Staff Meeting

October 12 & 19, 2010

Data and Reporting Out

Nine Weeks Data Available

Shawn McCarthy

Objective Data

McCarthy

Sub group Data

McCarthy

Open Goo Links

Step by Step Instructions

Organizational Review

Teacher Formal Assessment Sheet to Organizational Review on October 20th, 2010

Field Trip Supervision

At All Times with Supervisor

Records never left out

FERPA Violation

Memorial Day Instruction

Supervision

115C-307(a)

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_115c/gs_115c-307.html

Bullying,Cyber, and Sexting

What’s Happened?

In June 2009, the NC General Assembly adopted the School Violence Prevention Act.

School Boards adopted a policy that complies with act.

Percentage of Students Affected by Violence in Schools 2007 Assaults 1.2 % Serious Violent Crime .4% Theft 3% Bullying 32%

Dept of Justice Statistics

Forms of Bullying

Direct/Physical Indirect/Emotional CyberBullying (Twice as many girls

reported as boys)

As defined by NC Law

Bullying or harassing behavior “ is any pattern of gestures or written, electronic, or verbal communications, OR any physical act OR any threatening communication that takes place on school property, at any school sponsored function, or on a school bus.

Places a student or school employee in actual and reasonable fear of harm to his or her person OR Damage to his or her property; Or

Creates or is certain to create a hostile environment by substantially interfering with or impairing a students educational performance, opportunities or benefits (Others in same environment would feel the same)

The conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.

Bullying or harassing behavior includes, but is not limited to , acts reasonably perceived as being motivated by any actual or perceived differentiating characteristics such as

Race Color Religion National Origin Academic Status Gender Identity Physical Apperance

Gender Socioeconomic status Sexual Orientation Mental, physical,

developmental, or sensory disability

An association w/person that has above

Other Provisions

No student or school employee shall be subjected to bullying or harassing behavior by school employees or students

No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with reliable information about an act of bullying or harassing behavior

EMPLOYEES MUST REPORT!

A school employee who has witnessed or has reliable information that a student or school employee has been subject to ant act of bullying or harassment SHALL report incident to the appropriate officials

A student or volunteer SHOULD also report

What happens if a school fails to take action to prevent bullying and harassing behavior?

Potential for Legal Liability

Legal grounds that have been used in the past to hold a school system or school employee liable for bullying/harassment: Negligent supervision (state tort law) Violations of US Constitutional rights (federal law) Discrimination claims under federal law based on the

fact that victims were members of “Protected class” because of their race, ethnic group, sex, or disability

Note that each of these types of lawsuits, the school system or the employee is not liable for the acts done to the victim but rather held responsible for failure to take measures to “Deal with “ the bullying/harassment situation

Significance

http://en.wikipedia.org/wiki/Virginia_Tech_massacre

http://en.wikipedia.org/wiki/Dawson_College_shooting

http://en.wikipedia.org/wiki/Red_Lake_massacre

http://en.wikipedia.org/wiki/Columbine_High_School_massacre

http://en.wikipedia.org/wiki/Heath_High_School_shooting

Negligent Supervision

Cavello v. Sherburne-Earliville CSD, 110 A.D.2d 253 (3rd Dept Ny 1985)

A brother and sister were constantly bullied, sometimes physically, mostly verbally, while attending a high school.

The school’s response was ineffectual and the bullies received little or no punishment.

Court held that the 2 students asserted a valid claim fro emotional suffering caused by continuing bullying that the school failed to address in a reasonable manner.

While a school is not an insurer of student safety, it will be held liable in damages fro a foreseeable injury proximately related to the absence of supervision.

Violation of Constitutional Rights

Flores v.Morgan Hill Unified School District,324F.3d 1130 (9th Cir.2003)

Several former students of the school district sued school administrators/employees and school board members alleging that the districts response and lack of response to complaints of student-on-student anti homosexual denied them equal protection under the law.

The court ruled in favor of students finding that there was sufficient evidence for a reasonable jury to find that the defendants acted with deliberate indifference to harassment based on sexual orientation in violation of the Equal Protection Clause.

Deliberate indifference is found if the school district’s response to harassment is clearly unreasonable.

Violations of Anti-Discrimination Statutes Vance v. Spencer County Public School District,

District, 231 F. 3d 253 (6th Cir. 2000). Over a three, a middle school girl suffered

numerous instances in which other students taunted her with vulgar language, groped her, attempted to remove her clothing, hit and shoved her and stole her homework.

The victim and her other filed numerous complaints with teachers and school administrators. School district response consisted of “Talking to” the offending students, but school officials never investigated the incidents, nor did the perpetrators receive any discipline other than “Talking to.”

Finally, the victim and her mother filed suit alleging that the school system had subjected her to intentional sexual discrimination as a result of peer as a result of peer conduct in violation of Title IX.

The jury returned a verdict a verdict in favor of the victim and awarded her $220, 000, and the school system appealed.

On appeal, the court applied this standard, established in Davis v. Monroe County School Board, 526, U.S. 629 (1999):

Schools may be held liable for student-on-student sexual harassment when the plaintiff can establish the following:

The sexual harassment was so severe, pervasive and objectively offensive that it could be said to deprive the plaintiff access to the school’s educational opportunities or benefits. (And)

The school system had actual knowledge of the sexual harassment. (And)

The school system was deliberately indifferent to the harassment.

Applying the standard established by the Supreme Court in Davis, the Sixth Circuit Court of Appeals concluded that the Spencer County Public School District was liable under Title IX for the severe sexual harassment suffered by the plaintiff.

Through the School Violence Prevention Act, The North Carolina General Assembly now requires school systems to take a number of proactive steps to prevent bullying and harassment.

School systems may be held liable for failure to take adequate measures to deal with bullying and harassment.

All students in North Carolina schools should be bale to learn in an environment that is free from bullying and harassment.

S.L. 2010-110 (H.B.1669)

Require use of EVAAS in Schools

Amends N.C. Gen Stat 115C-105.27 to require school improvement to use the Education Value Added Assessment System (EVAAS) or a comparable system approved by the SBE to analyze student data to identify root causes for problems and to determine actions to address them. Effective July 20, 2010

S.L. 2010-161 (H.B. 1757)

Fitness testing in schools Requires the SBE to adopt guidelines for

the development and implementation of evidence based fitness testing for students statewide in grades k-8 to being in 20111-2012

S.L. 2010-34 (S.B.66)

Task force to create a Comprehensive Arts Education Development plan for: Arts requirements in grades K-5Availability of all four arts disciplines in grades

6-8, with students required to take at least one arts discipline each school year;

Availability of electives at high schoolProvide input by December 1, 2010.

S.L. 2010-162 (S.B. 1248)

Early identification and intervention for at risk students

PEP Effective July 23, 2010

115C-307 (a)

Teachers, substitutes, TA’s must report acts to principal

115C-288(g)

Principal must report all acts to law enforcementEx: K assault reportCharged with misdemeanor

Cyber bullying &

Sexting

http://www.ryanpatrickhalligan.com/cyber_bullying/cyber_bullying.htm

http://en.wikipedia.org/wiki/Suicide_of_Megan_Meier

http://www.truecrimereport.com/2009/12/hope_witsell_13_commits_suicid.php

http://today.msnbc.msn.com/id/34236377

http://www.usatoday.com/news/nation/2009-09-18-iowa-sexting_N.htm

http://offender.fdle.state.fl.us/offender/flyer.do?personId=60516

http://articles.cnn.com/2009-04-07/justice/sexting.busts_1_phillip-alpert-offender-list-offender-registry?_s=PM:CRIME

http://badbadteacher.com/ryan-patrick-marshall/

http://www2.wspa.com/news/2010/

jun/07/summerville-teacher-arrested-misconduct-pupil-ar-315325/

http://en.wikipedia.org/wiki/J.S._v._Bethlehem_Area_School_District

http://www.mysanantonio.com/news/MYSA092206_03A_Rodriguez_2eb29de_html3637.html

http://www.independent.co.uk/life-style/gadgets-and-tech/news/teens-threatened-with-sexting-porn-charge-sue-prosecutor-1654687.html

G.S 14-458.1 - cyberbullying

Class I misdemeanor if under 18or older Class II misdeamenor if under 18

G.S 14-196.3-Cyberstalking

Class II misdemeanor

http://www.citmedialaw.org/threats/ramsey-v-harman#description

http://dese.mo.gov/schoollaw/freqaskques/studentsh.htm

Sexting

G.S 14-190.15

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_14/gs_14-190.15.pdf

G.S 14-190.17

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_14/gs_14-190.17a.pdf

G.S 14-190.1

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/BySection/Chapter_14/GS_14-190.1.pdf

http://www.citmedialaw.org/threats/weedsport-central-school-district-v-wisniewski

http://www.citmedialaw.org/blog/2007/court-refuses-enjoin-school-from-suspending-student-over-youtube-video