Jan tomsky
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Transcript of Jan tomsky
1
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.
(Schools Where Everyone Belongs, Stan Davis.)
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Truths About Bullying (cont’d)
Training is unlikely to work except as part of a schoolwide program.
(Schools Where Everyone Belongs, Stan Davis.)
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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 .
26
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 .
27
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 .