JICFB-R
Bullying Prevention and Intervention Regulations
I. DEFINITIONS
Below you will find definitions of key terms that will be used throughout the plan:
Aggressor is a student or any member of school staff including but not limited to an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional who engages in bullying, cyberbullying, or retaliation.
Bullying, as defined in M.G.L. c. 71, § 37O, is the repeated use by one or more students or by a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:
1. causes physical or emotional harm to the target or damage to the target’s property;
2. places the target in reasonable fear of harm to himself or herself or of damage to his or her property;
3. creates a hostile environment at school for the target;
4. infringes on the rights of the target at school; or
5. materially and substantially disrupts the education process or the orderly operation of a school.
Cyberbullying, is bullying through the use of technology or electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, and Internet postings. See M.G.L. c. 71, § 37O for the legal definition of cyberbullying.
Hostile environment, as defined in M.G.L. c. 71, § 37O, is a situation in which bullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to alter the conditions of a student’s education.
Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.
Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, support staff, or paraprofessionals.
Target is a student against whom bullying, cyberbullying, or retaliation has been perpetrated.
II. TRAINING AND PROFESSIONAL DEVELOPMENT
Under M.G.L. c. 71, § 37O the Ashburnham Westminster Regional School District is responsible for providing ongoing professional development for all staff, including but not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, and paraprofessionals. The format for training and professional development can be found below:
A. Annual staff training on the Plan. Annual training for all school staff on the Plan will include staff duties under the Plan, an overview of the steps that the principal or designee will follow upon receipt of a report of bullying or retaliation, and an overview of the bullying prevention curricula to be offered at all grades throughout the school or district. Staff members hired after the start of the school year are required to participate in school-based training during the school year in which they are hired, unless they can demonstrate participation in an acceptable and comparable program within the last two years.
B. Ongoing professional development. The goal of professional development is to establish a common understanding of tools necessary for staff to create a school climate that promotes safety, civil communication, and respect for differences.
Professional development will build the skills of staff members to prevent, identify, and respond to bullying. As required by M.G.L. c. 71, § 37O, the content of schoolwide and districtwide professional development will be informed by research and will include information on:
developmentally (or age-) appropriate strategies to prevent bullying;
developmentally (or age-) appropriate strategies for immediate, effective interventions to stop bullying incidents;
information regarding the complex interaction and power differential that can take place between and among an aggressor, target, and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment;
information on the incidence and nature of cyberbullying; and
Internet safety issues as they relate to cyberbullying.
Professional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing students’ Individualized Education Programs (IEPs). This will include a particular focus on the needs of students with autism or students whose disability affects social skills development.
Additional areas identified by the district for professional development include:
· promoting and modeling the use of respectful language;
· fostering an understanding of and respect for diversity and difference;
· building relationships and communicating with families;
· constructively managing classroom behaviors;
· using positive behavioral intervention strategies;
· applying constructive disciplinary practices;
· teaching students skills including positive communication, anger management, and empathy for others;
· engaging students in school or classroom planning and decision-making; and
· maintaining a safe and caring classroom for all students.
C. Written notice to staff. The district will provide all staff with annual written notice of the Plan by publishing information about it, including sections related to staff duties, in the schools’ employee handbooks.
III. ACCESS TO RESOURCES AND SERVICES
A. Identifying resources. Each school within the Ashburnham-Westminster Regional School District will designate members within their building that will participate on the anti-bullying taskforce. This group which consists of school personnel, local law enforcement, advocacy organizations, parents and other interested parties will meet on a bi-annual basis with the sole purpose of evaluating the district’s Bullying Prevention and Intervention Plan. During this process taskforce members will identify current programs and services that are already in place. Once a comprehensive mapping process has been completed the taskforce will develop action steps for addressing any gaps in services. This may include adopting new curricula, reorganizing staff, establishing safety planning teams, and identifying other agencies that can provide services.
B. Counseling and other services. Taskforce members will be responsible for monitoring and updating an already established list of community resources. [1]
C. Students with disabilities. As required by M.G.L. c. 71B, § 3, as amended by Chapter 92 of the Acts of 2010, when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, the Team will consider what should be included in the IEP to develop the student's skills and proficiencies to avoid and respond to bullying, harassment, or teasing.
D. Referral to outside services. All referrals will be consistent with the Ashburnham- Westminster Regional School District, Critical Incident Management Plan.
IV. ACADEMIC AND NON-ACADEMIC ACTIVITIES
The law requires each school or district to provide age-appropriate instruction on bullying prevention in each grade that is incorporated into the school’s or district’s curricula. Curricula must be evidence-based. Effective instruction will include classroom approaches, whole school initiatives, and focused strategies for bullying prevention and social skills development. The Ashburnham-Westminster Regional School District will follow the Department of Elementary and Secondary Education’s guidelines for implementing social and emotional learning curricula when it is established prior to June 30, 2011. In accordance with M.G.L. c. 71, § 37O the plan will be reviewed annually with the students of the Ashburnham-Westminster Regional District. The following are guidelines that will be followed while developing and implementing social and emotional curricula:
A. Specific bullying prevention approaches. Bullying prevention curricula will be informed by current research which, among other things, emphasizes the following approaches:
· using scripts and role plays to develop skills;
· empowering students to take action by knowing what to do when they witness other students, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to an extracurricular activity, other paraprofessional, or other members of staff engaged in acts of bullying or retaliation, including seeking adult assistance;
· helping students and staff understand the dynamics of bullying and cyberbullying, including the underlying power imbalance;
· emphasizing cybersafety, including safe and appropriate use of electronic communication technologies;
· enhancing students’ skills for engaging in healthy relationships and respectful communications; and
· engaging students in a safe, supportive school environment that is respectful of diversity and difference.
B. General teaching approaches that support bullying prevention efforts. The following approaches are integral to establishing a safe and supportive school environment. These underscore the importance of our bullying intervention and prevention initiatives:
· setting clear expectations for students and Staff and establishing school and classroom routines;
· creating safe school and classroom environments for all students, including for students with disabilities, lesbian, gay, bisexual, transgender students, and homeless students;
· using appropriate and positive responses and reinforcement, even when students require discipline;
· using appropriate responses when Staff require discipline;
· using positive behavioral supports;
· encouraging adults to develop positive relationships with students;
· modeling, teaching, and rewarding pro-social, healthy, and respectful behaviors;
· using positive approaches to behavioral health, including collaborative problem-solving, conflict resolution training, teamwork, and positive behavioral supports that aid in social and emotional development;
· using the Internet safely; and
· supporting students’ interest and participation in non-academic and extracurricular activities, particularly in their areas of strength.
V. POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TO BULLYING AND RETALIATION
A. Reporting bullying or retaliation.
Reports of bullying or retaliation may be made by staff, students, parents or guardians, or others, and may be oral or written. Oral reports made by or to a staff member shall be recorded in writing. A school or district staff member is required to report immediately to the principal or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses. Reports made by students, parents or guardians, or other individuals who are not school or district staff members, may be made anonymously. The school or district will make a variety of reporting resources available to the school community including, but not limited to, an Incident Reporting Form or a direct email to school administration.
Incident reporting forms can be found: 1. on the school district’s website; 2. in the school’s main office, the counseling office; 3. in the student handbook. Guidelines for reporting are as follows:
1. Reporting by Staff
A staff member will report immediately to the principal or designee when he/she witnesses or becomes aware of conduct that may be bullying or retaliation. The requirement to report to the principal or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline.
2. Reporting by Students, Parents or Guardians, and Others
The school or district expects students, parents or guardians, and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the principal or designee. Reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report. Students, parents or guardians, and others may request assistance from a staff member to complete a written report. Students will be provided practical, safe, private and age-appropriate ways to report and discuss an incident of bullying with a staff member, or with the principal or designee.
B. Responding to a report of bullying or retaliation.
1. Safety
Before fully investigating the allegations of bullying or retaliation, the principal or designee will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents. Responses to promote safety may include, but not be limited to, creating a personal safety plan; pre-determining seating arrangements for the target and/or the aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a “safe person” for the target; and altering the aggressor’s schedule and access to the target. The principal or designee will take additional steps to promote safety during the course of and after the investigation, as necessary.
The principal or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation, a student who has witnessed bullying or retaliation, a student who provides information during an investigation, or a student who has reliable information about a reported act of bullying or retaliation.
2. Obligations to Notify Others
Notice to parents or guardians. Upon determining that bullying or retaliation has occurred, the principal or designee will promptly notify the parents or guardians of the target and the aggressor, if the aggressor is a student, of this, and of the procedures for responding to it. There may be circumstances in which the principal or designee contacts parents or guardians prior to any investigation. Notice will be consistent with state regulations at 603 CMR 49.00.
Notice to Another School or District. If the reported incident involves students or staff from more than one school district, charter school, non-public school, approved private special education day or residential school, or collaborative school, the principal designee first informed of the incident will promptly notify by telephone the principal or designee of the other school(s) of the incident sothat each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations, and 603 CMR 49.00.
Notice to Law Enforcement. At any point after receiving a report of bullying or retaliation, including after an investigation, if the principal or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor, the principal will notify the local law enforcement agency. All notification will be done in accordance with the district and police departments’ memorandum of understanding.3 Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency. Also, if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school, the principal or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressor.
In making this determination, the principal will, consistent with the Plan and with applicable school or district policies and procedures, consult with the school resource officer, if any, and other individuals the principal or designee deems appropriate.
C. Investigation.
The principal or designee will investigate promptly all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegation(s) and the ages of the students involved.
During the investigation the principal or designee will, among other things, interview students, staff, witnesses, parents or guardians, and others as necessary. The principal or designee (or whoever is conducting the investigation) will remind the alleged aggressor, target, and witnesses that retaliation is strictly prohibited and will result in disciplinary action. Interviews may be conducted by the principal or designee, other staff members as determined by the principal or designee, and in consultation with the school counselor, as appropriate. To the extent practicable, and given his/her obligation to investigate and address the matter, the principal or designee will maintain confidentiality during the investigative process. The principal or designee will maintain a written record of the investigation.
D. Determinations.
The principal or designee will make a determination based upon all of the facts and circumstances. If, after investigation, bullying or retaliation is substantiated, the principal or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities. The principal or designee will: 1) determine what remedial action is required, if any, and 2) determine what responsive actions and/or disciplinary action is necessary.
Depending upon the circumstances, the principal or designee may choose to consult with the students’ teacher(s) and/or school counselor, and the target’s or aggressor’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development.
The principal or designee will promptly notify the parents or guardians of the target, and the aggressor, if the aggressor is another student, about the results of the investigation and, if bullying or retaliation is found, what action is being taken to prevent further acts of bullying or retaliation. All notice to parents must comply with applicable state and federal privacy laws and regulations. Because of the legal requirements regarding the confidentiality of student records, the principal or designee cannot report specific information to the target’s parent or guardian about the disciplinary action taken unless it involves a “stay away” order or other directive that the target must be aware of in order to report violations.
E. Responses to Bullying.
1. Teaching Appropriate Behavior Through Skills-building
Upon the principal or designee determining that bullying or retaliation has occurred, the law requires that the school or district use a range of responses that balance the need for accountability with the need to teach appropriate behavior. M.G.L. c. 71, § 37O(d)(v). Skillbuilding approaches that the principal or designee may consider include:
· offering individualized skill-building sessions based on the school’s/district’s anti-bullying curricula;
· providing relevant educational activities for individual students or groups of students, in consultation with guidance counselors and other appropriate school personnel;
· implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals;
· meeting with parents and guardians to engage parental support and to reinforce the antibullying curricula and social skills building activities at home;
· adopting behavioral plans to include a focus on developing specific social skills; and
· making a referral for evaluation.
2. Taking Disciplinary Action
If the principal or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the principal or designee, including the nature of the conduct, the age of the student(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Plan and with the school’s or district’s code of conduct.
Discipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), which should be read in cooperation with state laws regarding student discipline.
If the principal or designee determines that a student knowingly made a false allegation of bullying or retaliation, that student may be subject to disciplinary action.
3. Promoting Safety for the Target and Others
The principal or designee will consider what adjustments, if any, are needed in the school environment to enhance the target's sense of safety and that of others as well. One strategy that the principal or designee may use is to increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur.
Within a reasonable period of time following the determination and the ordering of remedial and/or disciplinary action, the principal or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the principal or designee will work with appropriate school staff to implement them immediately.
VI. COLLABORATION WITH FAMILIES
A. Parent education and resources.
The district will offer education programs for parents and guardians that are focused on the parental components of the anti-bullying curricula and any social competency curricula used by the district or school. The programs will be offered in collaboration with the PTO, PTA, School Councils, Special Education Parent Advisory Council, or similar organizations.
B. Notification requirements.
Each year the district will inform parents or guardians of enrolled students about the anti-bullying curricula that are being used. This notice will include information about the dynamics of bullying, including cyberbullying and online safety. The school or district will send parents written notice each year about the student-related sections of the Plan and the school's or district's Internet safety policy. All notices and information made available to parents or guardians will be in hard copy and electronic formats, and will be available in the language(s) most prevalent among parents or guardians. The school or district will post the Plan and related information on its website.
VII. RELATIONSHIP TO OTHER LAWS
Consistent with state and federal laws, and the policies of the school or district, no person shall be discriminated against in admission to a public school of any town or in obtaining the advantages, privilege and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin, or sexual orientation. Nothing in the Plan prevents the school or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law, or school or district policies.
In addition, nothing in the Plan is designed or intended to limit the authority of the school or district to take disciplinary action or other action under M.G.L. c. 71, §§ 37H or 37H1/2, other applicable laws, or local school or district policies in response to violent, harmful, or disruptive behavior, regardless of whether the Plan covers the behavior.