1. Bullying: From Policy
to Practice
ACSA 2014 Every Child
Counts Symposium
Jan E. Tomsky
January 17, 2014
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2. What We’ll Cover Today
Legal Definition of Bullying
 Truths about Bullying
 Anti-Bullying Policies: Required Components
 Investigation
 Bullying Prevention Tips

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3. What’s At Stake

Devastating, if not tragic, consequences for
students

District liability
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4. Bullying: Legal Definition

AB 1156:
 Amended
the definition of “bullying” in
Education Code section 48900(r) and gives it the
same meaning in the Interagency School Safety
Demonstration Act of 1985 (Education Code
section 32261):
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5. Bullying: Legal Definition (cont’d)

"Bullying"
 Any
means:
severe or pervasive physical or verbal act or
conduct, including communications made in
writing or by means of an electronic act, and
including one or more acts committed by a pupil
or group of pupils;
 Directed toward one or more pupils;
 That has or can be reasonably predicted to
have the effect of one or more of the following:
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6. Bullying: Legal Definition (cont’d)

Placing a reasonable pupil or pupils in fear of harm to
his/her/their person or property

Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.

Causing a reasonable pupil to experience substantial
interference with his or her academic performance.

Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or
benefit from the services, activities, or privileges provided
by a school.
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7. “Bullying” – Legal Definition

Ed. Code§48900(r)
 What
is a “reasonable pupil”?
 One who exercises average care, skill and
judgment in conduct for a person of his or her
age, or for a person with his or her exceptional
needs
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8. Bullying: Legal Definition (cont’d)


"Electronic act" means the transmission of a
communication, including, but not limited to, a
message, text, sound, or image, or a post on a
social network Internet Web site, by means of an
electronic device, including, but not limited to, a
telephone, wireless telephone or other wireless
communication device, computer, or pager.
AB 256 (effective January 1, 2014):

Transmission can originate either on or off the school
site
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9. “Electronic Act”

“Posting on a social network site” includes:
 Posting
to or creating a burn page (Internet
Web site created for the purpose of bullying)
 Creating a credible impersonation of another
student
 Creating a false profile
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10. Bullying: Legal Definition (cont’d)
Bullying may include:



Sexual harassment (Ed. Code § 48900.2);
Hate violence (Ed. Code § 48900.3); and
Harassment, threats and intimidation that can be
reasonably expected to materially disrupt
classwork, create substantial disorder, and invade
the rights of personnel or pupils by creating a
hostile educational environment (Ed. Code §
48900.4.)
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11. Truths About Bullying





Bullying is about power
Bullies choose targets with little social support
Many bullies are happy and self-confident; many
bullies are popular.
The “cost” of bullying behavior for the bully is an
important part of the process of change.
When targets of bullying are excluded by peers,
the bystanders add to the hurt
(Schools Where Everyone Belongs, Stan Davis.)
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12. Truths About Bullying (cont’d)




Staff inconsistency in enforcing rules makes rules
harder to enforce, even by people who believe in
them.
If rules are difficult to enforce, there will be
inconsistency.
Vague rules will not be enforced.
Inconsistency teaches bullies that their behavior is
OK. It teaches targets that they deserve to be
bullied.
(Schools Where Everyone Belongs, Stan Davis.)
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13. Truths About Bullying (cont’d)

Training is unlikely to work except as part of
a schoolwide program.
(Schools Where Everyone Belongs, Stan Davis.)
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14. AB 9 Requirements




Requires schools to adopt a process for receiving
and investigating complaints
Policy must prohibit discrimination, harassment,
intimidation, and bullying
based on actual or perceived
characteristics
Timeline to investigate and
resolve complaints
Appeal process for complaints
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15. AB 9 Requirements




Publicize anti-bullying policies, including providing
information about how to file a complaint
Post policy in schools and offices
Maintain documentation of complaints
Ensure that complainants
are protected from
retaliation
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16. AB 9 Requirements

School district anti-bullying policies must
include a requirement that, if school
personnel witness an act of discrimination,
harassment, intimidation or bullying, they
take immediate steps to intervene when safe
to do so.
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17. AB 1156 Requirements
Requires that a student who has been a
victim of bullying by another student in
his/her district of residence to be given
priority for inter-district transfers at the
request of parent or guardian
 Recommends that school districts conduct
in-services as a means to promote cyber
safety among students

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18. Implementation of Requirements

Step 1: Establish a Reporting Process
 Accept
reports in a variety of mediums, i.e.
written form, telephone, e-mail, text, in-person
 Advertise availability of reporting resources
 Advertise that reports are accepted from victims
and witnesses
 Permit reporting to be conducted anonymously
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19. Implementation of Requirements

Step 2, 3, and 4: Investigation,
Recommendation, and Follow-Up
HANDOUT
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20. Implementation of Requirements

Training: Law encourages in-services on
bullying prevention. Staff should be
educated on:
 Updated
policies and procedures
 Sexual orientation as basis for bullying
 New definition of bullying
 Reporting and investigation process
 Requirement to intervene
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21. Bullying Prevention Tips
Imbed a campaign to promote citizenship
throughout the school community in
back-to-school and school safety materials
 Evaluate and update all applicable school
policies to include responsible use of new
technology
 Implement a mechanism for the school
community to anonymously report bullying
 Parent involvement and education

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22. Bullying Prevention Tips (cont’d)
Establish District-wide or school-wide
expectations
 Implement consistent and escalating
consequences
 Create individualized intervention plans
 Respond immediately to reports of bullying

(Building a Caring School, Celeste Campbell, Ed.D)
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23. Bullying Prevention Program
Structured opportunities for aggressive
youth to reflect on and learn from their
behavior
 Support for targets and for young people
who need friends
 Classroom instruction in emotional literacy,
problem solving and crisis resolution
 Bystander training and empowerment

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24. Thank you for attending!
And thank you for all you do for
students!!
Information in this presentation, including but not limited to PowerPoint handouts and the
presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to
your specific facts and circumstances.
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25. Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances.
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26. Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances.
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27. Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances.
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