Lee Ann LowderDeputy General Counsel

lalowder@cps.eduphone: 3-5955 fax: 3-

1769

CPS New Counselor Training January 27, 2012

No Friending Students on Facebook

Acceptable Use Policy– No use of private accounts to communicate

with students

Parental Consent for Counseling?

Not unless it’s group counseling in IEP for students with a disability

Disclosure of mental health records to Parent/Guardian

Students under 12: √ parent/guardianStudents 12-17:•If student is informed and does not

object

• If counselor does not find compelling reason to deny access

Required Disclosures to Parents

Current physical and mental condition Diagnosis Treatment Needs Services Provided Services Needed, including

medication, if any

Longitudinal Study of Bullies

60% of boys who were bullies in middle school had at least one conviction by age 24.

40% had three or more convictions.

Bullies were four times as likely as peers to have multiple convictions.

Children Who Bully are More Likely to:

Get into frequent fights/be injured in a fight Steal, vandalize property Drink alcohol Smoke Be truant, drop out of school Report poor academic achievement Perceive school as negative Carry a weapon

Children who are bullied have

Lower self esteem

Higher rates of depression

More absences

More suicidal ideation

Students doubt adults will intervene

– Only 35% believed teachers were interested in stopping bullying

– Even fewer -- 25% -- believed administrators were interested in stopping bullying

Safety of LGBTQ Students

84% reported verbal harassment 18% reported frequently hearing

homophobic remarksOnly 15% reported that school

staff intervened when they overheard these remarks

Lawrence King (1994–2008)

In 2008, this 8th grader, who had been repeatedly harassed at school because of his sexual orientation and dress, was murdered by a classmate in his Oxnard, California classroom.

CPS Student Code of Conduct

SCC Anti-Bullying Statement– The Chicago Public Schools prohibits any

and all forms of bullying by students and will not tolerate acts of retaliation for making a report of bullying.

– School staff shall identify and stop bullying behavior and refer perpetrators for appropriate discipline in accordance with this Student Code of Conduct.

27

SCC & Non-discrimination Policy

– 3-4 Offensive language, gestures based on sex

– 4-5 Battery– 5-4 Use of intimidation, credible threat

of violence, persistent severe bullying

– Report Sexual Harassment to Principal, AP or EOCO, 3-1013

LGBTQ Students

Board Rule 1-9 and CPS Non-discrimination Policy prohibit discrimination on the basis of sex, sexual orientation, gender identity and gender expression.

Nabozny v. Podlesny, 7th Cir. (1996)

Gay student – subjected to daily

verbal harassment– suffered mock rape – sustained internal

injuries from repeated kicking

– >1 suicide attemptPrincipal

– “Boys will be boys.” – “Act gay, expect

abuse.”

Principal, AP & School Held Liable

School officials violated Equal Protection by treating Nabozny differently than female students who were victims of dating violence

CPS Employee Discipline Code

– 5-9: Any cruel, immoral conduct or communication that causes psychological or physical harm to a studentDiscipline: Discharge

– 4-2: Negligent supervision resulting in psychological or physical injury to studentDisciplinary Options: 1-30 day suspension,

Warning Resolution, Discharge

Grant v. Board of Trustees of Valley View School Dist., IL Appellate Court (1997)

Students told School Counselor that HS senior made suicide threats and wrote suicide notes

School Counselor spoke with student, advised mother to take student to hospital for drug OD treatment– Did not advise mother of suicide threats

Student jumped off overpass to his death

Grant, cont’d

Mother sued District and School Counselor for failing to – Call ambulance– Inform her of

suicide threats– Implement a

Suicide Prevention program

Public Employee Immunity

Public employees and entities aren’t liable for – Injuries caused by failure to make

adequate mental examination to determine if person is danger to self or others

– Injuries resulting from diagnosing or failing to diagnose mental illness or addiction

Public Employee Liability

School employees are liable if– Conduct is intentional or done with

conscious disregard or indifference to student’s safety

– They knew or should have known that their conduct posed a high probability of serious physical harm to the student

Grant Majority, cont’d

Failure to call ambulance– School counselor’s

conduct was not intentional or indifferent because she advised mother to take student to hospital

School Counselor’s failure to advise mother of suicide threats–Court found her conduct may have been negligent, but was not intentional or indifferent

Grant Majority, cont’d

Grant Dissent

–Dissenting Judge thought the School Counselor acted with deliberate indifference to the threat and should be held liable.

–She had “knowledge of an impending danger (suicide threats) but failed to exercise ordinary care to prevent it.”

Grant Court Directive

“The suicide death of a teenager is tragic. School counselors and other school personnel should take every suicide threat seriously and take every precaution to protect the child.”

Confidentiality

Illinois School Code“No school student records or information contained therein” may be disclosed or released except to a school employee or official “with current demonstrable educational or administrative interest in the student, in furtherance of such interest.”

CPS Employee Discipline Code

3-6 Violating the confidentiality of student records– Disciplinary Options:

1-15 day unpaid suspension Warning Resolution

Albers v. Breen, Ill. App. Ct. (2004)

Seventh grader told School Social Worker/ LCSW he had been shoved and kicked and “would rather be dead than go to school.”

SSW promised mother she would not disclose the names of the bullies.

SSW gave the bullies’ names to the principal, who disciplined them.

Albers, cont’d

Parents removed student from school

Sued Principal, Social Worker and District for violating MHDDCA

Court found SSW acted in good faith in disclosing the bullies’ names because she thought the student was at risk of harm from shoving and kicking, and also because of his suicide threat.

Albers, cont’d

Thanks for your attention!

Questions?