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THE SAFE AND SUPPORTIVE SCHOOLS ACT. Presented by: Ellen Dulas, HS Counselor Tanya Schroyer, MS Counselor Paige Thompson, Elementary School Social Worker. What conduct does this law prohibit?.
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THE SAFE AND SUPPORTIVE SCHOOLS ACT Presented by: Ellen Dulas, HS Counselor Tanya Schroyer, MS Counselor Paige Thompson, Elementary School Social Worker
What conduct does this law prohibit? • The six elements that must be present for bullying to be reported to the state, include: 1 Student to student contact2 Occur in a location/forum identified by the statute.3 Consist of “intimidating, threatening, abuse, or harming” conduct.4 Be “objectively offensive”5 Meet either the “imbalance of power” or “material disruption”6 Plainly offensive speech • Training is required for all school staff, volunteers, contractors at least every 3 years
Student to Student Conduct • The Act only applies to student-to-student conduct. • The Act applies to public school students and school-aged children who voluntarily participate in public school activities or co-curricular or extracurricular activity (sports, prom, etc).
Locations Identified by the Statute: • The act applies student conduct occurring: • On school premises, at school functions or activities, or on school transportation. • By use of electronic technology & communications on school premises, during school functions or activities, on school transportation, or on school computers. • By use of electronic technology and communications off of school premises, if such use substantially and materially disrupts student learning or school environment.
Intimidating, Threatening, Abusive, or Harming Conduct • Causes physical harm to a student or student’s property or causes a student to be in reasonable fear or harm to person or property. • Under Minnesota common law, violates a student’s reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress (intentional & extreme). • Is directed at any student(s), including those based on actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation etc.
Objectively Offensive Standard • Only prohibits conduct that is objectively offensive • Does not define the term “objectively offensive.” • Case-by-case basis. • An act that a reasonable person would find hostile or abusive & one that the victim perceives to be so. • Consider: • Frequency, severity, nature of conduct (physical, humiliating, offensive, etc), unreasonable interference with victim’s performance
Imbalance of Power or Material Disruption • Only prohibits conduct when there is “an actual or perceived imbalance of power” between the student engaging in conduct and the target • Factors like age, social status, physical characteristics, economic status, influence, etc. • Must be pattern of repeated behavior • Conduct “materially and substantially interferes with a student’s educational opportunities, performance, or ability to participate in school functions”
Cyberbullying • “Bullying using technology or other electronic communication” • Must meet the 6 elements • Remember, this can be on-school premises or off school premises if such use substantially and materially disrupts the school environment
Other Prohibited Conduct • Retaliation for asserting, alleging, or reporting • Knowingly making a false report about bullying • Not a violation to file a report that is unsubstantiated or make a mistake • Be very careful with this.
Remedial Efforts • Discipline alone is insufficient. • Act emphasizes remedial measures as a “measure to stop and correct prohibited conduct, prevent prohibit conduct from recurring, and protect, support, and intervene” • Create a positive school climate • Evidence-based social emotional learning • Instruction aimed at • Reducing prohibited conduct, valuing diversity, improving problem solving, managing conflicts, and engaging in civil discourse • Social skills, coaching, counseling, student council, include parents/community members, character education, etc.
Key Points for Staff • Requires all employees who witness prohibited conduct to make reasonable efforts to “address and resolve.” • Negligence remains an issue for staff. Make sure you are reporting what you are seeing. • Each building must have system for anonymous reporting. • Review the bullying policy. It can be found under the School Board Documents on school website.
Elementary Process • Roles of Primary Reporter (Don) • Responsible for receiving reports and leading investigation. • Must be accessible and available. • Must begin investigation within 3 school days. • Provide school response including notification of parents, remedial response, and community resources. Include IEP team as needed. • Don will handle investigation with students and communicating with parents. He will also discipline as needed. • Paige will continue to take bully box and verbal reports and lead remedial efforts and restorative practices. The two will collaborate to meet needs. • When bullying is witnessed or alleged, make sure report is given to one or both of the individuals. • Working together as a team of paras, teachers, drivers, administrator, etc. is going to be most beneficial!
Middle & High School Process • Roles of Primary Reporter (Cory) • Responsible for receiving reports and leading investigation. • Must be accessible and available. • Must begin investigation within 3 school days. • Provide school response including notification of parents, remedial response, and community resources. Include IEP team as needed. • When bullying is witnessed or alleged, make sure report is given to Cory.
