TENNESSEE PASSES NEW BULLYING, CYBERBULLYING, & HARASSMENT LAW • Why were you invited? • What are we here to do? • What is today’s ultimate goal? • How long will we meet today? • The goal is to create a Bullying/Harassment Prevention Team consisting of parents, students, and staff. st 1 • Tenn. Code Ann. § 49-6-1016(a) provides, “each school district shall adopt a policy prohibiting harassment, intimidation, bullying, or cyber-bullying.” • School districts are encouraged to develop the policy after consultation with parents, school employees, volunteers, students, administrators, and community representatives. • Determine if our current board policy is adequate to address the new law requirements. • Look at the board policy (in your packet) • Compare it to (13) required components • But first, let us look at the state’s definitions relevant to this policy. AS DEFINED BY TN CODE ANNOTATED § 49-6-1015: as any act that substantially interferes with a student’s educational benefits, opportunities, or performance • If the act takes place the act has the effect of – Harming a student or damaging his property; or – Placing a student in fear of harm to himself or damage to his property; or – Causing emotional distress to a student; or – Creating a hostile educational environment; or • If the act takes place , the act –Is directed at a specific student or students; and –Has the effect of creating a hostile educational environment; or –Creates a substantial disruption to the education environment or learning processes means bullying undertaken through the use of electronic devices include, but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, electronic mail, instant messaging, text messaging, and web sites. • Tenn. Code Ann. § 49-2-120 defines means any intentional or reckless act in this state, on or off LEA property, by one (1) student acting alone or with others, that is directed against another student, that endangers the mental or physical health or safety of that student or that induces or coerces a student to endanger that student’s mental or physical health or safety. Is this law really necessary? • • • • • According to ABC News 20/20 online, every day 160,000 kids across the country miss school because of bullying. Bullying is not just limited to physical abuse and teasing. Social sites such as Facebook, Myspace, and texting are the new battlefields for bullying. • One out of three teens have been threatened over the Internet. • More than one fourth of young people have experienced bullying through some form of technology. • More than 50% of adolescents do not divulge cyber bullying to their parents or guardians. • A statement prohibiting harassment, intimidation, bullying, or cyberbullying (HIBC). • A definition of HIBC. • A description of the behavior expected from each student. • A statement of the consequences & appropriate remedial action for a person who commits HIBC. • A procedure for reporting an act of HIBC anonymously. • A procedure for prompt investigation of a report of HIBC. • A statement of how the school district shall respond after an act of HIBC. • A statement of the consequences & appropriate remedial action for a person found to have committed HIBC. • A statement prohibiting reprisal or retaliation against a person who reports HIBC. • A statement of consequences for someone who falsely accuses another of HIBC. • How the policy will be publicized. • Job titles of school officials responsible for seeing that the policy is implemented. • A procedure for discouraging & reporting conduct aimed at defining a student in a sexual manner or ID conduct impugning the character of a student. The board will be liable if School officials knew or should have known of the bullying; and failed to exercise reasonable care to prevent it. The board will be liable if…The harassment is based upon the victim’s race, color, national origin, sex, or disability status; The harassment interferes with an educational opportunity; and school officials were deliberately indifferent to the harassment. • SET THE DATE & TIME. • WHAT IS THE PLAN FOR MTG. #2? • REVIEW THE BOARD POLICY TO BE PRESENTED TO THE BOARD FOR REVIEW AND/OR APPROVAL • DETERMINE SCHOOL PROCESS FOR HANDLING COMPLAINTS THANK YOU FOR AGREEING TO SERVE ON THIS COMMITTEE! OUR NEXT MEETING WILL BE: ____Feb. 1st, 10:00 am_____