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The Student Harassment Prevention Act

The Student Harassment Prevention Act . Ala. Act No. 2009-571. Mrs. Patrice Harris Intervention Supervisor Baldwin County Public School System. Overview.

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The Student Harassment Prevention Act

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  1. The Student Harassment Prevention Act Ala. Act No. 2009-571 Mrs. Patrice Harris Intervention Supervisor Baldwin County Public School System

  2. Overview • Provides for the adoption of policies by each local public school system pertaining to the prevention of harassment, intimidation, violence, and threats of violence of one student against another student. • Establishes definitions for common words such as harassment, hostile environment, intimidation, violence, and threats of violence.

  3. Overview • Each LEA is required to establish its own policy in compliance with this Act on or before July 1, 2010. • This Act does not affect the freedom of speech and the freedom of expression guaranteed each student under the Constitution of the United States and the Constitution of Alabama of 1901, and other applicable statutory law provided in the Code of Alabama 1975.

  4. ALSDE Model Policy • As a part of the stipulations in the Student Harassment Prevention Act, the State Department of Education is expected to develop a model policy prohibiting harassment, violence, and threats of violence on school property, on a school bus, or at any school-sponsored function. • The model policy, at a minimum, is expected to contain all of the following components:

  5. Components of the ALSDE Model Policy • A statement prohibiting harassment, violence, and threats of violence. • Definitions of the terms harassment, intimidation, and threats of violence. • A description of the behavior expected of each student. • A series of graduated consequences for any student who commits an act of intimidation, harassment, violence, or threats of violence.

  6. Components of the ALSDE Model Policy • A procedure for reporting an act of intimidation, threat of suicide, harassment, violence, or threat of violence. • A procedure for the prompt investigation of reports of serious violations and complaints, specifying that the principal, or his or her designee, is the person responsible for the investigation.

  7. Components of the ALSDE Model Policy • A response procedure for a school to follow upon confirmation of an incident of intimidation, harassment, violence, or threats of violence. • A statement prohibiting reprisal or retaliation against any person who reports an act of intimidation, violence, threat of violence, or harassment, including the consequences of and any appropriate remedial action that may be taken against a person who engages in such reprisal or retaliation.

  8. Components of the ALSDE Model Policy • A statement of the consequences of and appropriate remedial action that may be taken against a person who has deliberately and recklessly falsely accused another. • A procedure for publicizing local board policy, including providing notice that the policy applies to participation in school-sponsored functions.

  9. Components of the ALSDE Model Policy • A clearly defined procedure for students to use in reporting harassment, including, but not limited to, written reports on local board approved complaint forms and written or oral reports of instances of harassment, intimidation, violence, and threats of violence based on the personal characteristics of a student.

  10. Components of the ALSDE Model Policy • A procedure for promulgating rules to implement this act, including the development of a model student complaint form. • A procedure for the development of a non-exhaustive list of the specific personal characteristics of a student which may often lead to harassment. Based upon experience, a local board of education may add, but not remove, characteristics from the list. The list shall be included in the code of conduct policy of each local board.

  11. Requirements of Each School • Develop and implement evidence-based practices to promote a school environment that is free of harassment, intimidation, violence, and threats of violence. • Develop and implement evidence-based practices to prevent harassment, intimidation, violence, and threats of violence based on the criteria established by this act and local school board policy, and to intervene when such incidents occur.

  12. Requirements of Each School • Incorporate into civility, citizenship, and character education curricula awareness of and sensitivity to the prohibitions of this act and local board policy against harassment, intimidation, violence, and threats of violence.

  13. Requirements of Each School • Report statistics to the local board of actual violence, submitted reports of threats of violence, and harassment. The local board shall provide the statistics of the school system to the department for posting on the department website. The posted statistics shall be available to the public and any state or federal agency requiring the information. The identity of each student involved shall be protected and may not be posted on the department website.

  14. School System Requirements Pertaining to Student Suicide • Each school system is also required to implement the following 12 standards and policies for programs in an effort to prevent student suicide:

  15. School System Requirements Pertaining to Student Suicide • Foster individual, family, and group counseling services related to suicide prevention. • Make referral, crisis intervention, and other related information available for students, parents, and school personnel. • Foster training for school personnel who are responsible for counseling and supervising students.

  16. School System Requirements Pertaining to Student Suicide • Increase student awareness of the relationship between drug and alcohol use and suicide. • Educate students in recognizing signs of suicidal tendencies and other facts and warning signs of suicide. • Inform students of available community suicide prevention services.

  17. School System Requirements Pertaining to Student Suicide • Promote cooperative efforts between school personnel and community suicide prevention program personnel. • Foster school-based or community-based, or both, alternative programs outside of the classroom. • Develop a strategy to assist survivors of attempted suicide, students and school personnel in coping with the issues relating to attempted suicide, suicide, the death of a student, and healing.

  18. School System Requirements Pertaining to Student Suicide • Engage in any other program or activity which the local board determines is appropriate and prudent in the efforts of the school system to prevent student suicide. • Provide training for school employees and volunteers who have significant contact with students on the local board policies to prevent harassment, intimidation, violence, and threats of violence.

  19. School System Requirements Pertaining to Student Suicide • Develop a process for discussing with students local board policies relating to the prevention of student suicide and to the prevention of harassment, intimidation, violence, and threats of violence.

  20. Phoebe Prince • A 15-year old girl who had moved to South Hadley, Massachusetts from Ireland. • She briefly dated a popular senior football player. • She was mercilessly tormented by a cadre of classmates later dubbed the “Mean Girls” by Massachusetts newspapers. • She was often times called “Irish slut” and “whore” on Twitter, Facebook, Formspring, and Craigslist.

  21. Phoebe Prince • At school, other students would routinely knock her books out of her hand, or they would fling items at her. • Students would also scribble her face out of pictures on the school walls. • Students would also send her threatening text messages on her cell phone.

  22. Phoebe Prince • On January 14, 2010, Phoebe was harassed and threatened in the school library and in the hallway. • As she walked home from school, one of the “Mean Girls” drove by and threw a can of Red Bull at her. • Phoebe walked into her house and hung herself in a stairwell. • Her body was discovered by her 12-year-old sister.

  23. Phoebe Prince • Even after death, however, the cruelty still continued. • Phoebe’s tormentors posted vicious comments on her Facebook memorial page. • Ultimately, six students were indicted as adults on felony charges. Charges ranged from statutory rape (for the two male teenagers) to violation of civil rights, criminal harassment, disturbance of a school assembly, and stalking.

  24. Phoebe Prince • Additional delinquency complaints were also filed. • One student was charged with assault with a deadly weapon for throwing a can at Phoebe. • A separate delinquency complaint was filed against one of the female minors for assault and battery against another victim at South Hadley High School.

  25. Phoebe Prince • It was also discovered that numerous faculty members, staff members, and even administrators at South Hadley High School were aware of the bullying encountered by Phoebe. • Even more horrifying was that some of these faculty members witnessed Phoebe endure physical abuse—yet they did nothing. • Although the adults’ failure to help Phoebe did not amount to criminal behavior, their actions—or inactions—are indeed troublesome.

  26. Baldwin County Public School System’sAnti-Harassment Policy • Section 1: Harassment, Violence, and Threats of Violence Prohibited • Section 2: Definitions • Section 3: Description of Behavior Expected of Students • Section 4: Consequences for Violations • Section 5: Reporting, Investigation, and Complaint Resolution Procedures • Section 6: Promulgation of Policy and Related Procedures, Rules, and Forms

  27. Board Approved Forms • Harassment Complaint Report Form • Harassment Witness Statement Form • Student Harassment Referral Action Form

  28. Publicizing of the Anti-Harassment Policy • Communicate this policy to all stakeholders—in both academic and non-academic settings • Include third parties that are not in the school system’s (or the schools’) direct control, yet these persons are engaged in school-sponsored activities: • Career Tech/cooperative work program • Chaperones • Aides • Contractors

  29. Publicizing of the Anti-Harassment Policy • Bus drivers • Paraprofessionals • Maintenance workers • Cafeteria workers • Office personnel • Cross reference in the Student Code of Conduct and the Personnel Policies

  30. Harassment, Violence, and Threats of Violence are Strictly Prohibited • The Baldwin County Public School System is committed to providing a safe and supportive learning environment in which all members of the school community are treated with respect. Harassment, violence, and threats of violence are prohibited and constitute unacceptable behavior that will not be tolerated.

  31. Harassment, Violence, and Threats of Violence are Strictly Prohibited • It is hereby the policy of the Baldwin County Public School System to oppose and prohibit, without qualification, unlawful harassment based on real or perceived race, color, religion, national origin, marital status, sex, sexual orientation, gender identity, or disability. • Students who violate this policy will be subject to disciplinary sanctions.

  32. Contact Information Mrs. Patrice Harris Intervention Supervisor Central Office Satellite 1091 B Avenue Loxley, AL 36551 251.972.8525 pharris@bcbe.org

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