BULLYING. THRESHOLD PROBLEM RELUCTANCE TO REPORT BY VICTIMS AND WITNESSES.

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Presentation transcript:

BULLYING

THRESHOLD PROBLEM RELUCTANCE TO REPORT BY VICTIMS AND WITNESSES

REASONS WHY THEY DON’T REPORT: Fear of retaliation Fear of retaliation  Fear of not being believed  Feeling shame  Wanting to protect parents from worry  Thinking worse to be thought of as a snitch  Thinking a teacher’s advice would make the problem worse  No confidence that anything would help

PUBLIC ACT An Act Concerning the Strengthening of School Bullying Law

PUBLIC ACT Changes the definition of bullying Changes the definition of bullying Expands upon the conduct that constitutes bullying Expands upon the conduct that constitutes bullying Expands upon where bullying can occur Expands upon where bullying can occur Includes “Cyberbullying” in definition of bullying Includes “Cyberbullying” in definition of bullying Adds numerous requirements for school districts Adds numerous requirements for school districts

NEW DEFINITION FOR TERM BULLYING Bullying is defined as … Bullying is defined as … The repeated use by one or more students of written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district, or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district that: The repeated use by one or more students of written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district, or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district that:

a) Causes physical or emotional harm to such student or damage a) Causes physical or emotional harm to such student or damage to such student's property, to such student's property, b) Places such student in reasonable fear of harm to himself or b) Places such student in reasonable fear of harm to himself or herself, or of damage to his or her property, herself, or of damage to his or her property, c) Creates a hostile environment at school for such student, c) Creates a hostile environment at school for such student, d) Infringes on the rights of such student at school, or d) Infringes on the rights of such student at school, or e) Substantially disrupts the education process or the orderly e) Substantially disrupts the education process or the orderly operation of a school. operation of a school.

DEFINITION CONTINUED Bullying shall include, but is not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic… Bullying shall include, but is not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic…

Differentiating Characteristics race, race, color, color, religion, religion, ancestry, ancestry, national origin, national origin, gender, gender, sexual orientation, sexual orientation, gender identity or expression gender identity or expression socioeconomic status, socioeconomic status, academic status, academic status, physical appearance, or physical appearance, or mental, physical, developmental or sensory disability, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics by association with an individual or group who has or is perceived to have one or more of such characteristics

CYBERBULLYING

CYBERBULLYING DEFINED “Cyberbullying” means any act of bullying through the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications. “Cyberbullying” means any act of bullying through the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

Newest form of bullying takes place on line, on blogs, IM’s, s, text messages and often occurs off school grounds Newest form of bullying takes place on line, on blogs, IM’s, s, text messages and often occurs off school grounds Those occurring at school or those that involve use of school computers more likely to result in discipline Those occurring at school or those that involve use of school computers more likely to result in discipline Evolving area of case law to help define what behavior can be disciplined Evolving area of case law to help define what behavior can be disciplined

HOW IS CYBERBULLYING DIFFERENT FROM BULLYING? Bullies can reach their target at any time or any place, including in his or her own home, via a computer, video game system or cell phone, giving the impression that there is no escape from the bully’s reach. Bullies can reach their target at any time or any place, including in his or her own home, via a computer, video game system or cell phone, giving the impression that there is no escape from the bully’s reach.

HOW IS CYBERBULLYING DIFFERENT FROM BULLYING? Cyberbullying may also involve including dozens or hundreds of “spectators” as in the case when a hateful and threatening communication is shared with an entire group of friends, on a social network. Cyberbullying may also involve including dozens or hundreds of “spectators” as in the case when a hateful and threatening communication is shared with an entire group of friends, on a social network.

C.G.S d Connecticut’s Bullying Statute OLD VERSION OF STATUTE * Schools were not mandated to address “bullying” conduct occurring outside of the school setting * Schools were not mandated to address “bullying” conduct occurring outside of the school setting * Allowed for bullying policy to address bullying outside of school only if it had a direct, negative effect on a student’s academic performance or safety at school * Allowed for bullying policy to address bullying outside of school only if it had a direct, negative effect on a student’s academic performance or safety at school * Prohibited overt acts by one or more students directed at another student with the intent to ridicule, humiliate, or intimidate repeated more than once against any student during the school year * Prohibited overt acts by one or more students directed at another student with the intent to ridicule, humiliate, or intimidate repeated more than once against any student during the school year NEW VERSION OF STATUTE Requires “plans” to prohibit bullying inside and outside of school Includes “cyberbullying” in the definition Prohibits bullying at school sponsored or school related activities both on or off school grounds; at school bus stops; on a school bus or other vehicle used, owned, leased by the school board Prohibits bullying outside of school that: Creates a hostile environment at school; Infringes on a student’s rights at school; or Substantially disrupts the education process or the school’s orderly operation

“SAFE SCHOOL CLIMATE PLAN ” Board must develop and implement a safe school climate plan to address bullying in its schools Board must develop and implement a safe school climate plan to address bullying in its schools Plan needs approval of Board no later than January 1, 2012 Plan needs approval of Board no later than January 1, 2012 Approved Plan must be submitted to State Dept. of Education by January 1, 2012 Approved Plan must be submitted to State Dept. of Education by January 1, 2012 Plan must be posted to Board and schools’ websites within 30 days of approval of it by the Board and be included in the school district’s publication of its rules, procedures, and standards of conduct and in all student handbooks Plan must be posted to Board and schools’ websites within 30 days of approval of it by the Board and be included in the school district’s publication of its rules, procedures, and standards of conduct and in all student handbooks

DEFINITION OF SCHOOL CLIMATE For the purposes of PA : For the purposes of PA : “School climate” means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among the students and adults “School climate” means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among the students and adults

FOR PURPOSES OF SAFE SCHOOL CLIMATE PLAN:SCHOOL EMPLOYEE DEFINED AS: “A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; “A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or any other individual who, in the performance of his or her duties has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.” or any other individual who, in the performance of his or her duties has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.”

Requirements of the Safe School Climate Plan Enable students to anonymously report acts of bullying to school employees, and require students and the parents or guardians to be notified annually of the process by which they may make such reports; Enable students to anonymously report acts of bullying to school employees, and require students and the parents or guardians to be notified annually of the process by which they may make such reports; Enable the parents or guardians of students to file written reports of suspected bullying; Enable the parents or guardians of students to file written reports of suspected bullying; Require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist or another school administrator if the safe school climate specialist is unavailable, no later than one school day after the school employee witnesses or receives a report of bullying and to file a written report no later than two school days after making the oral report; Require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist or another school administrator if the safe school climate specialist is unavailable, no later than one school day after the school employee witnesses or receives a report of bullying and to file a written report no later than two school days after making the oral report;

Requirements of the Safe School Climate Plan Require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports of bullying; Require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports of bullying; Require the safe school climate specialist to review anonymous reports, except the no disciplinary action shall be taken solely on the basis of an anonymous report; Require the safe school climate specialist to review anonymous reports, except the no disciplinary action shall be taken solely on the basis of an anonymous report; Include a prevention and intervention strategy (as amended by this Act) for school employees to deal with bullying; Include a prevention and intervention strategy (as amended by this Act) for school employees to deal with bullying; Provide for the inclusion of language in student codes of conduct concerning bullying; Provide for the inclusion of language in student codes of conduct concerning bullying;

Safe School Climate Plan Require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed, no later than 48 hours after the completion of the bullying investigation; Require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed, no later than 48 hours after the completion of the bullying investigation; Require each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the safety of the student against whom the act was directed and to prevent further acts of bullying; Require each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the safety of the student against whom the act was directed and to prevent further acts of bullying;

Safe School Climate Plan Establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to maintain a list of the number of verified acts of bullying in such school. This list must be made available for public inspection and must be reported annually to the Department of Education; Establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to maintain a list of the number of verified acts of bullying in such school. This list must be made available for public inspection and must be reported annually to the Department of Education; Direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. These interventions may include both counseling and discipline. Direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. These interventions may include both counseling and discipline.

Safe School Climate Plan Direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual ( These interventions may include both counseling and discipline); Direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual ( These interventions may include both counseling and discipline); Prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying; Prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying; Direct the development of student support plans for students against whom an act of bullying was directed that address safety measures that the school will take to protect such students against further acts of bullying; Direct the development of student support plans for students against whom an act of bullying was directed that address safety measures that the school will take to protect such students against further acts of bullying;

Safe School Climate Plan Require the school principal or principal’s designee to notify the appropriate local law enforcement agency when the principal or the designee believes that any acts of bullying constitute criminal conduct; Require the school principal or principal’s designee to notify the appropriate local law enforcement agency when the principal or the designee believes that any acts of bullying constitute criminal conduct; Prohibit bullying when it is on school grounds, at any school-sponsored or school-related activity, function or program, whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by the local or regional board of education, or through the use of any school electronic device; Prohibit bullying when it is on school grounds, at any school-sponsored or school-related activity, function or program, whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by the local or regional board of education, or through the use of any school electronic device;

Safe School Climate Plan Prohibit bullying when it is outside of school, if such bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school, or substantially disrupts the education process or the orderly operation of a school. Prohibit bullying when it is outside of school, if such bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school, or substantially disrupts the education process or the orderly operation of a school. Require that at the beginning of each school year, each school must provide all school employees with a written or electronic copy of the school district’s safe school climate plan. Require that at the beginning of each school year, each school must provide all school employees with a written or electronic copy of the school district’s safe school climate plan.

Safe School Climate Plan Require that all school employees annually complete in-service training pursuant to Section a of the General Statutes. This training must now include information that addresses the prevention of and response to youth suicide and the identification and prevention of, and response to, bullying. Require that all school employees annually complete in-service training pursuant to Section a of the General Statutes. This training must now include information that addresses the prevention of and response to youth suicide and the identification and prevention of, and response to, bullying.

Responsibilities of the District Safe School Climate Coordinator Implementation of the district’s safe school climate plan; Implementation of the district’s safe school climate plan; Collaboration with safe school climate specialists (meet at least twice during the school year), supt. and board; Collaboration with safe school climate specialists (meet at least twice during the school year), supt. and board; Providing data and information to the CT department of education; Providing data and information to the CT department of education; Recommend changes to the district’s safe school climate plan Recommend changes to the district’s safe school climate plan

Responsibilities of the Safe School Climate Specialist Investigate/supervise investigation of reported acts of bullying Investigate/supervise investigation of reported acts of bullying Collect and maintain records of reports and investigations of bullying in the school Collect and maintain records of reports and investigations of bullying in the school Primary school official responsible for preventing, and responding to reports of bullying in the school Primary school official responsible for preventing, and responding to reports of bullying in the school

SAFE SCHOOL CLIMATE COMMITTEE For the school year beginning with July 1, 2012, and each school year thereafter, the principal of each school in the school district must establish a committee or designate at least one existing committee in the school as a “Safe School Climate Committee” For the school year beginning with July 1, 2012, and each school year thereafter, the principal of each school in the school district must establish a committee or designate at least one existing committee in the school as a “Safe School Climate Committee”

“Safe School Climate” Committee must have have at least one parent of current student in the school appointed by the principal “Safe School Climate” Committee must have have at least one parent of current student in the school appointed by the principal *Parent cannot participate in anything that may compromise the confidentiality of a student such as reports of bullying or identifying patterns of bullying among students *Parent cannot participate in anything that may compromise the confidentiality of a student such as reports of bullying or identifying patterns of bullying among students

Responsibilities of the “Safe School Climate” Committee To receive copies of completed reports following bullying investigations; To receive copies of completed reports following bullying investigations; To identify and address patterns of bullying among students in the school; To identify and address patterns of bullying among students in the school; To review/amend policies related to bullying; To review/amend policies related to bullying; To review and make recommendations to the district safe school climate coordinator regarding the district’s safe school climate plan based upon issues and experiences unique to the school; To review and make recommendations to the district safe school climate coordinator regarding the district’s safe school climate plan based upon issues and experiences unique to the school; To educate school community and parents about issues related to bullying; To educate school community and parents about issues related to bullying; Collaborate with the district safe school climate coordinator in the collection of data related to bullying; Collaborate with the district safe school climate coordinator in the collection of data related to bullying; Perform any other duties as determined by the school principal related to the prevention, identification and response to school bullying for the school Perform any other duties as determined by the school principal related to the prevention, identification and response to school bullying for the school

GRANT OF IMMUNITY FOR SCHOOL EMPLOYEES No claims for damages shall be made against school employees who reports, investigates and responds to bullying in accordance with a safe school climate plan, so long as: No claims for damages shall be made against school employees who reports, investigates and responds to bullying in accordance with a safe school climate plan, so long as: *school employee acted in good faith, *school employee acted in good faith, *acted in the discharge of duties or *acted in the discharge of duties or *within the scope of employment *within the scope of employment

BIENNIAL SCHOOL CLIMATE ASSESSMENTS On and after July 1, 2012, and biennially thereafter, each board of education shall require each school in the district to complete an assessment, using school climate assessments, including surveys, approved and disseminated by the Department of Education On and after July 1, 2012, and biennially thereafter, each board of education shall require each school in the district to complete an assessment, using school climate assessments, including surveys, approved and disseminated by the Department of Education Assessments to be collected by Boards and returned to the SDE Assessments to be collected by Boards and returned to the SDE