DO YOU BELIEVE YOUR CHILD IS BEING BULLIED
OR HARASSED IN SCHOOL?
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How does the law define bullying?
Harassment, which
includes, bullying and intimidation, can take place between one or more students against another student, or between a teacher,
or other school employee against a student on school property, at school sponsored functions, or on a school bus. .
Kinds of Harassment/bullying include:
Physical,
such as spitting, pushing, stealing, hitting the student Verbal/Written (including
internet postings, texting), such as name-calling, threats, taunting, teasing the student Psychological, such
as avoiding/excluding a child, extortion, intimidation, spreading rumors about the student. Usually, there must be repeated incidents, and/or the conduct must be considered severe,
and/or the conduct may cause the school climate to become hostile, intimidating, or offensive to the student.
The bullying or harassment is motivated by certain characteristics
of the student whether or not the student actually has these characteristics, such as: Race, color, religion,
ancestry, national origin, gender, sexual orientation, gender identity and expression, mental, physical or sensory disability,
or any other distinguishing characteristic. The bullying or harassment
must harm the student, or damage his/her property, or cause the student to be afraid that he/she or his/her property will
be harmed, or cause disruption or substantial interference with the orderly operation of school.
Signs of Bullying
Children
who are bullied may show these signs:
1) Increasingly withdrawn or wanting to be alone
2) Significant drop in grades
3)
Significant change in eating habits
4) Unexplained injuries,
bruises or cuts
5) Comes home from school with torn, damaged, or
missing clothing, books and belongings
6) Uncomfortable with
peers No or few friends Physically weaker or smaller than peers Academically weaker or different than peers
7) Has a difficult time defending him/herself
8) May pretend that nothing is wrong because of feelings of humiliation
9) May become reluctant to go to school, or take school bus
10) May claim to be ill, or start to get stomach and/or head aches, or nightmares
Children who bully may have one or more of the following characteristics:
1)
Aggressive towards or tease students who are weaker than him/herself
2) Poor self-esteem/sensitive about criticism despite
appearance of confidence
3) Have been bullied themselves outside of school
4) Popular with peers/ good student
What can parents do?
1) As soon
as parents become aware of potential bullying, they should report the incidents of harassment in writing to the principal
and their child's teacher.
2) Parents should report the incidents of harassment by a teacher or other staff member,
in writing, to the principal, appropriate teachers, and, if applicable, the Director of Special Education and case manager,
as well as the school Superintendent and the local Board of Education.
Physical and Sexual Abuse should be reported to the police.
Parents should ask the Principal or the Superintendent for copies of the school district's policy regarding
harassment and the student code of conduct.
What
can parents do, if their child has special needs?
1) Because students with disabilities are more likely to
be harassed than other students, parents/other caregivers should pay special attention to changes in their child's attitude
towards school and behavior at home.
2) Parents can be pro-active in helping the school create a safe climate for their
special needs child by discussing this issue with teachers and the principal and if possible, by being involved in their
child's school
3) If their child is in Special Education and has an IEP, report any incident in writing to the Director
of Special Education, their child's case manager, the principal and the teacher who has witnessed the complained of behavior.
What must the school do?
Schools have a duty to protect children in their care from harassment
by other students or by school staff - but only if they know, or should have known about it.
1) Every school
district must include in its written code of conduct, a statement that the following conduct is prohibited: student- on-student
harassment, intimidation and bullying, retaliation against someone who reports an act of bullying , harassment and intimidation,
and making false allegations of bullying. This statement must also be included in the student handbook along with
the consequences for this conduct.
2) Every school district's written policies must include a procedure for reporting
bullying/harassment and a remediation plan aimed at stopping this conduct.
3) Once a report is made, the school principal
must immediately investigate the complaints by speaking to the concerned individuals as well as appropriate staff.
4)
School districts must provide training and education regarding their harassment policies to staff, students.
If the Principal concludes that harassment occurred, appropriate consequences
could be:
a reprimand, temporary removal from class, deprivation of privileges, detention, in school or
out-of-school suspension, legal action, including an expulsion.
Remedial measures that a school district should implement to prevent further harassment could include:
Student counseling, parent conferences, referral to the child study team for a behavioral assessment or evaluation,
behavioral management plan, small or large group presentations to fully address the unacceptable behaviors and responses
to such behaviors, mediation and peer support group counseling and adoption of research based bullying prevention programs,
a school wide assembly, professional development plans for staff, revision of past school policy and procedures , modification
of student routes to and from school, use of adult monitors in hallways, cafeteria, and on busses.
When a student with disabilities is the victim of harassment:
The
IEP should include provisions, plans and goals to address these issues, including possible change in placement.
The school district must take reasonable steps to end the harassment, bullying or intimidation.
What should parents do, if despite reporting
the incident/incidents, the school has not taken reasonable steps to end the harassment or bullying?
1) If
the incidents don't stop, parents should contact, in writing, the Superintendent, the Board of Education, and the Director
of Special Education to request that alternative remedial measures be taken immediately.
2) If the school
district still has not taken reasonable steps to stop the bullying or harassment, parents may file
a complaint with the California Division of Civil Rights, Department of Law and Public Safety. In addition, if a child
has an IEP, a parent may file for mediation or Due Process with the Office of Special Education at the California Department
of Education.