Bullying & Cyberbullying Conference August 10, 2011 – Bloomington, Illinois Presented by: Brian D....
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Transcript of Bullying & Cyberbullying Conference August 10, 2011 – Bloomington, Illinois Presented by: Brian D....
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Bullying & Cyberbullying ConferenceAugust 10, 2011 – Bloomington, Illinois
Presented by:Brian D. SchwartzAttorney at Law
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“A computer lets you make more mistakes faster than any invention in human history – with the possible exceptions of handguns and tequila.”
-- Kevin McDowell
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MySpace
Bullying: No Escape
Texting
Sexting
Parody Websites
Instant Messaging
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Megan Meyer -- 13Phoebe Prince -- 15
Tyler Clementi -- 18
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The Law105 ILCS 5/27-23.7
• Specifically prohibits bullying at school and school activities
• Each school district must maintain a policy on bullying, which policy must be filed with ISBE
• The policy must be reviewed every two years
• The policy must be communicated to parents and students yearly
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The Law105 ILCS 5/10-20.14
• Each school district must have a policy “to address students who have demonstrated behaviors that put them at risk for aggressive behavior”
• Such policy must include procedures for notifying parents and early prevention techniques
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• Define “bullying” and graduated discipline
• Be applicable to school and school-related activities
• Prohibit bullying through school electronic equipment
• Allow for discipline for off-campus bullying that interferes with school or causes a safety concern
• Provide students and parents the name and contact information for the school district’s nondiscrimination coordinator
A good school handbook procedure should:
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Liability on School Districts & School Administrators
The law requires you to immediately addressbullying or harassment that takes place at
school or at a school-related event
Failure to take action could subject the schooldistrict and you – personally – to liability
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Most students and staff members don’t know…..
What constitutes “bullying” is determined by the recipient of the conduct
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2Discipline for Off-Campus
Student Misconduct
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Students Can Be Disciplined For Off-Campus Bullying If:
1. Violation of School Rule
2. Nexus to Campus
3. Material & Substantial Disruption, Safety Concern or True Threat
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Noteworthy Court Cases:
Kowalski v. Berkeley County Schools
Emmett v. Kent School District
Layshock v. Hermitage School District
JS v. Bethlehem Area School District
Wilson v. Hinsdale Elementary School District
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Questions
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Thank You for Your Participation
For More information, please contact
Brian [email protected]
www.edlawyer.org
© Brian D. Schwartz, 2011