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How States are AddressingSchool Bullying:

From the Schoolyard to Cyberspace

Moderator: Miriam Fordham, Health and Welfare Committee, Legislative Research Commission, Kentucky;

Member, Legislative Health Staff Network Steering Committee

Kevin Jennings, Assistant Deputy Secretary,

Office of Safe and Drug-Free Schools,

U.S. Department of Education

Jennifer Dounay Zinth, Senior Policy Analyst,

Education Commission of the States

Cheryl Reinhart, Legislative Attorney,

Bureau of Legislative Research, Arkansas;

Co-Chair, Legislative Education Staff Network

This webinar is sponsored by NCSL’s Legislative Education Staff Network (LESN) and Legislative Health Staff

Network (LHSN) through a grant from The Robert Wood Johnson Foundation.

Legislative Education Staff Network

The Legislative Education Staff Network (LESN) is a coordinated network of professional and knowledgeable legislative staff from across the country who, as a major part of their responsibilities, work on education policy, including finance and budget policy.

Want to be involved?

• Join our Listserv (legislative staff only) by contacting Sara Shelton at sara.shelton@ncsl.org.

• Participate in professional development opportunities at ECS and NCSL meetings

– http://www.ncsl.org/Default.aspx?TabID=788&tabs=857,36,367#857

Legislative Health Staff Network

The Legislative Health Staff Network (LHSN) is a coordinated network of professional and knowledgeable legislative staff from across the country who work on health policy, including finance and budget policy.

Want to be involved?

• Join our Listserv (legislative staff only) by contacting Tara Lubin at tara.lubin@ncsl.org

• Participate in upcoming professional development opportunities. Visit our website: http://www.ncsl.org/Default.aspx?TabID=160&tabs=831,134,1070#1070

U.S. Department of EducationUnderstanding Bullying

Kevin JenningsAssistant Deputy Secretary Office of Safe and Drug Free Schools

Department of Education

National Conference of State Legislatures WebinarDecember 14, 2010

Many Students Experience BullyingPercentage of students ages 12-18 who reported being bullied at school and being

cyber-bullied anywhere during the school year, by sex: 2007

Source: Indicators of Crime and School Safety, 2008

Rivers, I., Poteat, V.P., Noret, N., Ashurt, N. (2009). Observing Bullying at School: The Mental Health Implication of Witness

Status. School Psychology Quarterly. 24:4, 211-223.

Prevalence of Bullying Behaviors and

the Roles of Gender

Source: Wang, 2009

Victimization Perpetration

Source: Cyberbullying Research Center

Some Groups are Singled Out for HarassmentQuestion: “At your school, how often are students bullied, called names or harassed for the

following reasons?”

Source: From Teasing to Torment: School Climate in America 2005

Petrosino, A., Guckenburg, S., DeVoe, J. and Hanson, T. (2010). What characteristics of bullying, bullying victims, and schools are associated

with increased reporting of bullying to school officials? (Issues & Answers Report, REL 2010- No.092). Washington, DC: US Department of

Education, Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, Regional Education Laboratory

Northeast and Islands. Retrieved from http://ies.ed.gov/ncee/edlabs.

Petrosino, A., Guckenburg, S., DeVoe, J. and Hanson, T. (2010). What characteristics of bullying, bullying victims, and schools are associated

with increased reporting of bullying to school officials? (Issues & Answers Report, REL 2010- No.092). Washington, DC: US Department of

Education, Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, Regional Education Laboratory

Northeast and Islands. Retrieved from http://ies.ed.gov/ncee/edlabs.

Teachers and Students Make a Difference

In classrooms where both students and teachers had

strong attitudes and actions against bullying and

aggression, rates of aggression were 1/3 to ½ of

classes where peers alone (and not teachers) had

strong attitudes against aggression

Henry, D., Guerra, N., Huessmann, R., Tolan, P., VanAcker, R., & Eron, L. (2000). Normative influences

on aggression in urban elementary school classrooms. Amerian Journal of Community Psychology,

28(1), 59-81.

Peer Intervention Works, but Isn’t Common

Of bullying episodes in which peers intervened,

57% of the interventions were effective (i.e., the

bullying stopped within 10 seconds).

Peers intervene in only 11-19% of all bullying

incidents.

Source: Hawkins, Pepler and Craig 2001

Every School Should…

Help to educate faculty, staff & parents about bullying

Have a clear policy against bullying behaviors, and communicate this policy early and often to students, staff, and parents

Train all staff who interact with students (including bus drivers, school resource officers, school nurses, and cafeteria workers) on how to recognize bullying behaviors and intervene effectively to stop them

Ensure that all staff members take immediate action when bullying is observed.

Gather data to assess bullying, the level of staff commitment to address bullying, and parent interest and concerns.

What’s the Washington Agenda?

In a Truly Safe School

Every Student Feels Like…

They Belong.

They are Valued.

They Feel Physically and Emotionally Safe.

What Gets Measured is What Gets Done

Safe and Supportive Schools (s3) Model:

A New Approach to K-12 School Safety

Draft s3 Model. Please do not circulate without consent from the Office of Safe and Drug-Free

Schools. Please contact Kristen Harper (kristen.harper@ed.gov) with questions or concerns.

s3 model

Engagement

Relationships

Respect for Diversity

School Participation

Safety

Emotional Safety

Physical Safety

Substance Use

Environment

Physical Environment

Academic Environment

Wellness

Disciplinary Environment

Winners of Safe and Supportive Schools Grants

ArizonaCaliforniaIowaLouisianaKansasMarylandMichiganSouth CarolinaTennesseeWest VirginiaWisconsin

Federal Partners in Bullying Prevention

Working Group

1. Organized National Bullying Summit Aug. 2010

2. Centralized all resources on www.bullyinginfo.org

3. Creating action plan on four areas:

– Research

– Practice/Strategies

– Policy

– Communications

Upcoming work:

Guidance by Department of Education’s Office of

Civil Rights on intersection of bullying and

harassment (Fall 2010)

Best practices in bullying policies memo (Dec. 15,

2010)

Best practices on anti-bullying policies and

implementation (Summer 2011)

Study on “bullycides” and what can be done to

prevent them (2011-12)

Elements of a Model Policy

Purpose Statement

Statement of Scope

Specification of Prohibited Conduct

Specific definition of bullying that:

Includes a non-exclusive list of behaviors that constitute the behavior

Indicates that bullying can be direct or indirect

Is not limited to behaviors that cause physical harm

Is easily understood

Includes retaliation for reporting bullying and perpetuation of bullying

through spreading of hurtful material

Enumeration of Specific Characteristics

Development and Implementation of Local Educational Agency

(LEA) Policies

Elements of a Model Policy

Components of LEA Policies

Consistent definition with State Law

Procedures for reporting and requirements for teachers to report known

or suspected incidents.

Procedures for investigation

Procedures for maintaining written records

Range of sanctions and consequences

Referral to counseling and mental and health services

Review of Local Policies

Communication Plan

Training and Preventive Education

Transparency and Monitoring

Statement of Rights to Other Legal Resources

Pheobe Prince

10th Grade

South Hadley, MA

1994 – January 2010

Death by hanging

Carl Joseph Walker

Hoover

6th Grade

Springfield, MA

1998 – April 2009

Death by hanging

Christian Taylor

9th Grade

Yorktown, VA

1994 – May 2010

Death by hanging

Tyler Clementi

College Freshman

Ridgewood, NJ

1992 – September

2010

Jumped off the George

Washington Bridge

Asher Brown

8th Grade

Harris, TX

1997 – September

2010

Shot himselfSeth Walsh

8th Grade

Tehachapi, CA

1997 – September

2010

Died after eight days

on life support after

attempting to hang

himself

Justin Aaberg

10th Grade

Anoka, MN

1995 – July 2010

Death by hanging

Hope Witsell

8th Grade

Ruskin, FL

1996 – September

2009

Death by hanging

Keep in Touch!

Kevin.Jennings@Ed.gov

202-245-7830

Anti-Bullying Legislation:

Trends and Issues

Jennifer Dounay ZinthEducation Commission of the States

For LESN/LHSN Webinar

December 14, 2010

Education Commission of the States

Overview

• How many states?

• Areas being addressed in legislation

• Model components of legislation

• Of note in state policies

• Stay tuned and contact info

Education Commission of the States

States With Anti-Bullying Policies

Policy components across the

states: same or different?

• Lots of variation from one state to next

• More uniformity seen as time goes on

• Most common areas include…

Education Commission of the States

• Definition of bullying

– CYBERBULLYING included in definition

• State-level support

• Local board requirements

• Student services

• Intervention strategy for staff to deal with bullying

• Incorporating anti-bullying into the curriculum

• Students and/or staff must report bullying

• Informing students of their rights and sanctions

• Parental rights

• Administrators req’d to investigate reported incidents

• Staff PD (help adults prevent and address incidents)

• Public reporting on bullying incidents

Education Commission of the States

Model legislative components

• Defines bullying (statewide or locally).

INCLUDES CYBERBULLYING in definition

• Prohibits bullying, including cyberbullying

• Informs students, staff & parents of anti-bullying

policy

• Enables parents and REQUIRES staff to report

incidents

• Provides immunity to whistleblowers

• Requires admins. to investigate reports

• Encourages or requires anti-bullying education

Education Commission of the States

How many states address

model components?

• In 2005, it was just 5 (CT, NJ, OR, VT, WV)

• Stay tuned—updated info in Jan. 2011!

Education Commission of the States

Cyberbullying

Education Commission of the States

Cyberbullying

• Included in many recent enactments

– Included in statutory definition of ―bullying‖

• NH also specifies types of electronic devices

• MA cyberbullying definition very specific

– MA and OK (may be others): Specify that

device used may or may not be school

equipment

Education Commission of the States

Are policies changing once

enacted?

• Absolutely!

• 8 states in 2010 alone updated provisions

• States adding ―cyberbullying‖ provisions

• Task forces recommending improvements

to state policies

• Next speaker will talk more about this

Education Commission of the States

Of note

• AL 2009 H.B. 216: Looks at student

harassment and suicide prevention

– Other AL bill: Anti-bullying as dropout prevention

• UT rule: Also covers staff, invitees

• Policies specific to sexual orientation

• Policies generally only for K-12

– Will this change in 2011 sessions?

Education Commission of the States

To help in your 2011 session

• Update to ECS’ 2005 report!

• Feel free to contact me:

– jdounay@ecs.org

– 303.299.3689

Education Commission of the States

DEVELOPMENT OF ARKANSAS

CYBER BULLYING POLICY

Cheryl L. Reinhart, Legislative Attorney

Arkansas Bureau of Legislative Research

Arkansas Cyberbullying Law

Antibullying Policies, Ark. Code Ann. § 6-18-514

2003 – original enactment (cyberbullying not included)

2005 –

Expanded the bullying venue

Gave immunity for reporting

2007 -- cyber bullying added; greatly expanded definitions

2007 Amendment --

Added cyber bullying:

[Bullying prohibited …]

(B)(i) By an electronic act that results in the substantial disruption of the orderly operation of the school or educational environment.

(ii) This section shall apply to an electronic act whether or not the electronic act originated on school property or with school equipment, if the electronic act is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that purpose …

A.C.A. § 6-18-514(b)(2)(B)

Weaknesses --

No outright prohibition on bullying – just the mandate for school district policy

Strong dependence on school districts to develop policies

Permissive provisions should be mandatory:

Training school personnel

Reporting, investigation and enforcement

Contact information --

Cheryl L. Reinhart

Bureau of Legislative Research

One Capitol Mall, Fifth Floor

Little Rock, AR 72201

501.537.9338

reinhartc@blr.arkansas.gov

Any Questions?

• Use the Q and A panel on your screen.

• To find the archived webinar next week, go to http://www.ncsl.org/default.aspx?tabid=21807.

• Please fill out the survey at the end of this webinar.

Thank you!

Additional ResourcesFederal inter-agency effort that offers strategies and research on

anti-bullying policies

www.bullyinginfo.org

U.S. Department of Education

http://www.ed.gov/

Education Commission of the States

http://www.ecs.org/

Arkansas General Assembly

http://www.arkleg.state.ar.us/

assembly/2011/2011R/Pages/Home.aspx

Bills on bullying filed by Texas legislators – news article

http://www.star-telegram.com/2010/12/06/

2684072/bills-on-bullying-filed-by-texas.html

NCSL Resources

Legislative Education Staff Network

http://www.ncsl.org/Default.aspx?

TabID=788&tabs=857,36,367#857

Legislative Health Staff Network

http://www.ncsl.org/Default.aspx?

TabID=160&tabs=831,134,1070#1070