Services, under the Safe Schools Healthy Students Grant initiative. The School Board of Broward County approved the first school district Anti-Bullying Policy in Florida. The policy, which was adopted on July 22,2008 and was designed by the District’s Office of Prevention Programs and Student Support Services, under the Safe Schools Healthy Students Grant initiative. The Florida Department of Education utilized the new policy as a model for the state’s other 66 school districts. The Florida Department of Education utilized the new policy as a model for the state’s other 66 school districts. http://www.browardschools.com/schools/bullying.htm http://www.browardschools.com/schools/bullying.htm

13 Components of An Antibullying Policy Definitions Definitions Expectations Expectations Stakeholder responsibilities Stakeholder responsibilities Training for students and school community Training for students and school community Disciplinary consequences Disciplinary consequences Reporting an act of bullying Reporting an act of bullying Bullying complaints and Resolution Bullying complaints and Resolution Investigation requirements Investigation requirements Referral for intervention Referral for intervention Incident reporting requirements Incident reporting requirements Process for referral for external investigation Process for referral for external investigation Appeals process Appeals process Confidentiality Confidentiality Prohibition of retaliation Prohibition of retaliation Additional referral Additional referral

14 Breakout Groups Group I- Definitions, Expectations, Stakeholder responsibilities, Training for students and the school community Group I- Definitions, Expectations, Stakeholder responsibilities, Training for students and the school community Group II - Disciplinary consequences, Reporting an act of bullying, Bullying complaints and Resolution, Investigation requirements, Referral for intervention Group II - Disciplinary consequences, Reporting an act of bullying, Bullying complaints and Resolution, Investigation requirements, Referral for intervention Group III- Incident reporting requirements, Process for referral for external investigation, Appeals process, Confidentiality, Prohibition of retaliation, Additional referral Group III- Incident reporting requirements, Process for referral for external investigation, Appeals process, Confidentiality, Prohibition of retaliation, Additional referral

15 Antibullying Policy Timeline


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