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Advocating for a Bully-Free World

Advocating for a Bully-Free World. By Suge Lee, Staff Attorney Disability Rights California. Our Focus Today:. Advocacy through Law. And Beyond the Law…. Laws. Protect rights of People with Disabilities Discrimination Harassment Bullying Hate Crime Free and appropriate education

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Advocating for a Bully-Free World

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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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