Jan tomsky

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Bullying: From Policy to Practice

ACSA 2014 Every Child Counts Symposium

Jan E. TomskyJanuary 17, 2014

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What We’ll Cover Today

Legal Definition of Bullying Truths about Bullying Anti-Bullying Policies: Required

Components Investigation Bullying Prevention Tips

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What’s At Stake

Devastating, if not tragic, consequences for students

District liability

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Bullying: Legal Definition AB 1156:

Amended the definition of “bullying” in Education Code section 48900(r) and gives it the same meaning in the Interagency School Safety Demonstration Act of 1985 (Education Code section 32261):

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Bullying: Legal Definition (cont’d) "Bullying" means:

Any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils;

Directed toward one or more pupils; That has or can be reasonably predicted

to have the effect of one or more of the following:

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Bullying: Legal Definition (cont’d) Placing a reasonable pupil or pupils in fear of harm

to his/her/their person or property

Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.

Causing a reasonable pupil to experience substantial interference with his or her academic performance.

Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.

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“Bullying” – Legal Definition Ed. Code§48900(r)

What is a “reasonable pupil”?One who exercises average care, skill and

judgment in conduct for a person of his or her age, or for a person with his or her exceptional needs

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Bullying: Legal Definition (cont’d) "Electronic act" means the transmission of a

communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager.

AB 256 (effective January 1, 2014): Transmission can originate either on or off the

school site

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“Electronic Act”

“Posting on a social network site” includes:Posting to or creating a burn page

(Internet Web site created for the purpose of bullying)

Creating a credible impersonation of another student

Creating a false profile

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Bullying: Legal Definition (cont’d)Bullying may include: Sexual harassment (Ed. Code § 48900.2); Hate violence (Ed. Code § 48900.3); and Harassment, threats and intimidation that

can be reasonably expected to materially disrupt classwork, create substantial disorder, and invade the rights of personnel or pupils by creating a hostile educational environment (Ed. Code § 48900.4.)

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Truths About Bullying

Bullying is about power Bullies choose targets with little social

support Many bullies are happy and self-confident;

many bullies are popular. The “cost” of bullying behavior for the bully

is an important part of the process of change.

When targets of bullying are excluded by peers, the bystanders add to the hurt

(Schools Where Everyone Belongs, Stan Davis.)

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Truths About Bullying (cont’d)

Staff inconsistency in enforcing rules makes rules harder to enforce, even by people who believe in them.

If rules are difficult to enforce, there will be inconsistency.

Vague rules will not be enforced. Inconsistency teaches bullies that their

behavior is OK. It teaches targets that they deserve to be bullied.


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Truths About Bullying (cont’d)

Training is unlikely to work except as part of a schoolwide program.


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AB 9 Requirements Requires schools to adopt a process for

receiving and investigating complaints Policy must prohibit discrimination,

harassment, intimidation, and bullying based on actual or perceived characteristics

Timeline to investigate and resolve complaints

Appeal process for complaints

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AB 9 Requirements Publicize anti-bullying policies, including

providing information about how to file a complaint

Post policy in schools and offices Maintain documentation of complaints Ensure that complainants

are protected fromretaliation

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AB 9 Requirements

School district anti-bullying policies must include a requirement that, if school personnel witness an act of discrimination, harassment, intimidation or bullying, they take immediate steps to intervene when safe to do so.

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AB 1156 Requirements

Requires that a student who has been a victim of bullying by another student in his/her district of residence to be given priority for inter-district transfers at the request of parent or guardian

Recommends that school districts conduct in-services as a means to promote cyber safety among students

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Implementation of Requirements

Step 1: Establish a Reporting ProcessAccept reports in a variety of mediums,

i.e. written form, telephone, e-mail, text, in-person

Advertise availability of reporting resources

Advertise that reports are accepted from victims and witnesses

Permit reporting to be conducted anonymously

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Implementation of Requirements Step 2, 3, and 4: Investigation,

Recommendation, and Follow-Up

HANDOUT

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Implementation of Requirements Training: Law encourages in-services

on bullying prevention. Staff should be educated on: Updated policies and proceduresSexual orientation as basis for bullyingNew definition of bullyingReporting and investigation processRequirement to intervene

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Bullying Prevention Tips

Imbed a campaign to promote citizenship throughout the school community in back-to-school and school safety materials

Evaluate and update all applicable school policies to include responsible use of new technology

Implement a mechanism for the school community to anonymously report bullying

Parent involvement and education

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Bullying Prevention Tips (cont’d) Establish District-wide or school-wide

expectations Implement consistent and escalating

consequences Create individualized intervention

plans Respond immediately to reports of

bullying

(Building a Caring School, Celeste Campbell, Ed.D)

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Bullying Prevention Program

Structured opportunities for aggressive youth to reflect on and learn from their behavior

Support for targets and for young people who need friends

Classroom instruction in emotional literacy, problem solving and crisis resolution

Bystander training and empowerment

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Thank you for attending!And thank you for all you do for

students!!

Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information

may apply to your specific facts and circumstances.

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Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .

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Jan tomsky

Education

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