BULLYINGBULLYING

THRESHOLD PROBLEMTHRESHOLD PROBLEM

RELUCTANCE TO REPORT BY RELUCTANCE TO REPORT BY

VICTIMS AND WITNESSESVICTIMS AND WITNESSES

REASONS WHY THEY DON’T REPORT:REASONS WHY THEY DON’T REPORT:

Fear of retaliationFear of retaliation Fear of not being believedFear of not being believed Feeling shameFeeling shame Wanting to protect parents from worryWanting to protect parents from worry Thinking worse to be thought of as a Thinking worse to be thought of as a

snitchsnitch Thinking a teacher’s advice would make Thinking a teacher’s advice would make

the problem worsethe problem worse No confidence that anything would helpNo confidence that anything would help

PUBLIC ACT 11-232PUBLIC ACT 11-232An Act Concerning the Strengthening An Act Concerning the Strengthening

of School Bullying Lawof School Bullying Law

PUBLIC ACT 11-232PUBLIC ACT 11-232

• Changes the definition of bullyingChanges the definition of bullying• Expands upon the conduct that Expands upon the conduct that

constitutes bullyingconstitutes bullying• Expands upon where bullying can Expands upon where bullying can

occuroccur• Includes “Cyberbullying” in definition Includes “Cyberbullying” in definition

of bullyingof bullying• Adds numerous requirements for Adds numerous requirements for

school districtsschool districts

NEW DEFINITION FOR TERM NEW DEFINITION FOR TERM BULLYINGBULLYING

Bullying is defined as …Bullying is defined as …

The repeated use by one or more students of The repeated use by one or more students of written, oral or electronic communication, such as written, oral or electronic communication, such as cyberbullying, directed at or referring to another cyberbullying, directed at or referring to another student attending school in the same school student attending school in the same school district, or a physical act or gesture by one or district, or a physical act or gesture by one or more students repeatedly directed at another more students repeatedly directed at another student attending school in the same school student attending school in the same school

district that:district that:

a) Causes physical or emotional harm to such student or a) Causes physical or emotional harm to such student or damage damage

to such student's property, to such student's property,

b) Places such student in reasonable fear of harm to himself b) Places such student in reasonable fear of harm to himself or 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, ord) Infringes on the rights of such student at school, or e) Substantially disrupts the education process or the e) Substantially disrupts the education process or the

orderly orderly operation of a school.operation of a school.

DEFINITION CONTINUEDDEFINITION CONTINUED

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

Differentiating CharacteristicsDifferentiating 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, ormental, physical, developmental or sensory disability, or by association with an individual or group who has or is by association with an individual or group who has or is

perceived to have one or more of such characteristicsperceived to have one or more of such characteristics

CYBERBULLYINGCYBERBULLYING

CYBERBULLYING DEFINEDCYBERBULLYING DEFINED

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

Newest form of bullying takes place on Newest form of bullying takes place on line, on blogs, IM’s, emails, text line, on blogs, IM’s, emails, text messages and often occurs off school messages and often occurs off school groundsgrounds

Those occurring at school or those that Those occurring at school or those that involve use of school computers more involve use of school computers more likely to result in disciplinelikely to result in discipline

Evolving area of case law to help define Evolving area of case law to help define what behavior can be disciplinedwhat behavior can be disciplined

HOW IS CYBERBULLYING HOW IS CYBERBULLYING DIFFERENT FROM BULLYING?DIFFERENT FROM BULLYING?

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

HOW IS CYBERBULLYING HOW IS CYBERBULLYING DIFFERENT FROM BULLYING?DIFFERENT FROM BULLYING?

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

C.G.S. 10-222d C.G.S. 10-222d Connecticut’s Bullying StatuteConnecticut’s Bullying Statute

OLD VERSION OF STATUTE OLD VERSION OF STATUTE

* Schools were not mandated to * Schools were not mandated to address “bullying” conduct address “bullying” conduct occurring outside of the school occurring outside of the school settingsetting

* Allowed for bullying policy to * Allowed for bullying policy to address bullying outside of school address bullying outside of school only if it had a direct, negative only if it had a direct, negative effect on a student’s academic effect on a student’s academic performance or safety at schoolperformance or safety at school

* Prohibited overt acts by one or * Prohibited overt acts by one or

more students directed at another more students directed at another student with the intent to ridicule, student with the intent to ridicule, humiliate, or intimidate repeated humiliate, or intimidate repeated more than once against any more than once against any student during the school yearstudent during the school year

NEW VERSION OF STATUTENEW VERSION OF STATUTE

• Requires “plans” to prohibit bullying Requires “plans” to prohibit bullying inside and outside of schoolinside and outside of school

• Includes “cyberbullying” in the Includes “cyberbullying” in the definitiondefinition

• Prohibits bullying at school sponsored Prohibits bullying at school sponsored or school related activities both on or or school related activities both on or off school grounds; off school grounds;

at school bus stops;at school bus stops; on a school bus or other vehicle used, on a school bus or other vehicle used,

owned, leased by the school boardowned, leased by the school board

• Prohibits bullying outside of school Prohibits bullying outside of school that:that:

• Creates a hostile environment at Creates a hostile environment at school;school;

• Infringes on a student’s rights at Infringes on a student’s rights at school; orschool; or

• Substantially disrupts the education Substantially disrupts the education process or the school’s orderly process or the school’s orderly operationoperation

““SAFE SCHOOL CLIMATE PLANSAFE SCHOOL CLIMATE PLAN” ” Board must develop and implement a safe Board must develop and implement a safe

school climate plan to address bullying in school climate plan to address bullying in its schoolsits schools

Plan needs approval of Board no later than Plan needs approval of Board no later than January 1, 2012January 1, 2012

Approved Plan must be submitted to State Approved Plan must be submitted to State Dept. of Education by January 1, 2012Dept. of Education by January 1, 2012

Plan must be posted to Board and schools’ Plan must be posted to Board and schools’ websites within 30 days of approval of it by websites within 30 days of approval of it by the Board and be included in the school the Board and be included in the school district’s publication of its rules, district’s publication of its rules, procedures, and standards of conduct and procedures, and standards of conduct and in all student handbooksin all student handbooks

DEFINITION OF SCHOOL DEFINITION OF SCHOOL CLIMATECLIMATE

For the purposes of PA 11-232:For the purposes of PA 11-232:

“ “School climate” means the quality School climate” means the quality and character of school life with a and character of school life with a particular focus on the quality of the particular focus on the quality of the relationships within the school relationships within the school community between and among the community between and among the students and adultsstudents and adults

FOR PURPOSES OF SAFE SCHOOL CLIMATE FOR PURPOSES OF SAFE SCHOOL CLIMATE PLAN:SCHOOL EMPLOYEE DEFINED AS:PLAN:SCHOOL EMPLOYEE DEFINED AS:

“ “A teacher, substitute teacher, school A teacher, substitute teacher, school administrator, school superintendent, guidance administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach physician, school paraprofessional or coach employed by a local or regional board of employed by a local or regional board of education or working in a public elementary, education or working in a public elementary, middle or high school; middle or high school;

or any other individual who, in the performance or any other individual who, in the performance of his or her duties has regular contact with of his or her duties has regular contact with students and who provides services to or on students and who provides services to or on behalf of students enrolled in a public elementary, behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with middle or high school, pursuant to a contract with the local or regional board of education.”the local or regional board of education.”

Requirements of the Requirements of the Safe School Climate Plan Safe School Climate Plan Enable students to anonymously report acts of bullying Enable students to anonymously report acts of bullying

to school employees, and require students and the to school employees, and require students and the parents or guardians to be notified annually of the parents or guardians to be notified annually of the process by which they may make such reports;process by which they may make such reports;

Enable the parents or guardians of students to file Enable the parents or guardians of students to file written reports of suspected bullying;written reports of suspected bullying;

Require school employees who witness acts of bullying Require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe or receive reports of bullying to orally notify the safe school climate specialist or another school school climate specialist or another school administrator if the safe school climate specialist is administrator if the safe school climate specialist is unavailable, no later than one school day after the unavailable, no later than one school day after the school employee witnesses or receives a report of school employee witnesses or receives a report of bullying and to file a written report no later than two bullying and to file a written report no later than two school days after making the oral report;school days after making the oral report;

Requirements of theRequirements of theSafe School Climate PlanSafe School Climate Plan

Require the safe school climate specialist to investigate Require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying or supervise the investigation of all reports of bullying and ensure that such investigation is completed and ensure that such investigation is completed promptly after receipt of any written reports of bullying;promptly after receipt of any written reports of bullying;

Require the safe school climate specialist to review Require the safe school climate specialist to review anonymous reports, except the no disciplinary action anonymous reports, except the no disciplinary action shall be taken solely on the basis of an anonymous shall be taken solely on the basis of an anonymous report;report;

Include a prevention and intervention strategy (as Include a prevention and intervention strategy (as amended by this Act) for school employees to deal with amended by this Act) for school employees to deal with bullying;bullying;

Provide for the inclusion of language in student codes of Provide for the inclusion of language in student codes of conduct concerning bullying;conduct concerning bullying;

Safe School Climate PlanSafe School Climate Plan Require each school to notify the parents or Require each school to notify the parents or

guardians of students who commit any verified acts guardians of students who commit any verified acts of bullying and the parents or guardians of students of bullying and the parents or guardians of students against whom such acts were directed, no later than against whom such acts were directed, no later than 48 hours after the completion of the bullying 48 hours after the completion of the bullying investigation;investigation;

Require each school to invite the parents or Require each school to invite the parents or guardians of a student who commits any verified act guardians of a student who commits any verified act of bullying and the parents or guardians against of bullying and the parents or guardians against whom such act was directed to a meeting to whom such act was directed to a meeting to communicate to such parents or guardians the communicate to such parents or guardians the measures being taken by the school to ensure the measures being taken by the school to ensure the safety of the student against whom the act was safety of the student against whom the act was directed and to prevent further acts of bullying;directed and to prevent further acts of bullying;

Safe School Climate PlanSafe School Climate Plan Establish a Establish a procedureprocedure for each school to for each school to document document

and maintain recordsand maintain records relating to reports and relating to reports and investigations of bullying in such school and to investigations of bullying in such school and to maintain a list of the number of verified acts of maintain a list of the number of verified acts of bullying in such school. This list must be made bullying in such school. This list must be made available for available for public inspectionpublic inspection and must be and must be reported annuallyreported annually to the Department of Education; to the Department of Education;

Direct the development of Direct the development of case-by-case case-by-case interventionsinterventions for addressing repeated incidents of for addressing repeated incidents of bullying against a single individual or recurrently bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. perpetrated bullying incidents by the same individual. These interventions may include both These interventions may include both counseling counseling and disciplineand discipline..

Safe School Climate PlanSafe School Climate Plan Direct the development of Direct the development of case-by-case case-by-case

interventionsinterventions for addressing repeated incidents of for addressing repeated incidents of bullying against a single individual or recurrently bullying against a single individual or recurrently perpetrated bullying incidents by the same individual perpetrated bullying incidents by the same individual ( These interventions may include both ( These interventions may include both counseling counseling and discipline)and discipline);;

Prohibit discrimination and retaliationProhibit discrimination and retaliation against an against an individual who reports or assists in the investigation of individual who reports or assists in the investigation of an act of bullying;an act of bullying;

Direct the development of student support plans for Direct the development of student support plans for students against whom an act of bullying was directed students against whom an act of bullying was directed that address safety measures that the school will take that address safety measures that the school will take to protect such students against further acts of to protect such students against further acts of bullying;bullying;

Safe School Climate PlanSafe School Climate Plan RequireRequire the school principal or principal’s the school principal or principal’s

designee designee to notify the appropriate local law to notify the appropriate local law enforcement agencyenforcement agency when the principal or the when the principal or the designee believes that any acts of bullying designee believes that any acts of bullying constitute criminal conduct;constitute criminal conduct;

Prohibit bullying when it isProhibit bullying when it is on school grounds on school grounds, , at any school-sponsored or school-related at any school-sponsored or school-related activity, function or program, whether on or off activity, function or program, whether on or off school grounds, at a school bus stop, on a school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or school bus or other vehicle owned, leased or used by the local or regional board of education, used by the local or regional board of education, or through the use of any school electronic or through the use of any school electronic device;device;

Safe School Climate PlanSafe School Climate Plan

Prohibit bullying when it is Prohibit bullying when it is outside of outside of schoolschool, if such bullying creates a , if such bullying creates a hostile hostile environmentenvironment at school for the victim, at school for the victim, infringes on the rights of the victim at infringes on the rights of the victim at schoolschool, or , or substantially disruptssubstantially disrupts the the education process or the orderly operation education process or the orderly operation of a school.of a school.

Require that at the beginning of each school Require that at the beginning of each school year, each school must provide year, each school must provide all school all school employeesemployees with a written or electronic copy with a written or electronic copy of the school district’s safe school climate of the school district’s safe school climate plan. plan.

Safe School Climate PlanSafe School Climate Plan

Require that Require that all school employeesall school employees annually annually complete in-service trainingcomplete in-service training pursuant to Section 10-220a of the General pursuant to Section 10-220a of the General Statutes. This training must now include Statutes. This training must now include information that addresses the prevention of information that addresses the prevention of and response to youth suicide and the and response to youth suicide and the identification and prevention of, and identification and prevention of, and response to, bullying. response to, bullying.

Responsibilities of the District Responsibilities of the District Safe School Climate CoordinatorSafe School Climate Coordinator Implementation of the district’s safe Implementation of the district’s safe

school climate plan;school climate plan; Collaboration with safe school climate Collaboration with safe school climate

specialists (meet at least twice during specialists (meet at least twice during the school year), supt. and board;the school year), supt. and board;

Providing data and information to the Providing data and information to the CT department of education;CT department of education;

Recommend changes to the district’s Recommend changes to the district’s safe school climate plansafe school climate plan

Responsibilities of the Safe Responsibilities of the Safe School Climate SpecialistSchool Climate Specialist

Investigate/supervise investigation of Investigate/supervise investigation of reported acts of bullyingreported acts of bullying

Collect and maintain records of Collect and maintain records of reports and investigations of bullying reports and investigations of bullying in the schoolin the school

Primary school official responsible for Primary school official responsible for preventing, and responding to preventing, and responding to reports of bullying in the schoolreports of bullying in the school

SAFE SCHOOL CLIMATE SAFE SCHOOL CLIMATE COMMITTEECOMMITTEE

For the school year beginning For the school year beginning

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

“ “Safe School Climate” Committee Safe School Climate” Committee must have have must have have at least one at least one parentparent of current student in the of current student in the school appointed by the principal school appointed by the principal

*Parent cannot participate in anything that may *Parent cannot participate in anything that may

compromise the confidentiality of a student such as compromise the confidentiality of a student such as reports of bullying or identifying patterns of bullying reports of bullying or identifying patterns of bullying among studentsamong students

Responsibilities of the “Safe Responsibilities of the “Safe School Climate” CommitteeSchool Climate” Committee

To receive copies of completed reports following bullying To receive copies of completed reports following bullying investigations; investigations;

To identify and address patterns of bullying among To identify and address patterns of bullying among students in the school; 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 To review and make recommendations to the district safe

school climate coordinator regarding the district’s safe school climate coordinator regarding the district’s safe school climate plan based upon issues and experiences school climate plan based upon issues and experiences unique to the school;unique to the school;

To educate school community and parents about issues To educate school community and parents about issues related to bullying;related to bullying;

Collaborate with the district safe school climate coordinator Collaborate with the district safe school climate coordinator in the collection of data related to bullying;in the collection of data related to bullying;

Perform any other duties as determined by the school Perform any other duties as determined by the school principal related to the prevention, identification and principal related to the prevention, identification and response to school bullying for the school response to school bullying for the school

GRANT OF IMMUNITY FOR GRANT OF IMMUNITY FOR SCHOOL EMPLOYEESSCHOOL EMPLOYEES

No claims for damages shall be made No claims for damages shall be made against school employees who against school employees who reports, investigates and responds to reports, investigates and responds to bullying in accordance with a safe bullying in accordance with a safe school climate plan, so long as: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 BIENNIAL SCHOOL CLIMATE ASSESSMENTSASSESSMENTS

On and after July 1, 2012, and On and after July 1, 2012, and biennially thereafter, each board of biennially thereafter, each board of education shall require each school education shall require each school in the district to complete an in the district to complete an assessment, using school climate assessment, using school climate assessments, including surveys, assessments, including surveys, approved and disseminated by the approved and disseminated by the Department of EducationDepartment of Education

Assessments to be collected by Assessments to be collected by Boards and returned to the SDEBoards and returned to the SDE