Bullying Prevention-Implementation and Practices

Zachary Christian EDL 725 Summer 2013

http://shrewsbury.net/?p=6203

 It is very important to know what IS and ISNT

bullying. A common rule of thumb is that bullying is a REPEATED action, whether it be physical, verbal or psychological in nature. A student who jokes to another about a bad shooting performance is not bullying; however, a student who ridicules another on the team for being overweight after each practice is bullying. Chuckling about how Megan sets the curve on each math test is not bullying; however, a student physically intimidating her into copying homework and tests is bullying.

 Here are the three main warning signs of bullying

according to the American Psychological Association (APA) #1: Intentions to cause harm. #2: Repeated incidences of harm. #3: An imbalance of power between perpetrator and victim. (www.apa.org/education/k12/bullying.aspx)
Hitting, kicking, shoving, name-calling,

spreading rumors, exclusion and intimidating gestures (e.g., eye rolling) by powerful peers are all examples of behaviors that constitute bullying (apa)

 Why do kids bully?

Here are the common themes: #1- Body type Sexual Orientation Academic success or failure Cognitive impairments or speech impediments Different ethnic background from main student body Being exceedingly rich

Problems with not identifying bullies

From an administrative perspective, there are many

issues with either not identifying bullies or not following up with board policy if bullying has been identified.
Shore Regional High School Board of Education vs

P.S., (2004). Ruled that an LEAs failure to protect a ninth-grade New Jersey student from severe and prolonged verbal and physical harassment by fellow students constituted a denial of FAPE. (Huefner 184)

Nabozny vs Podlesny (1996)

Jamie Nabozny was a student in Wisconsin who was

continually harassed and physically abused by his peers because of his sexual orientation. Nobazny reported the harassment on many different occasions to administrators. At one point male students pinned him down and pretended to rape him, to which the administration said boys will be boys. The court ruled this lack of enforcement was a violation of Naboznys Fourteenth Amendment right to equal protection and the school had to pay over $1 million in damages. (http://caselaw.findlaw.com/us-7th-circuit/1205454.html)

 As an administrator, one must take bullying

allegations seriously and must investigate. This includes all school events; including on busses, field trips and off-campus events as well as cyberbullying on telecommunication devices issued by the school.
The immunity a school employee receives for a

good faith report does NOT apply to the school official who is responsible for the remedying of the bullying situation. This is crucial to know because each school must identify by job title who handles the bullying policy and that is it followed to the letter.

Follow due process

Morrow v Balaski (2013) 3rd Circuit rules not constitutional duty to protect

student from known racial assaults and bullying by fellow student (http://legalclips.nsba.org/?p=21135)
Brittany and Emily Morrow attended Blackhawk

High School (Penn) and were tormented and physically assaulted by another student. The school district did everything in their code of conduct (even prosecuting the another student criminally) but the harassment continued. The school suggested the girls switch schools as they could not guarantee their safety. Brittany and Emily eventually did switch schools.

Long v. Murray Cnty. Sch. Dist. (2013)

Eleventh Circuit three-judge panel has ruled that a

school district was not deliberately indifferent to peer harassment of a deceased disabled student.
(http://legalclips.nsba.org/?p=21387)

A federal district court in Georgia determined that a

high school student who hanged himself in 2009 likely was treated to severe bullying throughout his high school career, but the school system had responded effectively every time school administrators were alerted that the teen had been bullied. If the district follows protocol there is a precedent from the courts that they will be protected. On the flip side, if things get swept under the rug, the district will likely be at fault.

Funding
As part of NCLB, there was a subsection called safe

and drug free schools. There was funding for this through Title IV-A, but that funding may not be available at this time. Here were the rates of funding for the 2008-09 school year.
http://www.michigan.gov/documents/mdch/2008-

09_Allocation_Correct_Version_237042_7.pdf

Many schools currently use at-risk money for these

programs. Other funds may be available for in-service training. Foundation monies may be available in your community. Local businesses may donate money to the program.

Programs
There are a myriad of wonderful programs that

schools can choose for bullying prevention. Capturing Kids Hearts

A program that East Kentwood, Fremont and other area schools use that is very effective. Here is a video from EKPS:
http://www.youtube.com/watch?v=WZu7d3CWtJc

Helping Kids Get Along

Dr. Marcia McEvoy is an expert in school bullying prevention, and she is available to train with in-services and seminars. Here is an example of some of her work:
http://www.fhps.net/thornapple/files/2011/08/What-Parents-Can-Do.pdf

Be Nice Campaign
Schools such as Grandville and Cedar Springs are involved in this program sponsored by the Mental Health Foundation of West Michigan. Here is a short clip: http://www.youtube.com/watch?v=gRjc29nGGTs

Bibliography
Huefner, D. S., & Herr, C. M. (2012). Navigating Special Education

Law and Policy (new ed., p. 184). Verona, WI: Attainment Company Inc. Graham, S. (2013). Peer harassment. In Bullying: A Module for Teachers. Retrieved July 28, 2013, from http://www.apa.org/education/k12/bullying.aspx# Long v. Murray Cnty. Sch. Dist. No. 12-13248. (2013, June 20). In Eleventh Circuit adopts deliberate indifference standard in ruling that Georgia district was not liable for suicide attributed to peer harassment. Retrieved July 24, 2013, from http://legalclips.nsba.org/?p=21387 Morrow v Balaski, No. 11-2000. (2013, June 20). In 3rd Circuit rules no constitutional duty to protect student from known racial assaults and bullying by fellow student. Retrieved July 24, 2013, from http://legalclips.nsba.org/?p=21135 Matt's Safe School Law. (2011, December 6). In Section 380.1310b. Retrieved July 20, 2013, from http://www.legislature.mi.gov/(S(wfk5qxq2rcdk3b45ffswixzb))/mileg.a