Technology Teacher 04/13/2016

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  -School personnel must report and/or investigate all incidents of bullying and take appropriate action whether they personally observe incidents or learn of them by some other means. Reporting, investigation and action must occur even if the victim does not file a formal complaint or does not express overt disapproval of the incident. Adult non-intervention establishes a climate of fear, reinforces students’ beliefs that bullying is “normal” and must be tolerated, and enables the bullying behavior. Furthermore, non-intervention may expose the school district to potential liability. STAFF RESPONSE PROTOCOL INTERVENE - Staff members must intervene immediately or as quickly as reasonably possible to address bullying behavior. a) Identify bullying behaviors. Focus on the behavior not the person. Refer to the classroom or school rules. b) Stop the behavior. Get in between target(s) and perpetrator(s) if safe to do so. Resist the temptation to dismiss the bullying as normal (“boys will be boys” and “girls will be girls”) behavior for that age. c) Conference with the student(s) SEPARATELY. INVESTIGATE – All reports of bullying incidents should be recorded and investigated in a timely fashion – within 24 hours (when possible) of receiving initial report. All reports of bullying should be addressed by any District employee to whom bullying is reported or who observes actions that appear to constitute bullying. All staff should receive training to recognize what constitutes bullying under the statutory definition. Interview student(s) exhibiting bullying behavior and the target/victim(s) separately to avoid further victimization of the target. (a) Engage the target/victim first: (i) Focus on his/her safety. (ii) Reassure him/her that the bullying behavior will not be tolerated and that all possible steps will be taken to prevent a reoccurrence. (iii)Ask what happened and how he/she feels about it. (iv)It is generally best to advise the student to walk away/ignore the behavior, use humor to dismiss it, tell the bully to stop and/or seek help from an adult. It is not advisable to suggest the victim stand up to the bully or fight back. (v) Involve the victim in a peer support group, or cooperative learning group or offer counseling if needed. (vi)Ask student to log any future bully/victim situations for the purpose of providing documentation. For the perpetrator: (i) Have the student identify the problem using an I statement. If they are unable to admit to a problem, say “I’ve been hearing that…” or “I have observed you…” (ii) Ask questions and gather information. Praise honesty. (iii)Ask “What was wrong with what you did?” (iv)Ask “What problem were you trying to solve?” (not “Why did you do it?”) (v) Ask “Next time you have that problem, how will you solve it?” (vi)Remind the student of the school rules and policies, expectations for behavior and his/her personal responsibility for the learning environment. (vii) Utilize remediation measures and consequences according to the Bullying Matrix. If a student reports bullying behavior to a staff member, do not dismiss it as tattling, particularly if the student reporting is trying to keep another student safe. Thank the student who made the report! REPORT - All bullying incidents should be reported to the Coordinator using the Bullying Incident Report Form. a) Repeated or severe incidents should be promptly referred to school administration. b) All information concerning complaints or incidents of bullying should be treated confidentially at all times. When talking with parents, teachers and administrators cannot name the other students involved and cannot indicate disciplinary measures utilized. c) Inform the parents of the bully and the victim of the behavior as quickly as possible. A call home the same day is preferable, followed by an appointment at school with the parents if necessary. Early intervention is most effective before patterns of behavior are established. Invite the parents to collaborate on a solution. Do not bring the parents of the victim and the bully together. REMEDIATION AND CONSEQUENCES - It is the responsibility of the adult staff to use violations of the school rules as opportunities to help students improve their social and emotional skills, accept personal responsibility for their learning environment, and understand consequences for poor choices and behaviors. A clear distinction exists between remediation and consequences. a) Remediation, intended to counter or “remedy” a behavioral mistake, can be an effective prevention practice. Remediation measures are intended to correct the problem behavior, prevent a reoccurrence, protect and provide support for the victim and take corrective action for documented systemic problems related to bullying and harassment. Remediation measures allow the student an opportunity to reflect on behaviors, learn pro-social skills and make amends to those affected. b) Consequences, tend to be punitive in nature and should be used only when appropriate and almost always in conjunction with remediation measures.

• NH's Anti-Bullying Law - Bully Free New Hampshire

  • New Hampshire's new anti-bulling law was signed on June 15, 2010 by Governor Lynch
  • All pupils have the right to attend public schools, including chartered public schools, that are safe, secure and peaceful environments.
  • legislature's highest priorities must be to protect our children from physical, emotional, and psychological violence by addressing the harm caused by bullying and cyberbullying in our public schools.
  • Bullying in schools has historically included actions shown to be motivated by a pupil's actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.
  • It is the intent of the legislature to protect our children from physical, emotional or psychological violence by dealing with bullying, harassment, intimidation, and cyberbullying of any kind in our public schools, for all of the historical reasons set forth in this section, and to prevent the creation of a hostile educational environment.
  • The purpose of this chapter is to protect all children from bullying and cyberbullying, and no other legislative purpose is intended, nor should any other intent  be construed from the enactment of this chapter.
  • "Bullying" means a single significant incident or pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which:
  •  (1.)  Physically harm a pupil or damage the pupil's property;
                                        (2.)  Cause emotional distress to a pupil;
                                        (3.)  Interfere with a pupil's educational environment; or
                                        (4.)  Creates a hostile educational environment; or
                                        (5.)  Substantially disrupt the orderly operation of the school.
    
  • "Bullying" shall include actions motivated by an imbalance of power based on a pupil's actual or perceived personal characteristics, behaviors, or beliefs, or motivated by the pupils association with another person and based on the other person's characteristics, behaviors, or beliefs.
  • "Cyberbullying" means conduct defined in paragraph I of this section undertaken through the use of electronic devices.
  • "Electronic device" including, but not limited to, telephones, cellular phones, computers, pages, electronic mail, instant messages, text messaging, and websites.
  • "Perpetrator" means a pupil who engages in bullying or cyberbullying.
  • " School Property"  means all real property and all physical plant and equipment used for school  purposes, including public or private school buses or vans.
  • "Victim" means a pupil against whom bullying or cyberbullying has been perpetrated.
  • Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3
                           (a.)  Occurs on, or is delivered to, school property, or a school-sponsored activity or event on or off school property; or
                           (b.)  Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil's educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event. 
  • A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or another person may report bullying or cyberbullying.
  • A procedure outlining the internal reporting requirements within the school or school district or chartered public school.
          (h.) A procedure for notification, within 48 hours of the report, to the parent or guardian of a victim of bullying, harassment, intimidation, or cyberbullying and the parents or guardians of the perpetrator or the bullying, harassment, intimidation, or cyberbullying. 
  • A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, indentifying either the principal or the principal's designee as the person responsible for the investigation and the manner in which the results of the investigation shall be for the investigation and documentation or reports for up to an additonal 7 school days, if necessary.  The superintendent or superintendent's designee shall notify in writing all parties involved of the granting of an extension.
  • A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.

• National Youth Rights Association » Searches and Seizures in Public Schools

  • The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures
  • While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students.
  • The Fourth Amendment of the Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
  • so one should naturally assume that persons under 18 should be afforded the same protections as anyone over 18
  • The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O.
  • After being brought to the principal’s office one of the girls, T.L.O., denied that she had been smoking
  • “It is now beyond dispute that “the Federal Constitution, by virtue of the Fourteenth Amendment, prohibits unreasonable searches and seizures by state officers.”
  • Fourteenth Amendment protects the rights of students against encroachment by public school officials.” he further stated that “In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents’ immunity from the strictures of the Fourth Amendment.”
  • I would place greater emphasis, however, on the special characteristics of elementary and secondary schools that make it unnecessary to afford students the same constitutional protections granted adults and juveniles in a nonschool setting.”
  • the opinion of the court established a “reasonableness” approach to search and seizure rather than a “probable cause” approach as outlined in the constitution.
  • such wordings as: “reasonable grounds for suspecting that the search will turn up evidence”, “reasonably related to the objectives of the search”, “reasonably related in scope” clearly the court has created a new way to apply this law based on no precedent or prior interpretations
  • New Jersey v. T.L.O. decision. In the case of Vernonia School District 47J v. Acton the court approved of random drug testing of athletic students based on no suspicion or “reasonableness” at all.
  • Fourth Amendment that provides for warrants and probable cause isn’t needed in all situations, and then proclaims public schools as a situation where probable cause and warrants are never needed
  • Verona School District 47J v. Acton involve a school policy of requiring random urine tests by athletes for drugs
  • Because of the broad suspicionless nature of this search it has very negative implications to the Constitution and to the promise of the Fourth Amendment in public schools and in society at large
  • lower expectation of privacy in regards to athletics.
  • The expectation of privacy regarding one’s blood would be equivalent to the contents of a safe hidden and locked inside one’s house
  • While this expectation of privacy is something to be respected it can still be violated by an individual suspicious of guilt accompanied by a probable cause and a search warrant.

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