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BULLYING ROAD MAP

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Fact: Students with disabilities are much more likely to be bullied than their non-disabled peers.

Bullying affects a student's ability to learn. Parents of non-disabled children and some educational leaders need to be aware that children with disabilities are already struggling through academic and daily living challenges of adapting to their environment, adding bullying can add even more stress which can result in increase behaviors.

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State Data from the Pennsylvania Department of Education:

28.2% of all students in grades 6,8,10 & 12 indicated they have been bullied in the past year.

  • 16.9% of all students in grades 6,8,10 & 12 indicated they have been bullied 2 or more times   a week.

  • Highest among 8th graders, 31%.

  • 16.5% electronically bullied.

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Bullying is a chain reaction that affects more than one individual. And in extreme cases, it can affect the "bully's" life if faced with criminal charges and/or lawsuits.

​It's "everyone's" responsibility to address bullying, no just the school's responsibility. ​

 

The following are how "harmless" bullying causes stress to the individual including their parents, and educators implementing 504's and IEP's.

  • school avoidance/truancy

  • decrease in grades

  • inability to concentrate

  • reduced interest in academic achievement

  • increase in negative behavior and/or aggression

  • increase in drop out rates or suspension

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Possible Effects of Bullying in School Environment

  • Bullying creates a climate of fear and disrespect

  • Students may feel insecure and not like school

  • Students may perceive a lack of control or caring on the part of the adults.

  • 20% of charter school families identified "safety concerns" as primary reason for leaving public school (Mackinac Center, 2018)

  • One study shows that 60% of students with a disability report being bullied regularly compared with the 25% of all students. (Source: British Journal of Learning Support, 2008)

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ADDRESSING BULLYING WITH PARENTS

  • Children need to learn self-advocacy to speak up for themselves and know who to ask for help.  Self-Advocacy for non-verbal or limited verbal skills can be challenging. Encourage your child to self-advocate using supports they are most comfortable with like writing or using electronic supports. Parents should be especially vigilant of an increase of behaviors that are "out of the norm" and address their concerns with the teacher or the principal.

  • Be mindful of your own triggers. This becomes a highly charged, emotional situation among adults very quickly where it's easy to become reactive. For every legitimate situation, there are also false alarms. Critically thinking each situation individually is key. Be careful of parent blaming and shaming.  Adults need to work together to resolve the situation.

  • You can also call an IEP meeting to address the concerns and determine an action plan to address it. and who is responsible for each action step. Have a blank copy of an action plan chart ready for the meeting.

  • Ask open ended questions to help clarify if this situation is bullying or conflict.

  • Identify the types of bullying which have been reported. (physical, emotional, relational, cyber-bullying)

  • Although the child should be involved in the resolution of a bullying situation, it is never the child's responsibility to fix it.

  • For more ways to address bullying, scroll down to "more resources" and click on their links.

  • Directors of Special Education or any other school administrator, should be consulted concerning the use of an IEP or 504 Plan to address the unresolved bullying situation.

  • As soon as initial interventions do not appear to be effective. Waiting until there is proof that the situation is "bullying" can place students in harmful situations.

  • Communicate that the school district shares the same goal; to provide a safe and secure learning environment for their child.

  • When appropriate, assure actions and/or interventions have taken place for the student/s who has been accused of bullying. THE DETAILS AND NAMES SHOULD NOT BE DISCUSSED OR INCLUDED IN THE ACTION PLAN – FERPA. PARENTS GENERALLY WANT TO KNOW THAT ACTION HAS BEEN TAKEN.

 

KNOW THE LAW

The Office for Civil Rights (OCR) and the Department of Justice (DOJ) have stated that bullying may also be considered harassment when it is based on a student's race, color, national origin, sex, disability, or religion. Harassing behaviors include:

  • unwelcome conduct like verbal abuse, name calling, slurs, etc.

  • graphic or written statements

  • threats

  • physical assault

  • Physical threats or humiliation

 

Office for Civil Rights (OCR) under the Department of Education could find a disability-based violation if:

  1. A student is bullied based on a disability

  2. The bullying is sufficiently serious to create a hostile environment

  3. School officials know of or should know about the bullying and

  4. The school does not respond appropriately

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Reporting and Response:

  • Interview the student(s) to hear their side of the story.

  • Be mindful of assumptions, judgement and personal bias interfering because a lack of neutrality in this situation will increase the chances of missing critical information.

  • Explore any safety issues and make proper referrals.

  • Assure the student that you (your team) will be working hard to stop the alleged bullying behavior.

  • Ask open-ended questions to help clarify if this situation is bullying or conflict.

  • Gather all the information on where, when, how and who may be involved

    • On school property? Bus? Online? Etc.

  • Ask open-ended questions to determine possible impact on student and/or the educational setting.

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National law:

http://www.wrightslaw.com/info/harassment.index.htm

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State of Pennsylvania:

https://www.stopbullying.gov/laws/pennsylvania.html

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​​Sample letter to get ideas if you want to write your own letter:

https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html

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Click on the link to read New Hampshire's New Anti-Bullying Law. What makes this law unique is there are specific time frames for bullying investigations within school districts and a resolution must be in writing/implemented. Read more:

Integrating New Hampshire’s Anti-Bullying Laws with the IDEA, Section 504 and FERPA

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SOCIAL MEDIA

“Kids have the knowledge to use the technology, but sometimes lack the wisdom to use it responsibly. Adults have the wisdom to be responsible users, but sometimes lack the knowledge to use technology. My goal is to connect knowledge with wisdom.”– Ryan Klingensmith

To create responsible kids on smartphones…got o http://www.shapethesky.org

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Hate Crimes
Senator Killion recently introduced SB 444, legislation designed to amend Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes to add “intellectual or physical disability” to the offenses defined under S 2710 Ethnic intimidation in Title 18. SB 444 was referred to the Senate Judiciary Committee on March 19, 2019.


Representative Boyle introduced HB 635 as a companion bill in the House of Representatives. Representative Boyle’s HB 635 also adds “sexual orientation, gender, and gender identity” to the list of offenses defined under §2710 of Title 18. HB 635 was referred to the House Judiciary Committee on February 28, 2019.
 

More Resources:

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notMYkid is an informative website that address both sides of this complicated world of bullying which includes both classic schoolyard and cyber-bullying. They share signs you should be looking for if your child is the victim of bullying or the bully. A child can be a victim in one situation and a bully in another. This website is an eye opener. It also has a useful parents guide to help navigate this new age of bullying.

Website: https://notmykid.org/bullying/

 

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The Office for Safe Schools and the Department of Education are partnering to offer the PA Bullying Prevention Consultation Line. This is a toll-free number that allows people experiencing bullying to discuss effective strategies and available resources. Messages may be left 24 hours a day, 7 days a week. Calls will be returned Monday-Friday during normal business hours.

​Call: 1-866-716-0424

More resources from the Department of Education about bullying

http://www.education.pa.gov/K-12/Safe%20Schools/Pages/Bullying-Prevention.aspx#tab-1

 

PACER Center is a parent training and information center for families of children and youth with all disabilities from birth to young adults. Although it's based in Minnesota, there is a lot of resources regarding advocacy, school discipline. PACER’s National Bullying Prevention Center provides resources designed to benefit all students, including those with disabilities.

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Website for teens experiencing bullying:

https://www.pacerteensagainstbullying.org/

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For more information regarding school discipline click on the link

http://www.pacer.org/school-discipline-information/

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Basic Disabililty Etiquette Tips

http://www.pacer.org/parent/php/PHP-c127.pdf

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Words do matter, here's why

http://www.pacer.org/parent/php/PHP-c31.pdf

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The National PTA has campaign resources for PTA members to create school climates full of safe and supportive peer relationships. Positive school climates exist in schools where students, families and educators all work collaboratively to build a culture of respect.

Website: http://www.pta.org/bullying

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The No Bully System® is a step-by-step process and set of interventions to prevent and stop bullying and cyberbullying in school and after-school programs.  The latest cumulative report shows that schools trained by No Bully are able to remedy over 90% of cases of bullying. You can read the report on their website.

Website: https://nobully.org/impact

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The Cyber-bullying Research Center is dedicated to providing up-to-date information about the nature, extent, causes, and consequences of cyber-bullying among adolescents.

10 Ten Tips for Parents when their child is being bullied

https://cyberbullying.org/what-to-do-when-your-child-is-cyberbullied

Website: https://cyberbullying.org/

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When you need an attorney who specializes in these types of cases (alphabetical order):

​Cohen, Feeley, Altemose & Rambo

Offices:

2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020

801 Hamilton Street, 5th Floor, Allentown, PA 18101

352 5th street, Suite C, Whitehall, PA 18052

Call: 610-295-5321 or toll free: 888-854-6895

Website: http://www.cohenfeeley.com/Personal-Injury-Overview/Team-Sports-Injuries/Bullying-and-Hazing.shtml

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Jacobson and John, LLP

Practice areas: Special Education Law, Due Process, Representation in Seeking SAT or ACT Accommodations, Representation in Bullying and Harassment Cases, Protecting Rights of Students in Higher Education, and Representation in Seeking LSAT, MCAT, GRE Accommodations

***Offer 1hr consultation

Where: 99 Lantern Drive, Suite 202, Doylestown, Pennsylvania 18901

Call: 215-340-7500 or 877-544-0344

Email: info@theeducationlawyers.com

Website: http://theeducationlawyers.com/

 

McAndrew's Law Firm

Where: 2240 Ridgewood Road Suite 101 Wyomissing, PA 19610

Call: 610.374.9900

Website: http://mcandrewslaw.com/publications-and-presentations/articles/bullying-and-the-responsibility-of-schools/

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