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An Act Relative to Bullying in SchoolsMGL c 71, Section 370
Presentation
Watertown Public Schools
September 2010
Focus of Legislation:
Prevention
and Intervention
Support for this approach:
In 1983, 3 boys in Norway committed suicide after being seriously bullied
Norway’s Ministry of Education initiated an anti-bullying campaign
2500 students in 42 schools were followed for 2 ½ years by researcher Dan Olweus
Norwegian Results:
Students & teachers noted bullying incidents were reduced by half
There was less stealing & fighting Classes were more orderly Relationships in school improved
In the US, ABC News reported
A Principal in Ohio took another approach. He conducted an anonymous survey asking students to identify bullies in the Middle School…
Did not report the results, but intervened with 8 identified bullies
Resulted in a significant reduction in bullying
Why this focus?
Students who bully do so for a variety of reasons:
They may be being bullied themselves outside of school
They may be experiencing hardships at home They may be experiencing specific
emotional/cognitive/psychiatric disorders They may be trauma victims These problems can lead to poor impulse control and
anger management problems
Helping the bully to stop bullying is thought to be more effective than punishment alone
In addressing bullying, it is essential to change the climate/culture of the school!
What does the new law mean for schools? Time Lines Definitions District Plan
Student Education Parent/Guardian Education Staff Education Reporting System
Time Lines
May 3, 2010 Anti-bullying Law enacted August 24, 2010 DESE Model Plan released Sept. 30, 2010 DESE Regulations due to
Districts December 30, 2010 District Plans due to DESE
HOWEVER, in Watertown Handbook language and preliminary reporting
systems should be operational in Sept 2010.
Definition: Bullying
Bullying “the repeated use by one or more students of
a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that
(i) causes physical or emotional harm to the victim or damage to the victim’s property;
(ii) places the victim in reasonable fear of harm to himself or of damage to his property;
(iii) creates a hostile environment at school for the victim;
(iv) infringes on the rights of the victim at school;
Or, (v) materially and substantially disrupts the education process or the orderly operation of a school.”
(“Bullying” includes cyber-bullying in the law)
Definition: Cyber-bullying
Cyber-bullying
“bullying through the use of technology or any electronic communication, which shall include but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.”
More
“Cyber-bullying shall also include
(i) the creation of a web page or blog in which the creator assumes the identity of another person or
(ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) through (v), inclusive of the definition of bullying.”
More
“Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.”
Bullying is prohibited
on school grounds, property immediately adjacent to school grounds, At any school-sponsored or school-related activity,
function or program on or off school grounds At a school bus stop, on a bus or other school
vehicles Through the use of technology of device owned,
leased or used by the district or school
AND
Bullying is prohibited
Off school grounds or with non-school technology/devices…
“if the bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school, or materially and substantially disrupts the education process or the orderly operation of a school.”
What is a “hostile environment”?
“…a situation in which bullying causes the school environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of the student’s education.”
Retaliation
“…against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying
SHALL BE PROHIBITED”
In general, the new law:
Requires reporting of all incidents of bullying by all school personnel
Designates the Principal as the major compiler and investigator of such incidents and or patterns of incidents
Requires reporting of certain incidents to the police Requires education of students, parents, staff,
community
DESE Model Bullying Prevention & Intervention Plan
Released 8/24/2010
Details requirements of plans to be established by each District
I. Leadership
Public Involvement in developing the Plan Assessing needs and resources Planning and oversight Developing priority statements
II. Training & Professional Development
Annual staff training plan Ongoing professional development Annual written notice to the staff
III. Access to Resources & Services
Identifying Resources Counseling & other services Students with Disabilities Referral to outside services
IV. Academic & Non-Academic Activities
Specific bullying prevention approaches
General teaching approaches that support bullying prevention efforts
V. Policies & Procedures for Reporting and
Responding to Bullying & Retaliation
Reporting bullying & retaliation Reporting by Staff Reporting by students, parents or guardians,
and others
Responding to a report of bullying or retaliation Safety Obligation to notify others
Notice to parents or guardians Notice to another school or district Notice to law enforcement
Investigation by the Principal or designee
Determinations Made by the Principal or designee
Responses to Bullying Teaching appropriate behavior through skill
building Taking disciplinary action Promoting safety for the target and others
VI. Collaboration with Families
Parent Education
Notification requirements
VII. Prohibition Against Bullying & Retaliation
“The law requires each Plan to include a statement prohibiting bullying, cyberbullying, and retaliation.”
“The statement must be included in the Plan and included in the student code of conduct, the student handbook, and the staff handbook.”
The Plan must also include:
VIII. Definitions of Aggressor, bullying, cyberbullying, hostile
environment, retaliation, staff, target
IX. Information about the relationship of this law to other laws Anti-discrimination laws Anti-harassment laws
Thus far in Watertown:
Student curriculums have been established at Elementary and Middle School levels
The High School will select a curriculum this fall
All student handbooks include preliminary information about the Plan
School Committee Policy formation is in process
In process in Watertown:
Work is being done to establish a computer-based reporting system with IMG
Specific plans which meet all the law’s requirements are due December 30, 2010 and will be developed over the fall.
Education for staff, parents and community is being developed