NC Schools Dropout Data

1. NC Schools Dropout Data Safe & Drug Free Schools Conference December, 2009 Reporting Discipline Data Adequately and Accurately Kenneth Gattis NC Department of Public Instruction kgattis@dpi.state.nc.us

2. Today’s Session… …will provide: • an overview of discipline data reporting requirements (reporting adequately) • procedures to ensure accurate data in the eSIS discipline module and in the USDDC after the data transfers (reporting accurately)

3. Use of USDDC and NC WISE in Discipline Data Reporting • NC WISE Users: Data transfers into USDDC three times per year. Can use both NC WISE Reporting Hub reports and USDDC reports to check accuracy of data transfer. • Third-party systems may be in final year of use for data entry. • USDDC may be in final year as authoritative source of state discipline data. • The same federal and state statutes and SBE policies apply to discipline data regardless of systems used to capture the data.

4. Authoritative Source of Discipline Data Reporting Requirements • The North Carolina Discipline Data Reporting Procedures is the former “USDDC User Guide”:http://www.dpi.state.nc.us/docs/research/discipline/ collection/discipline-reporting-procedures.pdf Also, information may be found online at: http://dpi.state.nc.us/research/discipline/

5. State and Federal Reporting Requirements • Any of the 17 reportable acts (crimes) committed on a school campus or in connection with a school function. • Any act resulting in an out-of-school suspension or expulsion for a student. • Any in-school suspension received by an EC student. • Any assignment of a student to an alternative school or alternative learning program. • Other designated acts, regardless of consequences assigned:  (next page)

6. Must Report These Offenses Regardless of Assigned Consequences • Acts covered under SBE Policy HRS-A-007: - Harassment – Verbal - Bullying - Harassment – Sexual - Discrimination • Federal Reporting Requirements - Communicating Threats - Possession of Tobacco - Fighting - Use of Tobacco - Affray - Property Damage - Extortion - Gang Activity - Violent Assault Not Resulting in Serious Injury

7. What is Bullying? 2009 Session Law 212 (“School Violence Prevention Act”): “Bullying or harassing behavior" is any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that: (1) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or (2) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits. For purposes of this section, "hostile environment“ means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.

8. The Controversy – Much Ado About Nothing? 2009 Session Law 212 (“School Violence Prevention Act”): Bullying or harassing behavior includes, but is not limited to, (emphasis added) acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics.

9. Details of 2009 Session Law 212 • No student or school employee shall be subjected to bullying or harassing behavior by school employees or students. • No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with reliable information about an act of bullying or harassing behavior. • A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official. • A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.

10. Details of 2009 Session Law 212 Requirement to Adopt Local Policy Before December 31, 2009, each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior. The policy shall contain, at a minimum, the following components: (1) A statement prohibiting bullying or harassing behavior. (2) A definition of bullying or harassing behavior no less inclusive than that set forth in this Article. (3) A description of the type of behavior expected for each student and school employee. (4) Consequences and appropriate remedial action for a person who commits an act of bullying or harassment. (5) A procedure for reporting an act of bullying or harassment, including a provision that permits a person to report such an act anonymously. This shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

11. Details of 2009 Session Law 212Requirement to Adopt Local Policy (continued) Before December 31, 2009, each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior. The policy shall contain, at a minimum, the following components: (continued) (6) A procedure for prompt investigation of reports of serious violations and complaints of any act of bullying or harassment, identifying either the principal or the principal's designee as the person responsible for the investigation. (7) A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or harassment, and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation. (8) A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in school-sponsored functions.

12. What is Bullying? DPI Operational Definition (same as before): Bullying is a series of deliberate and hurtful actions inflicted by one or more students who are perceived to be or are actually stronger, more confident, and/or more aggressive than the target or who simply outnumber the target. Bullying may be: • physical, • verbal, • social/relational, and/or • sexual harassment.

13. Social/Relational Bullying • consists of indirect, covert attempts to affect the target’s reputation or social standing. It may or may not include “cyberbullying,” which is the use of information and communication technologies such as email, cell phone and pager text messages, instant messaging, and defamatory personal polling web sites to intentionally harm others.

14. 2009 House Bill 1261 - AN ACT PROTECTING CHILDREN OF THIS STATE BY MAKING CYBER-BULLYINGA CRIMINAL OFFENSE PUNISHABLE AS A MISDEMEANOR. § 14-458.1. Cyber-bullying; penalty. (a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following: (1) With the intent to intimidate or torment a minor: a. Build a fake profile or Web site; b. Pose as a minor in an Internet chat room; an electronic mail message; or an instant message; c. Follow a minor online or into an Internet chat room; or d. Post or encourage others to post on the Internet private, personal, or sexual information pertaining to a minor.

15. 2009 House Bill 1261 - AN ACT PROTECTING CHILDREN OF THIS STATE BY MAKING CYBER-BULLYINGA CRIMINAL OFFENSE PUNISHABLE AS A MISDEMEANOR. § 14-458.1. Cyber-bullying; penalty. (a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following: (2) With the intent to intimidate or torment a minor or the minor's parent or guardian: a. Post a real or doctored image of a minor on the Internet; b. Access, alter, or erase any computer network, computer data, computer program, or computer software, including breaking into a password protected account or stealing or otherwise accessing passwords; or c. Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor. (3) Plant any statement, whether true or false, tending to provoke or that actually provokes any third party to stalk or harass a minor.

16. 2009 House Bill 1261 - AN ACT PROTECTING CHILDREN OF THIS STATE BY MAKING CYBER-BULLYINGA CRIMINAL OFFENSE PUNISHABLE AS A MISDEMEANOR. § 14-458.1. Cyber-bullying; penalty. (a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following: (4) Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a minor for the purpose of intimidating or tormenting that minor (in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network). (5) Sign up a minor for a pornographic Internet site. (6) Without authorization of the minor or the minor's parent or guardian, sign up a minor for electronic mailing lists or to receive junk electronic messages and instant messages, resulting in intimidation or torment of the minor.

17. 2009 House Bill 1261 - AN ACT PROTECTING CHILDREN OF THIS STATE BY MAKING CYBER-BULLYINGA CRIMINAL OFFENSE PUNISHABLE AS A MISDEMEANOR. § 14-458.1. Cyber-bullying; penalty. (b) Any person who violates this section shall be guilty of cyber-bullying, which offense shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor. (c) Whenever any person pleads guilty to or is guilty of an offense under this section, and the offense was committed before the person attained the age of 18 years, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and place the defendant on probation upon such reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction…

18. When and How to Report Bullying • Bullying should be reported as a single act committed by one or more offenders. Bullying is to be reported after repeated, deliberate acts (e.g. threats, shoving, chasing, pinching, etc.) are observed or reported over time. • Often, Bullying will be reported along with another act, especially when that other act is serious enough to be reported on its own. For example, if a student engages in bullying behavior and, in the process, physically hurts another student, both Bullying and Assault should be reported.

19. When “things happen together,” how many criminal acts must be reported? • Report one act for each separate victim unless all were victimized together at essentially one point in time. • Report a separate act for each different type of weapon or each different type of controlled substance. • Report each additional act committed that is not subsumed by another reported act. Examples: - “Assault Involving the Use of a Weapon” subsumes “Possession of a Weapon” for the same weapon. - “Assault Involving the Use of a Weapon” does not subsume “Possession of Alcoholic Beverage”(because possession of alcohol is not required for the assault to occur). - “Assault Involving the Use of a Weapon” does not subsume “Possession of a Weapon” for a different weapon.

20. Reporting Consequences (Actions)of an Offense or Multiple Offenses • For each offender, report consequences involving suspensions or expulsion as first consequence, if possible. • Report more than one suspension for an offender in a particular incident as separate events in which the suspensions have separate start dates and do not overlap. • Do not report suspension days that students spend in alternative learning programs or alternative schools.

21. NCLB & SBE Requirement • Unsafe School Choice Option (USCO) and SBE Policy HRS-A-006: Students are to be offered transfers to others schools if - their school attains a “persistently dangerous” designation, or - they become a victim of a violent crime. • LEAs are to report annually on students who have accepted transfers. - Reporting mechanism currently available in USDDC only. - This information also to be reported on discipline data verification forms.

22. Victim information screen in USDDC

23. Violent Offenses • Death By Other Than Natural Causes • Assault Resulting in Serious Bodily Injury • Assault Involving Use of a Weapon • Rape • Sexual Offense • Sexual Assault • Kidnapping • Robbery with a Dangerous Weapon • Robbery • Taking Indecent Liberties with a Minor

24. Persistently Dangerous Designation …may be given to a school where • five or more violent criminal offenses were committed per 1000 students in two consecutive years. • The LEA is allowed to report to the SBE on “conditions in the school and any plans it may have to eliminate the conditions that contributed to the commission of the violent criminal offenses.” • the SBE determines “whether the school is a persistently dangerous school, whether the school should be placed on probation, or whether no additional interventions are necessary to protect students from violent crimes.”

25. Required Reporting of Impermissible Uses of Seclusion & Restraint • Session Law 2005-205 (House Bill 1032) added these general statutes pertinent to reporting impermissible uses of seclusion and restraint: • 115C-391.1 defines and describes permissible use of seclusion and restraint.

26. Required Reporting of Impermissible Uses of Seclusion & Restraint • 115C-391.1(j)(2) requires the following types of incidents to be reported to the school principal: - Any use of aversive procedures. - Any prohibited use of mechanical restraint. - Any use of physical restraint resulting in observable physical injury to a student. - Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student’s behavior intervention plan.

27. Required Reporting of Impermissable Uses of Seclusion & Restraint • 115C-391.1(j)(4) describes the required reporting to parents/guardians of incidents described in 115C-391.1(j)(2). Any incident listed above must be reported with the following details: - The date, time of day, location, duration, and description of the incident and interventions. - The event(s) that led up to the incident. - The nature and extent of any injury to the student. - The name of a school employee the parent or guardian can contact regarding the incident.  Reporting form at: http://www.dpi.state.nc.us/docs/safeschools/resources/housebills/hb1032incident.doc

28. Seclusion/Restraint Incident Report

29. Required Reporting of Impermissable Uses of Seclusion & Restraint 115C-47(45): “Local boards of education shall maintain a record of incidents reported under GS 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education.” • Three items appeared on the Discipline Data Verification Forms for the first time in 2009: - Any impermissible uses of Seclusions & Restraints - Transfers offered to and accepted by victims of violent acts - Count of violent acts (10 of the 17 reportables)

30. Verification Form, Top of Page 1

31. Bottom of Page 1

32. Top of Page 2

33. Bottom of Page 2

34. The discipline data verification process occurs at year-end • DPI contracts out the annual verification of the discipline data to TOPS at NC State. • At TOPS this is coordinated by Amy Powell-Moman. • Initial School and LEA verification forms are due to TOPS by June 30.

35. Disciplinary Data Verification Process After receiving the initial verification forms, TOPS… • Checks in verification forms • Pulls and runs data • Enters impermissible acts and victim transfers into database • Creates a SAS dataset and an intermediate verification form

36. Disciplinary Data Verification Process 5. Compares resulting intermediate verification form to initial verification forms • No Discrepancies • Send email to LEA contact person • LEA returns an acknowledgment email • MARK as RESOLVED • Discrepancies • Create discrepancy spreadsheet • Highlight discrepancies • Enter in brackets [what was found on initial verification form] • Send discrepancy email to LEA contact person

37. Example Discrepancy Spreadsheet 1

38. Example Discrepancy Spreadsheet 2

39. Disciplinary Data Verification Process • Resolution by TOPS: • Write preliminary code to find discrepancies • Test code • Schedule a phone meeting with LEA contact person • Work with LEA contact person to find: • Miscodings • Last minute changes • Missing incidents, offenders, or acts • Suspensions • How we help fix the USDDC problem • Update act codes or consequences in the SAS data file or LEA can update USDDC and I will re-pull the data. • Rerun program to compile changes and create final data file and final verification form • No changes will be made in USDDC by TOPS

40. Disciplinary Data Verification Process • Final verification by TOPS • Send a final verification form that reflects the corrected numbers to the LEA contact person to obtain appropriate signatures • Final verification form is faxed back with appropriate signatures • Update records • MARK as RESOLVED

41. Disciplinary Data Verification Process TOPS Suggestions for a Smoother Verification Process: • Please have LEA and Schools records available during the resolution phone call. • The process will take much longer if the schools are allowed to get involved. • If the LEA contact person changes after June 30th, please send the new contact person’s information with the initial verification form. • Don’t forget about vacations during the summer.

42. So much for Data Adequacy.Now, Data Accuracy… …can be obtained by: • Accuracy of data entry  requires proper (NC WISE) training of school personnel by LEA personnel • Checking and correcting - corrections make current data accurate - record of errors made for immediate feedback to school personnel and to include in future training

43. Error checking (at any time) using NC WISE Reporting Hub Reports

44. Error Checking Using NC WISE Reporting Hub Reports

45. 1. Using“Incidents Reported By”to Check for Duplicates • Check to see if there is more than one incident with the same incident date and offender.

46. 2. Using “Incidents with No Members Involved” to Check for Incomplete Incidents • Each of these could be an incomplete fragment or a duplicated fragment.

47. 3. Using “Incidents with No Incident Number” to Check for Incorrectly Entered “Student Incidents”

48. 4. Using “Student Incidents with OSS Codes Inconsistent with Suspension Days”

49. 5. Using “Student Offender Type not Student” to Catch Incorrect Offender Types

50. Checking for Errors after Data Transfers Using USDDC Reports • Incomplete Incidents Report • 2. Detail Reports: • - School Incident Summary Report • - LEA Incident Summary Report