tennessee passes new bullying, cyberbullying, & harassment law

NOWWHAT?

TENNESSEE PASSES NEW BULLYING, CYBERBULLYING,

& HARASSMENT LAW

Our PLAN today…• Why were you invited?• What are we here to do?• What is today’s ultimate goal?• How long will we meet today?

Why were you invited?• The 1st goal is to create a

Bullying/Harassment Prevention Team consisting of parents, students, and staff.

7/1/12~Bullying Prevention Process• 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.

What are we here to do?• 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:–“Harassment, intimidation, or bullying” as

any act that substantially interferes with a student’s educational benefits, opportunities, or performance

• If the act takes place on school grounds, at a school activity, on a school bus or at a school stop, 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 off school property and unconnected with a school activity, 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–REMEMBER, it is: “any act that

substantially interferes with a student’s educational benefits, opportunities, or performance.”

–“Cyber-bullying” means bullying undertaken through the use of electronic devices–“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–“Hazing” 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.

This policy shall include:• 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.

Negligence standard: 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.

Liability under federal law: 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; andschool officials weredeliberately indifferentto the harassment.

NEXT MEETING?• 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_____