HB 1254 - Bullying Prevention Translating Policy Into Practice

1. HB 1254 - Bullying Prevention Translating Policy Into Practice Colorado Connections for Healthy Schools Coalition August 9, 2011 Presented by Carol Mehesy Program Manager, Bullying Prevention Initiative

2. Colorado Legacy Foundation • We are an independent 501 (c ) (3) that serves as a critical friend and partner to the Colorado Department of Education in the effective implementation of good public policy. • We identify promising practices, invest in innovative work, recommend policy, evaluate results, and share our findings with all Colorado school districts and schools. • We believe that every school should have an effective leader, every classroom should have an effective teacher, and every child should be healthy and ready to learn.

3. Bullying Defined “Bullying is when someone repeatedly and on purpose says or does mean or hurtful things to another person who has a hard time defending himself or herself.” • Olweus Bullying Prevention, 2010 Three components: • Imbalance of Power: people who bully use their power to control or harm and the people being bullied may have a hard time defending themselves • Intent to Cause Harm: actions done by accident are not bullying; the person bullying has a goal to cause harm • Repetition: incidents of bullying may happen to the same person over and over by the same person or group

4. Normal Conflict or Bullying? Normal Conflict Bullying • Equal power/between friends Imbalance of power/not friends • Happens occasionally Repeated negative actions • Accidental Purposeful • Not serious emotional harm Serious, with threat of physical or emotional harm • Equal emotional reaction Strong emotional reaction from victim/ from other little or no reaction from bully • Not seeking power or Seeking power/control attention • Not trying to get something Attempt to gain power/material things • Remorse/takes responsibility No remorse/blames victim • Effort to resolve problem No effort to solve problem Garrity, C., Jens. K., Porter, W., Sager, N. & Short-Camilli, C. (2004). Bonds.M. & Stoker, S. (2000).

5. How Much of a Problem is Bullying? • What percentage of high school students nationally reported being bullied according to the YRBS? • What percentage of students reported being cyber-bullied nationally? • What percentage of Colorado High School students reported being bullied on school grounds? • What percentage of gay and lesbian students in Colorado reported being bullied based on their sexual orientation? What percentage were physically assaulted?

6. Impact of Bullying on Schools Colorado Trust Bullying Prevention Initiative Findings

7. Impact of Bullying on Schools Colorado Trust Bullying Prevention Initiative Findings

8. Changes in Colorado Law • New definition • Establishes CDE Grant Program (CRS 22-93-101) • CDE & CSSRC to make available evidence-based resources on website • Conduct & Discipline Code (CRS 22-32-109.1): • Language added for dress code policy A dress code policy that ENCOURAGES SCHOOL PRIDE AND UNITY, PROMOTES UNIFORMITY OF DRESS, AND defines and prohibits students from wearing apparel that is deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress; • “Encouraged to ensure” biennial surveys, character building & designation of team • Appropriate disciplinary consequences for students who bully AND for those who take retaliatory action against someone who reports in good faith. • Reporting Requirement Behavior detrimental to the welfare or safety of other students or of school personnel, INCLUDING BUT NOT LIMITED TO INCIDENTS OF BULLYING.

9. Bullying in Colorado Law • “Any written or verbal expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including but not limited to any such behavior that is directed toward a student on the basis of his or her academic performance; or against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109*” C.R.S. 22-32-109.1(a)(X)(B)

10. Bullying in Colorado Law • *22-32-109 (1) (11) (I) The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, national origin, religion, ancestry, or need for special education services

11. Federal Guidance • Schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. • The statutes the Department of Education’s Office for Civil Rights (OCR) enforces include: • Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973 (Section 504); and Title II of the Americans with Disabilities Act of 1990 (Title II). Section 504 and Title II prohibit discrimination on the basis of disability.

12. Dear Colleague Letter • Bullying may be classified as harassment and may constitute a violation of civil rights when • It is based on race, color, creed, sex or disability and therefore violates Title IX, Title VI, Title II or Sec 504 • When it is sufficiently serious that it constitutes a hostile environment and interferes with a student’s ability to participate in and benefit from the services, activities, or opportunities offered by the school. • A district or school is responsible for responding to harassment that it knows about or should have reasonably known about and districts or schools should take active steps to address it including: • Investigate the incident • If an investigation reveals that discriminatory harassment has occurred, a school must take prompt and effective steps reasonably calculated to end the harassment • Eliminate any hostile environment and its effects • Prevent the harassment from recurring

13. Activity • Table top discussion • Read the scenario at your table and take 5 minutes to discuss how your school or district would handle this situation based on your current bullying policies • What are the strengths and challenges you face in implementing your district or school policies in this area? • Report out

14. Activity • Tips and tools for advocating for policy changes at the board and building levels

15. Translating Policy Into Practice Why Enumeration Matters • When a law enumerates categories (as HB-1245 does), it identifies types of individuals or things that need to be protected. • Research clearly demonstrates the benefits of enumeration • Enumeration protects ALL students. • Students who attend schools with polices that enumerate categories report less bullying and harassment than students who do not. • Teachers and staff in schools with enumerated policies were more likely to intervene when they witnessed bullying based on the protected categories

16. Translating Policy Into Practice Strategies for Creating Safe, Inclusive Schools • Student-led groups that focus on creating inclusive schools (e.g. Gay Straight Alliances, No Place for Hate) • Inclusive curriculum and classroom materials (e.g. Facing History and Ourselves) • Inclusive celebration of events and holidays (e.g. African American history month, mix-it-up at lunch day) • Safe spaces (stickers, posters, etc that reinforce norms and celebrate diversity) • Supportive adults – adults who let students know they are available to talk and who intervene consistently when they witness bullying or hear slurs of any kind

17. Translating Policy Into Practice Cyber-bullying • Defined as: “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices” (Hinduja & Patchin, 2009:5) • Addressing Cyber-bullying • Educate parents on what they can do to prevent cyber-bullying (internet use contracts, restrictions on cell phone services through providers) • Educate students on what they can do to prevent or respond to cyber-bullying (never take/send inappropriate pictures, report bullying on Facebook or through Safe2Tell, being an upstander) • Establish clear policies and procedures for investigating and responding to incidents of cyber-bullying

18. Translating Policy Into Best Practice • Commit to creating, providing leadership to and sustaining a positive social environment in your school • Form or identify existing team to coordinate bullying prevention efforts • Regularly assess and monitor school climate including the nature of bullying and bullying prevention • Garner staff, parent, and community support and build partnerships • Establish or revise and enforce school policies and procedures related to best practices in bullying prevention, intervention Adapted from Best Practices in Bullying Prevention – stopbullying.gov. US Department of Education and US Department of Health and Human Services

19. Translating Policy Into Practice • Train all staff in bullying awareness, prevention, and appropriate intervention • Increase active adult supervision in hot spots where bullying occurs • Intervene immediately, consistently, equitably, and appropriately when bullying occurs • Integrate time for teaching and empowering students in bullying awareness and skills in prevention, appropriate response, and reporting into academic and social activities • Continue to implement, monitor, and update bullying prevention efforts over time Adapted from Best Practices in Bullying Prevention – stopbullying.gov. US Department of Education and US Department of Health and Human Services

20. Activity • Turn and talk • Find a partner at your table and talk about which of these best practices is most challenging to implement in your school or district and why • Find a different partner at your table and talk about which of these best practices your school or district is most successful in implementing and why

21. Toward an Integrated Approach Safe and Supportive Schools Model (US Department of Education, 2010) Engagement Safety Environment Relationships Emotional Safety Physical Environment Respect for Diversity Physical Safety Academic Environment School Participation Substance Use Wellness Disciplinary Environment

22. Activity • Taking Stock and Taking Action

23. Thank You!