Randall Ranes, DirectorInstructional Support Services Division

August 4, 2011

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Student Discipline Task Force: Report and Recommendations

Whooping Cough (Pertussis) Bullying* (discrimination, sexual harassment, sexual

violence, sexual assault, sexual battery, hate violence, and harassment, threats, or intimidation)

*Defined by including legal elements of bullying (California statute) and related offenses enforced under federal regulatory authority)

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Student Discipline Task Force: Report and RecommendationsFollowing a board meeting in which discipline concerns were expressed, the Superintendent was directed to form a Student Discipline Task Force to review the District discipline code and develop an action plan for the Board’s consideration.

See memo to Governing Board entitled Report and Recommendations: Student Discipline Task Force (Attachment One; also available at http://www.bcsd.com/instructionalservices/ )

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General purpose Law framework Reasonable rules Advance notice of the rules Principal/designee is only official with

legal authority to suspend from school Due (Fair) process

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The Task Force recommended and the board adopted changes to the Student Discipline Code1 (e.g., replace the progressive steps in Disruptive Behavior A with options, delete outdated information, define vague terms, and other structural changes).

1 Appendix Two highlights the changes to the Student Discipline Code section of the 2011-12 Guide for Parents and Students.

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The Task Force recommended the development of:

◦ A form teachers could use to document actions taken to help, and to discipline, a student at the classroom level

◦ A standard student discipline (office) referral form in

both hard copy and electronic forms

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The Task Force recommended:

Parent Education- Adjustments to the methods used to engage parents and to class content and scheduling

Professional Development (PD) –Add PD opportunities on discipline and discipline-related topics

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It was also recommended that:

All existing policies related to student discipline be reviewed and updated consistent with law changes

A policy on involuntary (school) transfers

of students be developed

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A rational, sensible application of the discipline code needs to be continued considering a full range of alternatives to suspension, along with suspension, and/or consequences appropriate to the misconduct, the student, and the context with a focus on learning supports or consequences most likely to prevent discipline problems and to help the student improve their behavior.

Law and an update Advantages and disadvantages

◦ Transfer students: No conditional attendance District and school efforts “The Plan" Questions

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Discrimination Sexual harassment

◦ Sexual violence◦ Sexual assault ◦ Sexual battery

Hate violence Harassment, threats, or intimidation

*Defined by including legal elements of California’s bullying definition and by including related civil right laws enforced by federal regulatory authorities

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Bullying is a substantial problem Identify/recognize bullying and the

outcomes on the victim Legal and regulatory developments

◦ Federal◦ State◦ Local

Standards for liability and enforcement District and Schools: Next steps

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A persistent pattern of intimidation and harassment directed at a student to humiliate, frighten, or isolate the student. The victim usually has no effective way to resist or end the suffering, either because of an imbalance of power or because the bully can so effectively lie his/her way out of trouble when necessary and return to retaliate.

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A national survey of U.S. youth in Grades 6-10 found that 29.9% of students reported moderate or frequent involvement in bullying, either as a bully, a victim or both (Nansel et. al, 2001)

43% of middle school educators and 21% of primary school educators report that student bullying occurs at school daily or weekly (Nolle, Guerino, & Dinkes, 2007)

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Teacher surveys suggest most do not feel they have received sufficient training to recognize bullying

Studies indicate teachers underestimate the prevalence and severity of the problem

Bias examples: ◦ Bullying is a normal part of growing up and should be

ignored (unless it involves battery or theft)◦ Kids will be kids◦ The victim of bullying will be stronger afterwards

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The negative effects of bullying on a student attendance, academic growth, and mental health are well documented (Espelage & Swearer, 2003)

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Dear Colleague Letters (Office for Civil Rights, 2010 & 2011) indicate bullying misconduct can trigger school responsibilities mandated by federal anti-discrimination statutes

U.S. Departments of Justice and Education: Civil Rights and School Discipline Conference (2010)

Civil Rights Data Collection Project: Part One of their reports includes Section 504, Part Two is pending

Inquiries by Department of Justice pending recent closure of District’s Consent Decree

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California’s recently enacted A.B. 746 broadens the bullying definition to include a post on a social network Web site and encourages schools to provide professional development on topics including bullying, discrimination and harassment

California’s recently enacted S.B. 48 will prohibit a school district from adopting materials or providing instruction that promotes discriminatory bias (Effective 1/12)

The American Civil Liberties Union of Southern California has launched a "Seth Walsh Students' Rights Project" aimed at combating bullying and discrimination in California schools

The California Legislature is additionally considering: A.B. 9 (Proposed anti-bullying legislation) A.B. 1156 (Would require school safety plans to address bullying

prevention and extend school district transfer rights to a bullying victim)

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Former Tehachapi student Seth Walsh reportedly endured years of anti-gay harassment before hanging himself at the age of thirteen

Following a seven month investigation by the U.S. Departments of Education and Justice, Tehachapi Unified will take steps to stop sexual and gender-based harassment, prevent its recurrence and eliminate a hostile environment

Promptly after the investigation Mrs. Walsh filed a wrongful death lawsuit against Tehachapi Unified (Attachment Four)

BCSD: Policy review, information in Guide for Parents and Students (Attachment Five), Professional Development, and need school-level plans (prevention [e.g., school climate], clear rules prohibiting bullying and harassment, identification, prompt investigation, actions designed to stop misconduct, and documentation of all the above steps)

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Standard for liability under federal anti-discrimination statutes: “Actual knowledge” or intentional standard

Standard for enforcement by federal regulatory agencies (e.g., OCR): Knew or should have known

Conclusion: The evidence threshold for employee action in the area of discrimination statutes is lower than the evidence for formal disciplinary action. Also, discipline, by itself may not meet federal standards which require immediate and effective steps to end the misconduct, prevent its reoccurrence, and address its effects

Documentation is required to show professional development, prevention, investigation, and action taken to prevent and intervene.

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School Obligations, Attachment Six

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