making sense of the new bullying legislation hea 1423

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Making Sense of the New Bullying Legislation HEA 1423

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Page 1: Making Sense of the New Bullying Legislation HEA 1423

Making Sense of the New Bullying

LegislationHEA 1423

Page 2: Making Sense of the New Bullying Legislation HEA 1423

Comprehensive Comprehensive Anti-Bullying ProgramAnti-Bullying Program

• Increase Awareness • Coordination of Services• Ongoing• Evaluation

Source: “Early Identification and Intervention. Bullying Prevention,” by Dr. Russell Skiba, Indiana Education Policy Center

Page 3: Making Sense of the New Bullying Legislation HEA 1423

The VoicelessThe VoicelessStudents reach out to an adult in only about 1/3 of the cases of bullying…why is that? •Students do not perceive that teachers or adults in the school will do anything.•Don’t want to be perceived as weak or a “tattletale”•Fear of retaliation from bully•Feelings of humiliation make children ashamed to tell adults•May already feel socially isolated and believe no one cares or can understand•Fear of rejection by peers•Parent reaction

Page 4: Making Sense of the New Bullying Legislation HEA 1423

Indiana’s Response to Indiana’s Response to BullyingBullying

During the 2013 legislative session, the General Assembly passed HEA 1423, and the Governor signed P.L. 285-2013 into law. 

This law changed the definition of bullying and established bullying prevention and intervention program requirements for the Indiana Department of Education (IDOE) and school corporations. 

Page 5: Making Sense of the New Bullying Legislation HEA 1423

Benefits of the Bill Benefits of the Bill For StudentsFor Students

•Students can feel confident if a bullying incident occurs that all adults in the school are trained and prepared to respond appropriately•Students that have been identified as exhibiting bullying behavior will be provided appropriate interventions•Students that have been the target of bullying will be provided appropriate support and resources•This bill will help ensure a safer school environment allowing students to focus on academics •Students will have developmentally appropriate bullying prevention education

Page 6: Making Sense of the New Bullying Legislation HEA 1423

Benefits of the Bill For Benefits of the Bill For SchoolsSchools

o They can benefit from guidance on research-based practices to prevent and intervene in bullying incidents

o Reducing aggressive behaviors among students will create a safer school environment for students and teachers

o Clearer definition of bullying and investigative measures so schools have documentation of reported incidents; not all reported incidents will be determined bullying

Page 7: Making Sense of the New Bullying Legislation HEA 1423

Requirements for the Requirements for the IDOEIDOE

In collaboration with school safety specialists and school counselors: 

1. Provide materials and guidelines to assist a safe school committee in developing a plan and policy that addresses school safety and professional development needs.

2. Prepare outlines or materials for age appropriate, research based bullying prevention instruction.

3. Establish categories of types of bullying incidents to allow school corporations to use the categories in making reports.

4. Periodically review each school handbook policy adopted under this section to ensure compliance. 

Page 8: Making Sense of the New Bullying Legislation HEA 1423

Bullying Prevention and the Bullying Prevention and the LawLaw

Bullying is defined for Indiana schools in HEA 1423

• IC 20-33-8-0.2 – “Bullying” means: Overt (intentional) unwanted, repeated acts or gestures

including: Verbal or Written communication, or images

transmitted in any manner (including digitally or electronically)

Physical acts committed, aggression, or any other behaviors that are committed by a student or group of students against another student with the intent toHarass, ridicule, humiliate, intimidate, or

harm the targeted student andCreate for the targeted student an objectively

hostile school environment

Page 9: Making Sense of the New Bullying Legislation HEA 1423

Unwanted, aggressive behavior

Repeated or potential for repeated behavior

Real or perceived power imbalance

Defining BullyingDefining Bullying

Page 10: Making Sense of the New Bullying Legislation HEA 1423

What is NOT bullying?What is NOT bullying?• There are many other types of aggressive

behavior that don’t fit the definition of bullying. This does not mean that they are any less serious or do not require intervention. o Peer Conflicto Teen Dating Violenceo Hazingo Gang Violenceo Harassmento Stalking

Page 11: Making Sense of the New Bullying Legislation HEA 1423

Conflict or Bullying?Conflict or Bullying?

Page 12: Making Sense of the New Bullying Legislation HEA 1423

Types of BullyingTypes of Bullying(Categories of Bullying for IDOE Reporting (Categories of Bullying for IDOE Reporting

Requirements)Requirements)

Physical

Verbal

Social/Relational

Electronic or Written

Communication

Combination of Categories

Page 13: Making Sense of the New Bullying Legislation HEA 1423

Physical BullyingPhysical Bullying

Physical bullying involves hurting a person’s body or possessions.

Physical bullying includes: Hitting/kicking/pinching Spitting Tripping/pushing Taking or breaking someone’s things Making mean or rude hand gestures

Page 14: Making Sense of the New Bullying Legislation HEA 1423

Verbal BullyingVerbal Bullying

Verbal bullying involves saying mean things.

Verbal bullying includes:TeasingName-callingTauntingThreatening to cause harm

Page 15: Making Sense of the New Bullying Legislation HEA 1423

Social/Relational Social/Relational BullyingBullying

Social bullying, sometimes referred to as relational bullying, involves hurting someone’s

reputation or relationships. Social bullying includes:

Leaving someone out on purpose Telling other children not to be friends with someone Spreading rumors about someone Embarrassing someone in public

Page 16: Making Sense of the New Bullying Legislation HEA 1423

Electronic/Written Electronic/Written BullyingBullying

Electronic or Written Communication bullying (including all forms of Cyberbullying) is bullying that takes place through the use of written messages or using various forms of electronic technology. Examples include:mean text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites, or fake profiles.

Page 17: Making Sense of the New Bullying Legislation HEA 1423

TerminologyTerminology• Target (aka Victim)

• Bullier (aka Bully)o Student exhibiting bullying beavior

• Witness (aka Bystander)

Page 18: Making Sense of the New Bullying Legislation HEA 1423

Why Do Students Why Do Students Bully?Bully?

Information about bullying suggests that there are three interrelated reasons why students bully.

1.Students who bully have strong needs for power and (negative) dominance. 2.Students who bully find satisfaction in causing injury and suffering to other students. 3.Students who bully are often rewarded in some way for their behavior with material or psychological rewards.

(section taken from the Olweus Bullying Prevention Program, www.olweus.org)

Page 19: Making Sense of the New Bullying Legislation HEA 1423

The Impact of BullyingThe Impact of BullyingEffects on targetsKids who are bullied can experience negative physical, school, and mental health issues. Kids who are bullied are more likely to experience:•Depression and anxiety, increased feelings of sadness and loneliness, changes in sleep and eating patterns, and loss of interest in activities they used to enjoy. These issues may persist into adulthood.•Health complaints•Decreased academic achievement—GPA and standardized test scores—and school participation. They are more likely to miss, skip, or drop out of school.•A very small number of bullied children might retaliate through extremely violent measures. In 12 of 15 school shooting cases in the 1990s, the shooters had a history of being bullied.

http://www.stopbullying.gov/http://www.creducation.org/resources/bullying_prevention/index.html

Page 20: Making Sense of the New Bullying Legislation HEA 1423

The Impact of BullyingThe Impact of BullyingKids Who Exhibit Bullying Behaviors Kids who bully others can also engage in violent and other risky behaviors into adulthood. Kids who bully are more likely to:•Abuse alcohol and other drugs in adolescence and as adults•Get into fights, vandalize property, and drop out of school•Engage in early sexual activity•Have criminal convictions as adults •Be abusive toward their romantic partners, spouses, or children as adults

http://www.stopbullying.gov/http://www.creducation.org/resources/bullying_prevention/index.html

Page 21: Making Sense of the New Bullying Legislation HEA 1423

The Impact of BullyingThe Impact of BullyingEffects on Witnesses 

Kids who witness bullying are more likely to:•Have increased use of tobacco, alcohol, or other drugs•Have increased mental health problems, including depression and anxiety•Miss or skip school

http://www.stopbullying.gov/http://www.creducation.org/resources/bullying_prevention/index.html

Page 22: Making Sense of the New Bullying Legislation HEA 1423

Risk Factors-TargetRisk Factors-Target• Perceived as “being different” from peers• Perceived sexual orientation• Perceived ability/disability level• Perceived socioeconomic status• Poor social skills• Socially isolated/few friends• Overweight/underweight• Many more….basic premise of “perceived

difference”

Page 23: Making Sense of the New Bullying Legislation HEA 1423

Responding to HEA Responding to HEA 14231423

Page 24: Making Sense of the New Bullying Legislation HEA 1423

Doing the BasicsDoing the Basics•Follow your policy and handbook•Process all complaints•Investigate all complaints•If substantiated, do something about it•Follow up to see how the response to the substantiated harassment is working

Page 25: Making Sense of the New Bullying Legislation HEA 1423

Do NOT:Do NOT:• Discount any complaint of bullying or harassment• Think “kids will be kids”• Move or otherwise alter target’s education

without clear consent and choice

Page 26: Making Sense of the New Bullying Legislation HEA 1423

Intervention Intervention StrategiesStrategies

For Targets - •Ongoing individual support (school counselor/social worker).•Outreach to parents to provide resources/information.•Referral to a mentoring program

oPeer or adult mentoring

•Increase school connectednessoAssist in helping student finding clubs/groups/activities in which to participate.

Page 27: Making Sense of the New Bullying Legislation HEA 1423

Intervention StrategiesIntervention StrategiesIntervention Strategies Appropriate for Bulliers (students exhibiting bullying behaviors)•Psycho-educational Individual Support

– Empathy Building/Training– Focus on increasing emotional intelligence– Communication Skills Development– Knowledge of Impact of Bullying on Others

•Provide clear and consistent consequences to all student bulliers•Increase School Connectedness

– Involvement in after-school programs: assist in helping student finding clubs/groups/activities

•Positive Behavioral Interventions and Supports (PBIS); for more information visit: http://www.pbis.org/•Referral to a mentoring program (peer or adult mentoring)

Page 28: Making Sense of the New Bullying Legislation HEA 1423

Follow-Up Services Follow-Up Services (Cont.)(Cont.)

Strategies to AVOID

•Group Counseling: Please do not provide group counseling to targets or bulliers•Peer Mediation: Peer mediation programs are a wonderful school resource to assist in conflict resolution, but it should never be used in a bullying situation.•Inconsistent Responses: It is critical to provide fidelity regarding your school’s policy on bullying prevention and intervention. •Zero Tolerance Policy: please see “Multiple Responses, Promising Results: Evidence-based, Nonpunitive Alternatives to Zero Tolerance,” for more information.•Do not put the onus to address the bullying on the target

Page 29: Making Sense of the New Bullying Legislation HEA 1423

School Community School Community ProceduresProcedures

Reporting & Investigative•All school employees ,volunteers, and contracted service providers who have contact with students, are required to verbally report alleged violations to the principal or principal’s designee on the SAME day of incident.•They are required to to submit a report in writing to the school principal within one school day of the verbal report.•The investigation shall be initiated within one school day of the report.•The investigation shall be completed and written findings submitted to the principal, no later than five school days from date of written report of alleged incident.

Page 30: Making Sense of the New Bullying Legislation HEA 1423

Parent & Student Parent & Student ProceduresProcedures

• Students, parents and visitors are encouraged to report alleged violations to the principal on the same day when the individual witnessed or received reliable information regarding any such incident.

• Reports may be submitted anonymously.o Formal action may not be taken solely on the basis of an anonymous

report.

• Parents of involved students shall be provided with information about the investigation in accordance with Federal and State law and regulation.

Page 31: Making Sense of the New Bullying Legislation HEA 1423

Anonymous ReportingAnonymous Reporting• Reporting forms will be available in the office of

the Administration building.• They can be placed in a marked box when

completed.• Those forms will be reviewed daily.

Page 32: Making Sense of the New Bullying Legislation HEA 1423

Disciplinary ActionsDisciplinary ActionsDiscipline provisions for teachers, school staff, or school administrators•School employees who fail to initiate or conduct an investigation, or who witnesses or observes a bullying incident but fails to take sufficient action may be subject to disciplinary action.Discipline provisions for students•Consequences and appropriate remedial action for a student who commits an act of bullying may range from positive behavioral interventions up to and including suspension or expulsion.

Page 33: Making Sense of the New Bullying Legislation HEA 1423

False Reporting False Reporting ProceduresProcedures

False Reporting•The principal is expected to respond with consequences and remedial actions regarding any person found to have falsely accused another as a means of bullying as permitted under HEA 1423 for: •1) Students – Consequences and appropriate remedial action for a student could range from positive behavioral interventions up to and including suspension or expulsion.•2) School Employees – Consequences and appropriate remedial action could entail discipline in accordance with district policies, procedures and agreements. •3) Visitors or Volunteers –To be determined by the school administrator after consideration of the nature, severity and circumstances of the act, including law enforcement reports or other legal actions

Page 34: Making Sense of the New Bullying Legislation HEA 1423

Summary Summary Bullying in schools is everyone’s problem.

As we move forward….1.Focus on school corporation compliance with HEA 1423 by developing policy, protocols and a delivery plan for age appropriate, research-based bully prevention curriculum2.Utilize resources provided through the IDOE Bullying Prevention and Intervention Website3.Move beyond minimal compliance by developing an effective, comprehensive bully prevention and intervention program

Page 35: Making Sense of the New Bullying Legislation HEA 1423

ResourcesResources• www.state.nj.us/education/parents/bully.htm • http://www.stopbullying.gov/index.html

• http://kidshealth.org/teen/your_mind/problems/bullies.html

• http://www.bullyingstatistics.org/