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Empowering Advocacy: Combating Bullying and Discrimination in California Schools

Discover how Disability Rights California focuses on advocating for a bully-free world through legal means and beyond. Learn about California laws on bullying, school responsibilities, disability harassment, hate crime laws, and advocating for your rights effectively. Educate yourself on ways to eliminate stigma, create support networks, and be part of a more inclusive school environment. Take action today to combat bullying and discrimination in schools.

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Empowering Advocacy: Combating Bullying and Discrimination in California Schools

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  1. Advocating for a Bully-Free World By Suge Lee, Staff Attorney Disability Rights California

  2. Our Focus Today: Advocacy through Law And Beyond the Law…

  3. Laws • Protect rights of People with Disabilities • Discrimination • Harassment • Bullying • Hate Crime • Free and appropriate education • Services and supports

  4. California Law on Bullying

  5. What does Bullying mean under CA law? • By student(s), targeting other student(s) • Severe and pervasive • Effects • Fear of harm • Health effects (physical and mental) • Academic performance • Participation in other school activities • Cyber-bullying

  6. What can Schools do about Bullying under CA law? Discipline bullies Anti-bullying policy

  7. School Anti-Bullying Policy • No Discrimination, Harassment, Intimidation, and Bullying • Complaint and Investigation Process • School staff must intervene

  8. Priority for Inter-district Transfers • Priority or special consideration for inter-district transfer request • Either your home or transfer district must determine that you have been bullied. • For students with an Individualized Education Plan (IEP) or 504 plan, make sure to ask for an IEP or 504 Plan meeting.

  9. Time for Questions

  10. Anti-Discrimination Laws

  11. ADA & Section 504 Rehabilitation Act and CA law • Prohibits discrimination • Disability Harassment Hostile learning environment Discrimination

  12. Bullying can be Disability Harassment Bullying Disability Harassment • Acts by a student • Directed at another pupil • Acts that are severe and pervasive • Does not have to be motivated by bias against disability • Acts by anyone • Includes conduct that is not directed at any one specific person • Can be a single act • Motivated by bias against disability

  13. Schools have a duty to prevent disability discrimination • Teachers and school staff share this responsibility as school employees • School staff who harass students with disabilities violate anti-discrimination laws • School must address disability harassment that they know about, or should have known about.

  14. Hate Crime Law

  15. Hate Crime • Violent crimes motivated by bias against protected categories, such as disability • Hate crime laws require additional penalty for bias-based violent crimes

  16. Individuals with Disabilities Act (IDEA)

  17. IDEA • Free and Appropriate Public Education • Bullying can affect a student with disability’s ability to benefit from education. • IEP can address needs of student with disabilities related to bullying

  18. Time for Questions

  19. Advocating for your rights

  20. Step 1: Notify school district • Notify the school in writing • Ask for a copy of the school anti-bully policy • If appropriate, ask for an IEP or 504 Plan meeting.

  21. Template Letter to Principal

  22. Step 2: IEP or 504 Plan • Attend your IEP or 504 plan meeting • Be prepared to discuss your education plan: accommodations, goals, services and supports that you need

  23. Step 3: File Complaint • When School District fails to follow the law • California Department of Education, Office of Equal Opportunity • Federal Department of Education, Office of Civil Rights • Deadline: 180 days of the discrimination • When you disagree with the District’s investigation or decision • Deadline: 15 days of the District’s decision

  24. Template Complaint

  25. Tips • Communicate in writing and keep copies of everything • Details are important (dates and times, who was involved, witnesses, what happened) • Be aware of timelines

  26. Time for Questions

  27. Other ways to advocate

  28. Find/Create Support networks • Finding support for yourself and others is a form of self-advocacy

  29. Eliminate Stigma • Stigma: judgment that people or society place on particular groups, shame or disrespect.

  30. Make disability issues a part of education • Learn and teach others about disability history and disability rights

  31. More inclusive schools • A more integrated school is a more tolerant school.

  32. Self-Advocacy Groups • Yo! Disabled and Proud • Youth in Mind—Stomp out Stigma • Pacer Center National Bullying Prevention Project • R-Word

  33. Disability Rights California Toll Free (800) 776 - 5746 TTY (800) 719 - 5798 www.disabilityrightsca.org

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