For those of you in the Washington State area, we invite you to join us at a workshop called, "Civil Rights in Schools 101." It will be facilitated by Linda Mangel, the staff attorney and Equity Director of the American Civil Liberties Union of Washington. See information below.
Civil Rights in Schools 101 Workshop
Facilitated by Linda Mangel, Staff Attorney and Equity Director, ACLU-WA
• Date: Wednesday, April 27, 2011
• Time: 5:30 -7:30 pm
• Place: Center for Education, Equity and Diversity (CEED), Miller Hall 005, Woodring College of Education, Western Washington University, Bellingham, Washington
Possible Topics covered:
Bullying and Harassment
Rights of pregnant students
Free Speech Rights
Discipline
Truancy
Achievement Gap
Disparate discipline
Athletics
Cyberbullying
Cell phone searches
Sponsored by the Journal of Educational Controversy and the Center for Education, Equity and Diversity at the Woodring College of Education at Western Washington University, and co-sponsored by the Whatcom County Chapter of the American Civil Liberties Union of Washington.
Showing posts with label harassment. Show all posts
Showing posts with label harassment. Show all posts
Saturday, April 23, 2011
Thursday, December 9, 2010
Student Sues School District after Enduring Years of Harassment
The problems of bullying, harassment, and the "school to prison pipeline" are some of the tragic incidents that plague our young people and our public school system. We have approached this issue several times in this blog and are planning to have an entire issue of the journal devoted to it. Below is an account from the ACLU of some litigation that it is taking on behalf of a student here in Washington State who has endured six years of harassment all during his middle and high school years.
Student Sues School District after Enduring Years of Harassment
ACLU Suit Says Aberdeen Failed to Take Steps Needed to End Severe Harassment
A student who endured severe and persistent harassment throughout junior high and high school is suing the Aberdeen School District, the ACLU of Washington announced today. The suit says that school district officials were aware of the harassment but failed to take steps reasonably calculated to end it. The ACLU of Washington is representing the student in the suit, which was filed today in U.S. District Court in Tacoma.
The school district’s failure to act created a hostile educational environment for the student. His academic progress was hindered, he was isolated at school, he felt discouraged from using his locker, and he avoided extra-curricular activities that put him in contact with his peers. Further, the student suffered extreme emotional distress and psychological damage, including an inability to concentrate on studies, serious depression, despair, and anxiety. He was diagnosed with post-traumatic stress disorder (PTSD).
“Public school officials must be held accountable when they fail to meet their responsibility to act decisively when a student is subjected to harassment by his peers. We hope that in the future other students will not have to endure what this young man faced,” said Sarah Dunne, legal director for the ACLU of Washington.
Russell Dickerson III, now 19, is an African-American resident of Aberdeen. For six years, from 2003 when he entered junior high until 2009 when he graduated high school, Dickerson was harassed by other students on the basis of his race, sex, and perceived sexual orientation.
As a student at Miller Junior High, Dickerson was called names by other students and found notes in his backpack and taped to his back calling him “stupid nigger” and “dog.” He found notes in his locker and in his school binder with viciously derogatory insults. Students tripped him in the hallways and threw food at him in the cafeteria. In one incident, three students pushed him to the floor in the hallway and smashed a raw egg on his head; only one of the students was disciplined.
The student and his parents reported the harassment to school administrators. The district Superintendent was aware of the harassment yet took no steps reasonably aimed at ending it. But an assistant principal recommended that the student consider changing his style of dress to avoid further harassment. Only after his father went to the school board did the district initiate a formal investigation of the ongoing harassment. A school insurance professional hired by the district to investigate concluded that Dickerson had been harassed but recommended no adjustments to the district’s anti-harassment policies or its implementation of them.
At Aberdeen High School, the harassment escalated, with Dickerson subjected to derogatory names including “nigger,” “nappy ho,” and “faggot.” Because he did not fit gender stereotypes for a young man and was perceived by other students to be gay, he endured derisive comments about his physical appearance and suspected sexual orientation. Dickerson suffered physical harassment, with other students pinching and fondling his chest, spitting on his head, and throwing objects at him.
In 2007 students in the district created a website mocking Dickerson and his perceived sexual orientation, and posted threatening racist comments on it. Students discussed the website at school. The district did nothing to prevent or mitigate the continuing harassment on school grounds, even after being put on notice that Grays Harbor Superior Court had issued a no contact order between Dickerson and one of his harassers who had threatened on the website to lynch him. Rather, Dickerson became the target of retaliatory harassment after reporting the website to school authorities.
In his first year in high school, an assistant principal discouraged Dickerson from reporting misconduct by the student’s peers. Nevertheless, the student and his parents repeatedly reported incidents of harassment to district administrators, both verbally and in writing. The district failed to take other steps reasonably designed to end the persistent harassment.
The lawsuit says that the deliberate indifference to ongoing harassment by Aberdeen School District, which receives federal funds, violated federal law –
Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s inaction also violated the Washington Law Against Discrimination’s protections against discrimination on the basis of race, sex, and perceived sexual orientation.
The lawsuit is seeking monetary damages to cover costs of counseling for Russell and post-secondary or vocational schooling.
Representing Dickerson are ACLU-WA cooperating attorneys Michael Scott, Joseph Sakay, and Alexander Wu of Hillis Clark Martin & Peterson P.S. and ACLU of Washington staff attorneys Sarah Dunne and Rose Spidell.
See also:
KUOW News
KUOW Puget Sound Public Radio. A service of the University of Washington
Huffington Post
American Civil Liberties Union of Washington
ACLU Related Links
•Read Russell Dickerson’s statement
•Read Russell Dickerson's father’s statement
•Read the Legal Complaint
•Watch the press conference
•Hear what Dan Savage says about the suit
Student Sues School District after Enduring Years of Harassment
ACLU Suit Says Aberdeen Failed to Take Steps Needed to End Severe Harassment
A student who endured severe and persistent harassment throughout junior high and high school is suing the Aberdeen School District, the ACLU of Washington announced today. The suit says that school district officials were aware of the harassment but failed to take steps reasonably calculated to end it. The ACLU of Washington is representing the student in the suit, which was filed today in U.S. District Court in Tacoma.
The school district’s failure to act created a hostile educational environment for the student. His academic progress was hindered, he was isolated at school, he felt discouraged from using his locker, and he avoided extra-curricular activities that put him in contact with his peers. Further, the student suffered extreme emotional distress and psychological damage, including an inability to concentrate on studies, serious depression, despair, and anxiety. He was diagnosed with post-traumatic stress disorder (PTSD).
“Public school officials must be held accountable when they fail to meet their responsibility to act decisively when a student is subjected to harassment by his peers. We hope that in the future other students will not have to endure what this young man faced,” said Sarah Dunne, legal director for the ACLU of Washington.
Russell Dickerson III, now 19, is an African-American resident of Aberdeen. For six years, from 2003 when he entered junior high until 2009 when he graduated high school, Dickerson was harassed by other students on the basis of his race, sex, and perceived sexual orientation.
As a student at Miller Junior High, Dickerson was called names by other students and found notes in his backpack and taped to his back calling him “stupid nigger” and “dog.” He found notes in his locker and in his school binder with viciously derogatory insults. Students tripped him in the hallways and threw food at him in the cafeteria. In one incident, three students pushed him to the floor in the hallway and smashed a raw egg on his head; only one of the students was disciplined.
The student and his parents reported the harassment to school administrators. The district Superintendent was aware of the harassment yet took no steps reasonably aimed at ending it. But an assistant principal recommended that the student consider changing his style of dress to avoid further harassment. Only after his father went to the school board did the district initiate a formal investigation of the ongoing harassment. A school insurance professional hired by the district to investigate concluded that Dickerson had been harassed but recommended no adjustments to the district’s anti-harassment policies or its implementation of them.
At Aberdeen High School, the harassment escalated, with Dickerson subjected to derogatory names including “nigger,” “nappy ho,” and “faggot.” Because he did not fit gender stereotypes for a young man and was perceived by other students to be gay, he endured derisive comments about his physical appearance and suspected sexual orientation. Dickerson suffered physical harassment, with other students pinching and fondling his chest, spitting on his head, and throwing objects at him.
In 2007 students in the district created a website mocking Dickerson and his perceived sexual orientation, and posted threatening racist comments on it. Students discussed the website at school. The district did nothing to prevent or mitigate the continuing harassment on school grounds, even after being put on notice that Grays Harbor Superior Court had issued a no contact order between Dickerson and one of his harassers who had threatened on the website to lynch him. Rather, Dickerson became the target of retaliatory harassment after reporting the website to school authorities.
In his first year in high school, an assistant principal discouraged Dickerson from reporting misconduct by the student’s peers. Nevertheless, the student and his parents repeatedly reported incidents of harassment to district administrators, both verbally and in writing. The district failed to take other steps reasonably designed to end the persistent harassment.
The lawsuit says that the deliberate indifference to ongoing harassment by Aberdeen School District, which receives federal funds, violated federal law –
Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s inaction also violated the Washington Law Against Discrimination’s protections against discrimination on the basis of race, sex, and perceived sexual orientation.
The lawsuit is seeking monetary damages to cover costs of counseling for Russell and post-secondary or vocational schooling.
Representing Dickerson are ACLU-WA cooperating attorneys Michael Scott, Joseph Sakay, and Alexander Wu of Hillis Clark Martin & Peterson P.S. and ACLU of Washington staff attorneys Sarah Dunne and Rose Spidell.
See also:
KUOW News
KUOW Puget Sound Public Radio. A service of the University of Washington
Huffington Post
American Civil Liberties Union of Washington
ACLU Related Links
•Read Russell Dickerson’s statement
•Read Russell Dickerson's father’s statement
•Read the Legal Complaint
•Watch the press conference
•Hear what Dan Savage says about the suit
Tuesday, September 7, 2010
"Teaching Tolerance" Challenges Agenda of Focus on the Family
In our post below, we drew our readers’ attention to a group called, Focus on the Family, who is challenging public school anti-bullying policies that draw attention to the harassment of gay and lesbian students as part of a “gay agenda.” Maureen Costello, the director for Teaching Tolerance, a publication aimed at developing greater tolerance in our schools, has come out with a statement challenging the group's agenda.
You can read their statement at: Focus on the Family Goes After LGBT Students
On their site, teachers can also order a free copy of the new Teaching Tolerance documentary, Bullied: A School, a Student and a Case that Made History.
You can read their statement at: Focus on the Family Goes After LGBT Students
On their site, teachers can also order a free copy of the new Teaching Tolerance documentary, Bullied: A School, a Student and a Case that Made History.
Sunday, September 5, 2010
Ideology vs. Sensibilities
I am often amazed at the great divide between people when ideological positions become reified to the point that we are blind to the life experiences and suffering of real individuals. This morning, I read an article in the Denver Post entitled, “Focus on Family says anti-bullying efforts in schools push gay agenda.” http://www.denverpost.com/news/ci_15928224#ixzz0yhBtHIjB The conservative Christian media ministry group sees efforts to confront the problem of bullying and cyber-bullying in the public schools as part of a “gay agenda.” In the post below, Warren J. Blumenfeld, an Associate Professor of Multicultural and International Curriculum Studies at Iowa State University, looks at the real life experiences of children who confront this kind of bullying and the devastating effects it can have.
My “Gay Agenda”:
A Response to Focus on the Family
A Commentary by Warren J. Blumenfeld
Focus on the Family, a conservative Christian media ministry organization, asserted in published accounts (“Focus on Family says anti-bullying efforts in schools push gay agenda,” The Denver Post, http://www.denverpost.com/news/ci_15928224, 8/29/2010) that gay rights advocates are forcing their viewpoints (their so-called “gay agenda”) in schools in the guise of bullying prevention.
Focus on the Family spokesperson, Candi Cushman, asserted that gay activists are the real schoolyard bullies while conservative Christians are the victims. According to Cushman, “We feel more and more that activists are being deceptive in using anti-bullying rhetoric to introduce their viewpoints, while the viewpoint of Christian students and parents are increasingly belittled.”
I have been gay most of my life, probably all of my life, and I have been involved in community organizing for the past 40 years, and I still don’t understand this term “Gay Agenda.” If you talk to two random “gay activists,” you will most likely find multiple viewpoints toward social change.
If making schools safe and welcoming spaces for students, faculty, and staff of all sexual identities and gender expressions (as well as racial, ethnic, socioeconomic class, religious, ability backgrounds, ages, everyone), then yes indeed -- this is certainly part of my “gay agenda.” Let us look at the reasons why this must be part of all of our agendas, including that of Focus on the Family.
Ryan Patrick Halligan was born in Poughkeepsie, New York in 1990. His parents described him as a rather shy boy growing up, who early on exhibited developmental delays in his speech, language, and motor skills. The family moved to Essex Junction, Vermont, where, by the fifth grade his peers bullied him at school on a regular basis. Rumors soon circulated throughout the school that Ryan was gay. By middle school in the seventh grade, his classmates continually teased and harassed him on school grounds and extended their taunts over email for having a learning disability and for allegedly being gay. On October 7, 2003, feeling that he could no longer live with the constant abuse, Ryan Patrick Halligan took his life. He was 13 years old.
Reports (Spero News, 2006) indicate that Ryan displayed many of the symptoms of youth targeted by face-to-face and on-line cyberbullying: he spent long hours on his computer, and he was secretive regarding his interactions on communication and information technologies. His parents saw him manifest a number of changes in his behavior: he increasingly lacked interest in engaging in social activities that included his peers, and he exhibited a pronounced change in his overall attitude, his appearance, and his habits.
Ryan’s father, John P. Halligan, established a web site in loving tribute to his son as a clarion call to prevent what happened to Ryan from impacting the lives of any other young people. John Halligan expressed his hope:
“This site is dedicated to the memory of our son Ryan and for all young people suffering in silence from the pain of bullying and having thoughts of suicide. We hope young people become less ashamed to ask for help when feeling suicidal. We hope adults gain knowledge from our tragedy. As a society, we need to find better ways to help our young people through their most difficult growing years (RyanPatrickHalligan.org).”
The American Psychological Association (APA) passed a resolution (2004) calling on educational, governmental, business, and funding agencies to address issues of face-to-face and cyberbullying. In the resolution, they particularly addressed acts of harassment “about race, ethnicity, religion, disability, sexual orientation, and gender identity” (p. 1). In addition, the resolution specifically emphasized the high rate of bullying around issues of sexual identity, gender expression, and disability:
“[C]hildren and youth with disabilities and children and youth who are lesbian, gay, or transgender, or who are perceived to be so may be at particularly high risk of being bullied by their peers.”
Though too late to help Ryan Patrick Halligan as someone with a disability and who was perceived as gay, possibly this resolution can assist in developing policies and can ultimately help in the reduction of bullying behaviors.
GLSEN (Gay, Lesbian, and Straight Education Network) found in its 2007 National School Climate Survey of 6,209 middle and high school students that 86.2% of lesbian, gay, bisexual, and transgender students experienced harassment at school in the past year, 44.1% reported being physically harassed, and 22.1% reported being physically assaulted at school in the past year, 73.6% heard derogatory remarks such as “faggot” or “dyke” frequently or often at school, 60.8% felt unsafe at school because of their sexual orientation, 38.4% felt unsafe because of their gender expression, and 32.7% skipped a day of school in the past month because of feeling unsafe. The report also found that the grade point average of students who were more frequently harassed because of their sexual orientation or gender expression was almost half a grade lower than for students who were less often harassed (2.8 versus 2.4).
On a positive note, the survey also discovered that schools can make a marked and powerful difference when they directly and visibly address the problem of bullying and harassment.
Students who are the targets of harassment and attacks by their peers are associated with higher rates of mental health problems. Risk factors for those targeted include increased school absenteeism, school difficulties including slipping grades, and dropping out of school. Also, they have increased risk of alcohol and drug use and abuse, as well as psychosomatic symptoms. They are also linked to serious mental health problems including depression, anxiety disorders, increased fear and withdrawal from family and peers, post-traumatic stress disorder (PTSD), low self esteem, poor body image, suicidal ideation, attempts, and completion.
Lesbian, gay, bisexual, and transgender people are integral members of families throughout this nation and the world. If Focus on the Family is seriously concerned with improving the quality of life and is truly focusing on families, they will join us in this effort to work to secure the safety and the equity of educational outcomes for all people, including our lesbian, gay, bisexual, and transgender youth.
Dr. Warren J. Blumenfeld, Associate Professor of Multicultural and International Curriculum Studies at Iowa State University. He is co-editor of Readings for Diversity and Social Justice and Investigating Christian Privilege and Religious Oppression in the United States.
Permission was granted to publish this commentary.
To view state laws on anti-bullying, go to: http://www.bullypolice.org/
To see an example of a Middle School Cyberbullying Curriculum developed by the Seattle Public Schools, go to:
http://www.seattleschools.org/area/prevention/cbms.html
My “Gay Agenda”:
A Response to Focus on the Family
A Commentary by Warren J. Blumenfeld
Focus on the Family, a conservative Christian media ministry organization, asserted in published accounts (“Focus on Family says anti-bullying efforts in schools push gay agenda,” The Denver Post, http://www.denverpost.com/news/ci_15928224, 8/29/2010) that gay rights advocates are forcing their viewpoints (their so-called “gay agenda”) in schools in the guise of bullying prevention.
Focus on the Family spokesperson, Candi Cushman, asserted that gay activists are the real schoolyard bullies while conservative Christians are the victims. According to Cushman, “We feel more and more that activists are being deceptive in using anti-bullying rhetoric to introduce their viewpoints, while the viewpoint of Christian students and parents are increasingly belittled.”
I have been gay most of my life, probably all of my life, and I have been involved in community organizing for the past 40 years, and I still don’t understand this term “Gay Agenda.” If you talk to two random “gay activists,” you will most likely find multiple viewpoints toward social change.
If making schools safe and welcoming spaces for students, faculty, and staff of all sexual identities and gender expressions (as well as racial, ethnic, socioeconomic class, religious, ability backgrounds, ages, everyone), then yes indeed -- this is certainly part of my “gay agenda.” Let us look at the reasons why this must be part of all of our agendas, including that of Focus on the Family.
Ryan Patrick Halligan was born in Poughkeepsie, New York in 1990. His parents described him as a rather shy boy growing up, who early on exhibited developmental delays in his speech, language, and motor skills. The family moved to Essex Junction, Vermont, where, by the fifth grade his peers bullied him at school on a regular basis. Rumors soon circulated throughout the school that Ryan was gay. By middle school in the seventh grade, his classmates continually teased and harassed him on school grounds and extended their taunts over email for having a learning disability and for allegedly being gay. On October 7, 2003, feeling that he could no longer live with the constant abuse, Ryan Patrick Halligan took his life. He was 13 years old.
Reports (Spero News, 2006) indicate that Ryan displayed many of the symptoms of youth targeted by face-to-face and on-line cyberbullying: he spent long hours on his computer, and he was secretive regarding his interactions on communication and information technologies. His parents saw him manifest a number of changes in his behavior: he increasingly lacked interest in engaging in social activities that included his peers, and he exhibited a pronounced change in his overall attitude, his appearance, and his habits.
Ryan’s father, John P. Halligan, established a web site in loving tribute to his son as a clarion call to prevent what happened to Ryan from impacting the lives of any other young people. John Halligan expressed his hope:
“This site is dedicated to the memory of our son Ryan and for all young people suffering in silence from the pain of bullying and having thoughts of suicide. We hope young people become less ashamed to ask for help when feeling suicidal. We hope adults gain knowledge from our tragedy. As a society, we need to find better ways to help our young people through their most difficult growing years (RyanPatrickHalligan.org).”
The American Psychological Association (APA) passed a resolution (2004) calling on educational, governmental, business, and funding agencies to address issues of face-to-face and cyberbullying. In the resolution, they particularly addressed acts of harassment “about race, ethnicity, religion, disability, sexual orientation, and gender identity” (p. 1). In addition, the resolution specifically emphasized the high rate of bullying around issues of sexual identity, gender expression, and disability:
“[C]hildren and youth with disabilities and children and youth who are lesbian, gay, or transgender, or who are perceived to be so may be at particularly high risk of being bullied by their peers.”
Though too late to help Ryan Patrick Halligan as someone with a disability and who was perceived as gay, possibly this resolution can assist in developing policies and can ultimately help in the reduction of bullying behaviors.
GLSEN (Gay, Lesbian, and Straight Education Network) found in its 2007 National School Climate Survey of 6,209 middle and high school students that 86.2% of lesbian, gay, bisexual, and transgender students experienced harassment at school in the past year, 44.1% reported being physically harassed, and 22.1% reported being physically assaulted at school in the past year, 73.6% heard derogatory remarks such as “faggot” or “dyke” frequently or often at school, 60.8% felt unsafe at school because of their sexual orientation, 38.4% felt unsafe because of their gender expression, and 32.7% skipped a day of school in the past month because of feeling unsafe. The report also found that the grade point average of students who were more frequently harassed because of their sexual orientation or gender expression was almost half a grade lower than for students who were less often harassed (2.8 versus 2.4).
On a positive note, the survey also discovered that schools can make a marked and powerful difference when they directly and visibly address the problem of bullying and harassment.
Students who are the targets of harassment and attacks by their peers are associated with higher rates of mental health problems. Risk factors for those targeted include increased school absenteeism, school difficulties including slipping grades, and dropping out of school. Also, they have increased risk of alcohol and drug use and abuse, as well as psychosomatic symptoms. They are also linked to serious mental health problems including depression, anxiety disorders, increased fear and withdrawal from family and peers, post-traumatic stress disorder (PTSD), low self esteem, poor body image, suicidal ideation, attempts, and completion.
Lesbian, gay, bisexual, and transgender people are integral members of families throughout this nation and the world. If Focus on the Family is seriously concerned with improving the quality of life and is truly focusing on families, they will join us in this effort to work to secure the safety and the equity of educational outcomes for all people, including our lesbian, gay, bisexual, and transgender youth.
Dr. Warren J. Blumenfeld, Associate Professor of Multicultural and International Curriculum Studies at Iowa State University. He is co-editor of Readings for Diversity and Social Justice and Investigating Christian Privilege and Religious Oppression in the United States.
Permission was granted to publish this commentary.
To view state laws on anti-bullying, go to: http://www.bullypolice.org/
To see an example of a Middle School Cyberbullying Curriculum developed by the Seattle Public Schools, go to:
http://www.seattleschools.org/area/prevention/cbms.html
Tuesday, March 9, 2010
Washington State Legislature passes two bills on Civil Rights in Schools and Anti-bullying
The Washington State Legislature has passed two bills that will be of interest to readers concerned with the rights and protections of our students. We would be interested in learning about actions taking place in other states.
The Safe Schools Coalition has provided the following analysis of the bills and has permitted us to post it to our blog for our readers.
The bills are:
(1) HB 3026 -- civil rights in schools
(2) HB 2801 -- bullying bill
*****************************************
(1) HB 3026 -- civil rights in schools
From the Safe Schools Coalition’s Law & Policy Work Group Co-Chairs Jennifer Allen and Lonnie Johns-Brown:
Engrossed Second Substitute House Bill 3026 was passed by the Senate as the very last bill before the cut-off. Both of the harmful amendments to the bill were defeated, and the bill passed on a vote of 30-18.
Thank you Rep. Sharon Tomiko-Santos for serving as the bill's prime sponsor and providing leadership and thank you to the communities of color that have championed the bill from its birth.
Background
Since 2006, Washington State law has prohibited discrimination in employment (which applies to teachers) and public accommodations (which applies to students) on the basis of sexual orientation, gender expression and identity, and HIV status (as well as race, creed, religion, color, national origin, honorably discharged veteran or military status, and disability). Individuals could file discrimination complaints with the Washington State Human Rights Commission. But there was no state agency with authority, short of a specific claim of discrimination, to monitor or enforce the law.
HB 3026: What it does
In a nutshell, it gives the law teeth with respect to schools.
Engrossed Substitute House Bill 3026 will establish a new chapter in the Common School Code of Washington State that prohibits discrimination based on race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of trained dog guide or service animal by a person with a disability. The bill will authorize the Office of the Superintendent of Public Instruction (OSPI) to make rules and regulations to eliminate discrimination and – this is the crucial piece -- to monitor local school district compliance with the anti-discrimination policies.
Under current law, the protected classes identified in E2SHB 3026 are required to file complaints with the Washington State Human Rights Commission or file a civil suit in order to seek relief from actual or perceived discrimination. This legislation will enable the OSPI to help preclude litigation against school districts through compliance monitoring and dispute resolution.
What needs to happen next
The bill's costs need to be included in the budget … still being negotiated.
*****************************************************************
(2) HB 2801 -- bullying bill
Thank you to Equal Rights Washington for this summary:
It’s a victory for everyone in Washington State, especially students, and a milestone in how far society has come in their understanding of LGBT Washingtonians.
Yesterday the Washington State Senate passed HB 2801, An act relating to anti-harassment strategies in public schools. What made this vote so impressive was that it was 48-0 in the State Senate. Earlier in the session the bill passed the State House 97-0.
Background
In 2002 the Washington State legislature passed an anti-bullying law. At the time the bill that was meant to protect ALL students from bullying was controversial because it included sexual orientation. The anti-bullying law required schools to adopt an anti-bullying policy that covered, at a minimum, all the classes contained in Washington State’s hate crimes law and this included sexual orientation. In 2009 the definition of sexual orientation was amended to include gender identity and expression.
In 2007 the scope of the anti-bullying law was expanded to include electronic acts, and the Washington State School Directors Association (WSSDA) was directed to develop a model policy and sample materials prohibiting acts of harassment, intimidation, or bullying conducted via electronic means by a student while on school grounds and during the school day.
Meanwhile, the legislature commissioned a report to study the effectiveness of the State’s anti-bullying law. The Report was released in late 2008 and found that bullying in Washington Schools had not diminished. New legislation was needed.
You can read the full report here:
http://equalrightswashington.org/pdfs/Bullying%20in%20Washington%20Schools_electronic%20version_FINAL.pdf
Representative Marko Liias who serves on the education committee immediately responded to the report and introduced legislation in the 2009 and 2010 legislative sessions. Among the challenges facing the legislature was how to address the persistent problem of bullying in the context of the economic crisis. HB 2801 is an important step in reducing bullying in our schools and reflects the legislature’s ability to address important issues even during the economic downturn.
HB 2801: What it does
The new law begins with an assessment of the current situation and a strong desire to improve the situation.
“The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures. The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools.”
The law that will now go to Governor Gregoire to be signed into law includes the following provisions:
• By august 1, 2011 each school district must adopt or amend its anti-harassment policy and procedures to at a minimum incorporate the revised model policy that will be drafted by the superintendent of public instruction, in consultation with representatives of parents, school personnel, the office of the education ombudsman, the Washington state school directors' association, and other interested parties.
• Each school district shall designate one person in the district as the primary contact regarding the antiharassment, intimidation, or bullying policy. The primary contact shall receive copies of all formal and informal complaints, have responsibility for assuring the implementation of the policy and procedure, and serve as primary contact on the policy and procedures between the school district, the office of the education ombudsman, and the office of the superintendent of public instruction.
• The superintendent of public instruction shall publish on its web site, with a link to the safety center web page, the revised and updated model harassment, intimidation, and bullying prevention policy and procedure, along with training and instructional materials on the components that shall be included in any district policy and procedure.
• The superintendent shall adopt rules regarding school districts' communication of the policy and procedure to parents, students, employees, and volunteers.
• Each school district shall by August 15, 2011, provide to the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials to be posted on the school safety center web site, and shall also provide the superintendent with a link to the school district's web site for further information. The district's primary contact for bullying and harassment issues shall annually by August 15th verify posted information and links and notify the school safety center of any updates or changes.
• The office of the education ombudsman shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies."
To be certain much work remains to be done to combat bullying in Washington Public Schools but HB 2801 is an important step forward. A key finding of the 2008 report was that anti-bullying programs need to be funded. When the economic crisis lessens we will need to return to address the budgetary needs of anti-bullying programs. Happily Washington State has a strong Safe Schools Coalition that will continue to work with the legislature to make sure that Washington State Law reflects best practices in combating bullying in schools. The Safe Schools Coalition website is an important resource for Parents, Educators and students alike.
Today let us celebrate the leadership of Representative Marko Liias who championed this legislation, the commitment of the legislature to ensuring that every student enjoys a safe learning environment and the ongoing work of the Safe Schools Coalition.
Joshua A. Friedes
Advocacy Director
Equal Rights Washington
The Safe Schools Coalition has provided the following analysis of the bills and has permitted us to post it to our blog for our readers.
The bills are:
(1) HB 3026 -- civil rights in schools
(2) HB 2801 -- bullying bill
*****************************************
(1) HB 3026 -- civil rights in schools
From the Safe Schools Coalition’s Law & Policy Work Group Co-Chairs Jennifer Allen and Lonnie Johns-Brown:
Engrossed Second Substitute House Bill 3026 was passed by the Senate as the very last bill before the cut-off. Both of the harmful amendments to the bill were defeated, and the bill passed on a vote of 30-18.
Thank you Rep. Sharon Tomiko-Santos for serving as the bill's prime sponsor and providing leadership and thank you to the communities of color that have championed the bill from its birth.
Background
Since 2006, Washington State law has prohibited discrimination in employment (which applies to teachers) and public accommodations (which applies to students) on the basis of sexual orientation, gender expression and identity, and HIV status (as well as race, creed, religion, color, national origin, honorably discharged veteran or military status, and disability). Individuals could file discrimination complaints with the Washington State Human Rights Commission. But there was no state agency with authority, short of a specific claim of discrimination, to monitor or enforce the law.
HB 3026: What it does
In a nutshell, it gives the law teeth with respect to schools.
Engrossed Substitute House Bill 3026 will establish a new chapter in the Common School Code of Washington State that prohibits discrimination based on race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of trained dog guide or service animal by a person with a disability. The bill will authorize the Office of the Superintendent of Public Instruction (OSPI) to make rules and regulations to eliminate discrimination and – this is the crucial piece -- to monitor local school district compliance with the anti-discrimination policies.
Under current law, the protected classes identified in E2SHB 3026 are required to file complaints with the Washington State Human Rights Commission or file a civil suit in order to seek relief from actual or perceived discrimination. This legislation will enable the OSPI to help preclude litigation against school districts through compliance monitoring and dispute resolution.
What needs to happen next
The bill's costs need to be included in the budget … still being negotiated.
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(2) HB 2801 -- bullying bill
Thank you to Equal Rights Washington for this summary:
It’s a victory for everyone in Washington State, especially students, and a milestone in how far society has come in their understanding of LGBT Washingtonians.
Yesterday the Washington State Senate passed HB 2801, An act relating to anti-harassment strategies in public schools. What made this vote so impressive was that it was 48-0 in the State Senate. Earlier in the session the bill passed the State House 97-0.
Background
In 2002 the Washington State legislature passed an anti-bullying law. At the time the bill that was meant to protect ALL students from bullying was controversial because it included sexual orientation. The anti-bullying law required schools to adopt an anti-bullying policy that covered, at a minimum, all the classes contained in Washington State’s hate crimes law and this included sexual orientation. In 2009 the definition of sexual orientation was amended to include gender identity and expression.
In 2007 the scope of the anti-bullying law was expanded to include electronic acts, and the Washington State School Directors Association (WSSDA) was directed to develop a model policy and sample materials prohibiting acts of harassment, intimidation, or bullying conducted via electronic means by a student while on school grounds and during the school day.
Meanwhile, the legislature commissioned a report to study the effectiveness of the State’s anti-bullying law. The Report was released in late 2008 and found that bullying in Washington Schools had not diminished. New legislation was needed.
You can read the full report here:
http://equalrightswashington.org/pdfs/Bullying%20in%20Washington%20Schools_electronic%20version_FINAL.pdf
Representative Marko Liias who serves on the education committee immediately responded to the report and introduced legislation in the 2009 and 2010 legislative sessions. Among the challenges facing the legislature was how to address the persistent problem of bullying in the context of the economic crisis. HB 2801 is an important step in reducing bullying in our schools and reflects the legislature’s ability to address important issues even during the economic downturn.
HB 2801: What it does
The new law begins with an assessment of the current situation and a strong desire to improve the situation.
“The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures. The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools.”
The law that will now go to Governor Gregoire to be signed into law includes the following provisions:
• By august 1, 2011 each school district must adopt or amend its anti-harassment policy and procedures to at a minimum incorporate the revised model policy that will be drafted by the superintendent of public instruction, in consultation with representatives of parents, school personnel, the office of the education ombudsman, the Washington state school directors' association, and other interested parties.
• Each school district shall designate one person in the district as the primary contact regarding the antiharassment, intimidation, or bullying policy. The primary contact shall receive copies of all formal and informal complaints, have responsibility for assuring the implementation of the policy and procedure, and serve as primary contact on the policy and procedures between the school district, the office of the education ombudsman, and the office of the superintendent of public instruction.
• The superintendent of public instruction shall publish on its web site, with a link to the safety center web page, the revised and updated model harassment, intimidation, and bullying prevention policy and procedure, along with training and instructional materials on the components that shall be included in any district policy and procedure.
• The superintendent shall adopt rules regarding school districts' communication of the policy and procedure to parents, students, employees, and volunteers.
• Each school district shall by August 15, 2011, provide to the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials to be posted on the school safety center web site, and shall also provide the superintendent with a link to the school district's web site for further information. The district's primary contact for bullying and harassment issues shall annually by August 15th verify posted information and links and notify the school safety center of any updates or changes.
• The office of the education ombudsman shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies."
To be certain much work remains to be done to combat bullying in Washington Public Schools but HB 2801 is an important step forward. A key finding of the 2008 report was that anti-bullying programs need to be funded. When the economic crisis lessens we will need to return to address the budgetary needs of anti-bullying programs. Happily Washington State has a strong Safe Schools Coalition that will continue to work with the legislature to make sure that Washington State Law reflects best practices in combating bullying in schools. The Safe Schools Coalition website is an important resource for Parents, Educators and students alike.
Today let us celebrate the leadership of Representative Marko Liias who championed this legislation, the commitment of the legislature to ensuring that every student enjoys a safe learning environment and the ongoing work of the Safe Schools Coalition.
Joshua A. Friedes
Advocacy Director
Equal Rights Washington
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