Are we in Compliance?

1. Are we in Compliance? Kimberly Simmons Region 10 Counseling Consultant

2. New Bully Definition In the Texas Education code bullying is now defined as;“engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the district and that: (1) has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; or (2) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.” (NEW DEFINITION) House Bill 1942

3. Requirement in the Student Code of Conduct Student Codes of Conduct must prohibit bullying and other harassing behaviors. Texas law: Texas Education Code - Student Code of Conduct: The code of conduct must: •  Specify circumstances under which a student may be removed from a classroom, school campus, or alternative education program; •  Specify conditions when a principal or administrator may transfer a student to an alternative education program; •  Outline conditions under which a student may be suspended or expelled; • Address parent/guardian notification of code violations that result in suspension, removal to a disciplinary alternative education program, or expulsion; •  Prohibit bullying, harassment, and making hit lists and ensure that district employees enforce these prohibitions •  Provide methods for classroom management, student discipline, and “preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists.” • Defines “harassment” as “threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student’s physical or emotional health or safety.”

4. What do we consider Bullying? • Verbal Bullying– name calling, teasing, derogatory woods, demeaning language, verbal agreement. • Physical Bullying – hitting, kicking, shoving, pushing, and spitting. • Cyber-Bullying– Using internet, mobile phone, or other digital technologies to communicate words, images to purposely harm. • Sexual Bullying – Repeated unwanted sexual advances or action to make another, uncomfortable, embarrassed or humiliated. • Racial Bullying – Repeated hostile or offensive actions against people because of their skin color, cultural, religious background or ethnic origin.

5. Transfer of students Parents/guardians may request that their child be transferred to another classroom or another school if their child is a victim of bullying. It is the responsibility of the board of trustees or the board’s designee to verify that the student has been a victim of bullying before the transfer may occur and “may consider past student behavior when identifying a bully.” School districts are not required to provide transportation to a student who transfers to another school. A district may transfer the student who engaged in bullying to another campus at the campus to which the victim was assigned at the time the bullying occurred, or a campus other than that campus -- after consulting with the parent of the student who engaged in bullying. Tex. Education Code § 25.0342 and (NEW) § 37.0832

6. Policy and Procedures • NEW Texas law: Texas Education Code – Discipline, Law and Order Bullying Prevention Policies and Procedures The Board of Trustees of each school district must adopt a policy, including any necessary procedures, concerning bullying that: • prohibits the bullying of a student; • prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying; • establishes a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident; • establishes the actions a student should take to obtain assistance and intervention in response to bullying; • sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying; • establishes procedures for reporting an incident of bullying, investigating reported incident of bullying, and determining whether the reported incident of bullying occurred; • prohibits the imposition of a disciplinary measure on a student who is a victim of bullying on the basis of that student's use of reasonable self-defense in response to the bullying; • requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act. Tex. Education Code § 37.0832 

7. Let’s look at Policy in Place Investigate (questions) Report (forms in Place) Document (parents)

8. What does Training Need to have? Identifying a bully Identifying the victim Strategies to work with Bullies, Victims, and Bystanders Discipline Procedures Best Practices or Programs

9. When do we report to Police? Notify the police if the aggressive behavior is criminal. The following may constitute a crime: • Threats of violence • Child pornography and sexting • Taking a photo image of someone in a place where he or she would expect privacy • Harassment, stalking, or hate crimes • Obscene or harassing phone calls or text messages • Sexual exploitation • Extortion

10. Legal Duties of Schools? • School districts are liable for student-on-student sexual harassment, and accordingly acts of adolescent dating abuse that constitute sexual harassment, when; • (1) a student has been sexually harassed; • (2) the school has actual knowledge of the harassment; • (3) the harassment was severe, pervasive and objectively offensive; • (4) the harassment caused the student to be deprived of access to educational opportunities or benefits; and • (5) the school is deliberately indifferent to the harassment

11. Teen Dating Violence District Must have a Dating Violence Policy in Place and included in the district improvement plan. This policy must address safety planning, enforcement of Protective orders. School based alternative to protective orders, training for staff, Counseling of affected students Awareness education for Students and Parents

12. Teen Dating Violence Policy Checklist Definition of Key Terms Clear, concise definitions also allow every member of the school community to have same understanding of the scope, goals, and limitations of the policy. Confidentiality The policy should contain a statement that any student information regarding dating violence will be kept confidential to the best of the school’s ability. In addition, each school should develop protocols regarding sharing of student information with staff, parents, community-based organizations, law enforcement, and child protective services. Students’ Rights and Responsibilities The district’s policy or student code of conduct should include a statement of students’ rights and responsibilities under the district’s policies. This statement need not be specific to situations of dating violence, however it should include the rights afforded to both a victim of dating violence and an alleged perpetrator. Statement of Zero Tolerance The policy should contain a clear statement that all forms of dating violence – including dating violence, sexual violence, stalking, and harassment – are unacceptable and unwelcome in a positive, supportive learning environment. Staff Training Every member of the school staff should receive a basic training on dating violence annually.

13. Teen Dating Violence Policy Checklist Intervention The policy should include protocols describing the duties of school staff when they witness or are informed of an incident of dating violence. This protocol should include basic steps such as separating the victim and the abuser, assessing immediate safety, informing the victim of his/her rights under the school policy, and documenting the incident. Accommodations Students who are victims of dating violence should have the right to ask their school for reasonable accommodation to protect their safety and allow them to continue their education with minimal disruption. The policy should describe the process for requesting an accommodation, the types of accommodation available. Discipline The district should ensure that its discipline code is inclusive of dating violence, sexual violence, stalking, and harassment. The discipline code should prohibit each of these behaviors explicitly, as well as prohibit the underlying acts that comprise them. For example, the code may already prohibit threats, assaults, and destruction of property, but it should also state that dating violence is prohibited and is punishable by suspension or expulsion. In addition, the discipline code or school policy should describe the process for filing a complaint against a perpetrator of dating violence, for situations where the abusive incident was not witnessed by a staff member.

14. Teen Dating Violence Policy Checklist Prevention This can include modeling respectful behavior, using teachable moments, and class projects exploring dating violence topics. Staff Training Every member of the school staff should receive a basic training on dating violence annually. Enforcement of Court Orders Schools are key partners in ensuring that civil protection orders are effective in protecting the safety of students experiencing dating violence. The policy should include a statement that the district is committed to assisting students with civil protection orders and the district’s protocol for doing so. Documentation Dating violence is often a pattern of behaviors, occurring over a period of time. In some cases, it is only by considering the entire history of a relationship that a pattern of abuse may be seen. It is vital that the policy describe the protocol for documenting incidents of abuse that are witnessed by school staff or reported by students. These files should be kept confidential and treated like other educational records with regard to access by parents or courts.

15. Responding To Dating Abuse When a student discloses an incident of dating violence or sexual violence to a school employee, or if a school employee witnesses an incident that he/she believes is dating violence or sexual violence, the school employee must take the following actions with the non-offending student or make a timely referral to the appropriate Advocate who shall take the following actions as soon as possible: • Inform the student of this policy and his/her rights under the policy, including accommodations and complaint process. If desired by the student, assist with requests for accommodation or complaint forms. • Provide the student with a list of local resources, including on- and off-campus services, and refer him/her to appropriate services. • If desired by the student, create a safety plan that addresses on- and off-campus safety. • Offer to connect the student with a campus or community-based advocate. • Assist with enforcement of protection orders as defined by this policy. • Offer ongoing assistance and advocacy to the student throughout the student’s school career. • With middle school students, the Advocate will, in addition to the above activities: • Provide the student with age/developmentally appropriate material explaining dating violence and sexual violence, including the school’s policy on teen dating violence and sexual violence. • Promptly involved parent(s) and assist in facilitating communication with student and parent(s), including providing educational materials and resources on dating violence and sexual violence. • Involve parent(s) in the creation of a safety plan for the student.

16. Dating Violence Court Program House Bill 2496

17. Sexting SB 407

18. Suicide Legislation 2012 – 2013 School Year

19. Suicide Legislation • The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal, and social abilities. • In addition to a school counselor's responsibility described above, the counselor shall participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students who are at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide. • Tex. Education Code § 33.006 (a) and (b)

20. Consent to Counseling • A child may consent to counseling for: suicide prevention; chemical addiction or dependency; or sexual, physical, or emotional abuse. A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may counsel the child without the consent of the child's parents or, if applicable, managing conservator or guardian with or without the consent of the child who is a client, advise the child's parents or, if applicable, managing conservator or guardian of the treatment given to or needed by the child; and rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's own treatment under this section. Unless consent is obtained as otherwise allowed by law, a physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order. • Tex. Family Code § 32.004

21. Suicide Legislation Programs The Department of State Health Services (in coordination with the Texas Education Agency) must provide and annually update a list of best practice suicide prevention programs for consideration by public schools and report on implementation. The new law also requires DSHS and TEA in developing the list of programs to consider: existing suicide prevention method developed by districts and any internet or online course program developed in the state or another state recognized by the Suicide Prevention Resource Center.

22. Suicide Legislation The new law requires that these program on the best practice list include components that provide for training counselors, teachers nurses, administrators and all other staff as well who regularly interact with students to: 1) Recognize student at risk of committing suicide including the victims or those that engage in bullying. 2) recognize students displaying early warning signs and possible need for early mental health intervention. 3)Intervene effectively with students as mentioned in 1 and 2

23. Intervention for Suicide • Create a prevention task force and link with community services • New term “bullicide” • In-service all staff annually on the warning signs • Train support staff on suicide assessment and parent notification issues • Investigate depression screening and Teen Screen and SOS are evidenced based www.sprc.org • Have support staff obtain the school accreditation credential for suicide prevention • Promote local crisis resources and 1-800-Suicide

24. Suicide Prevention and Marriage and Family Therapists HB 1386

25. Sexual Abuse and Maltreatment of Children SB 471

26. Exempting Certain Persons From Registering as Sex Offender SB 198

27. Expulsion for Criminal Acts Involving a Computer or Computer Network SB 1224

28. Possession and Consumption of Alcohol by a Minor and Providing Alcohol to a Minor House bill 3474

29. Bill of Rights and Credit Reports for Foster Children House Bill 2170

30. Notification Requirements Regarding the Placement of Certain Students House Bill 1907

31. Discipline Legislation SB 49 Parent Notification with DAEP Placement SB 1106 Disclosure of Student Information to Juvenile Service Providers SB 1489 Educational Juvenile Justice and Criminal Justice Responses to Truancy HB 359 Corporal Punishment HB 968 Expulsion from School or Placement in DAEP

32. Higher Education Legislation SB 36 methods for Degree Completion SB 149 School District College Credit Program HB 2538 Confidentiality of Certain Student information HB 3025 Filing a Degree Plan HB 3468 College Readiness Assessment SB 966 High School Diplomas Certain Military Veterans

33. Higher Education Legislation HB 692 High School Graduation requirements for students with Disabilities HB 2909 Increasing Awareness of Higher Education HB 3708 Early High School Graduation Scholarship Program

34. Questions? Thank you Kimberly Simmons Kimberly.simmons@region10.org