Stop Bullying! Federal and State Laws that protect and prevent bullying.

HOW CAN PARENTS PREVENT BULLYING? 

Some of the following information was gathered from Growing Pono SchoolsProject

1. Know What Laws Are in Place to Protect Your Child 

Act 214, passed by the 2011 Legislature, requires the Board of Education to keep track of how the Department of Education enforces its rules against bullying, cyberbullying and harassment. It does so by requiring at least annual reporting of what schools are doing to make their schools safe. 

Chapter 19 is the set of rules that define bullying and other student misconduct and spells out what disciplinary measures will be taken, and how parents will be informed of student misconduct. 

What if teachers or any school staff post a comment on their Facebook page about a student? They may have not said their name exactly but it is obvious that they are referring to my child...is this ok?  

No! They are protected by POLICY 4211, Hawaii State Law. 

The Board of Education passed Policy 4211 in 2008. It bans teachers or other school staff from harassing or bullying students based on their protected status, including having a mental or physical disability.

• Bullying: any written, verbal, graphic, or physical act that a student or group of students exhibits toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s).
• Cyberbullying: electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance (PDA), or wireless hand-held device that a student has exhibited toward another student or employee of the department which causes mental or physical harm to the other student(s) or school personnel and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment
• Harassment a student who is harassing, bullying (including cyberbullying), annoying, or alarming another person by engaging in negative conduct.

My child has special needs and is being harrassed. What can I do?  

They are protected under the federal laws, described below. Report it to the school administrator immediately. They will investigate and take efforts to end the harassment, eliminate the hostile environment and make sure they can participate in all school activities.   

Two civil rights laws, Section 504 of the Rehab Act of 1973 and Title II of the Americans with Disabilities Act, forbid discriminaton on the basis of disability. When disability harassment  occurs, and is severe, persistent or pervasive enough to create a hostile environment that adversely affects the student’s ability to participate in or benefit from his or her educational program, then it violates the student’s civil rights.

If a school suspects that disability harassment may have occurred, it must take immediate action to investigate. If the investigation turns up harassment, then the school must make prompt efforts to end the harassment, eliminate any hostile environment, and prevent the harassment from occuring again. In 2000, the U.S. DOE sent out a letter to all public schools reminding them that discrimination on the basis of disability was illegal under Section 504 of the Rehab Act and the Americans with Disabilities Act. The letter offered the following definition:

• Disability harassment: intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the institution’s [school’s] program. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful or humiliating.

2. Learn How to Talk to Your Child About Bullying

Parents can be the most effective role model and advocate for their child with a disability. It is important to show your child that you think bullying is wrong and that you are open to listening without judgment and to protecting him or her from harm.

3. Monitor Your Child’s Use of Electronic Devices

Start by setting clear rules about computer or cell phone use. Set up your home computer in a busy part of the house, if possible. Try to be aware of what your children are doing online. Ask to “friend” or “follow” your child or teenager on social media sites like Facebook or ask another trusted adult to do so. Encourage your kids to tell you immediately if they, or someone they know, is being cyberbullied. Make a copy of any threatening or inappropriate texts or emails to share with the school or local authorities.

4. Promptly Report Bullying

If your child is able to communicate effectively, you can encourage your child to report bullying incidents that occur on campus before, during or after school as soon as possible to a teacher, school counselor or administrator. In any case, you will want to follow up by contacting school staff each time your child tells you he or she has been bullied. It is always a good idea to put your concerns and your expectations for a response in writing. If appropriate, you can remind the school of its responsibility to respond to disability harassment.

5. Use the IEP to Prevent and Respond to Bullying

If your think your child is a potential victim for bullying you can ask that he or she be taught self- advocacy skills. It may be helpful to identify someone at school to whom your child can go for help in the event bullying occurs. Using the IEP to address social isolation and to build friendships is another way to deter bullying.When your child is being actively bullied, you may want to ensure hallway or playground monitoring by school staff and other protections. Ask if your school has peer programs in place that address bullying. You may be able to enlist their support. A number of high schools have successful Peer Mediation programs that work toward peaceful solutions for ALL students.