State Board of Education Issues Proposed Regulations on Student Fees and Bullying

The State Board of Education recently announced it was beginning the process to adopt regulations to implement AB 1575 (2012) and AB 9 (2011) regarding bullying.  AB 1575 prohibits school districts from charging students fees for participating in any educational activity, including extracurricular activities. Districts were required to have policies in place to implement AB 1575 by March 1, 2013. The bill allows complaints regarding fees to be filed with the school principal. Anonymous complaints are permitted, and if the complainant is not satisfied with the decision at the school level, an appeal to the California Department of Education may go forward. The department is authorized to direct reimbursement of all improperly collected fees if it finds an appeal has merit. AB 9 required districts to adopt policies prohibiting bullying based on specific characteristics, including disability, gender, gender identity and expression, nationality, race or ethnicity. AB 9 also required districts to have procedures for receiving and investigating complaints of such bullying. The  proposed regulations published by the State Board of Education amend the existing Uniform Complaint Procedures to include complaints about student fees and complaints of bullying. Comments on the proposed regulations may be submitted by e-mail or in writing until May 15, 2013. The regulations are posted at www.cde.ca.gov/re/lr/rr. 

Marsha Bedwell

It's July 1: Do Your Anti-Bullying Policies Comply With The Law?

As of July 1, 2012, AB 9 requires that all school district anti-harassment/anti-discrimination board policies must include language prohibiting the intimidation and bullying based on the actual or perceived characteristics as set forth in Education Code 220. 

AB 9 also requires districts to have a complaint procedure in place for responding to allegations of bullying.

Do your board policies comply with the requirements set forth in AB 9?  If not, now is the time to revise them!

For past coverage of AB 9 and its requirements, please click here.

Documentary "Bully" Secures PG-13 Rating

The documentary film, "Bully," which had originally received an R-rating from the Motion Picture Association of America (MPAA), has now secured a PG-13 rating from the same group.   The film follows five students and their families that have been affected by bullying. 

The previous R-rating was due to strong language.  That R-rating would prohibit children under age 17 from seeing the film without an adult -- much of the intended audience would have been kept out of the theater.  However, the film has been editing to remove several instances of the language and now children as young as 13 can view it in the theater. 

This film, and the struggle over the rating, has brought the issue of bullying front and center in Hollywood.  Celebrities such as Joel McHale, Wilmer Valderrama, and Victoria Justice were present at the red carpet premiere, which was covered by E! Entertainment.

How does your District use different forms of media to help combat bullying?  Do you plan on showing films such as "Bully" as a tool to educate students?

Remember that under AB 9, all Districts must update their anti-harassment policies to include anti-bullying and anti-intimidation language by July 2012. 

For more coverage on "Bully" and the fight to get a PG-13 rating, see the MSNBC article here.

(Please note we have not yet viewed the film.  This blog post is intended to be an editorial comment on the challenges faced in producing the film and the challenges faced by schools in educating their students on the dangers of bullying.)

January 25, 2012: National Gay-Straight Alliance Day

Today marks the first ever Gay-Straight Alliance Day, as noted on the White House and Department of Education’s (“DOE”) blogs. In recognition of this day, Secretary of Education Arne Duncan has recorded a video message to students, teachers and allies affirming the President’s commitment to safe schools for all students.

Both the federal government and California continue to emphasize the need to combat discrimination, harassment, intimidation and bullying at our schools. In June 2011, the DOE issued a Dear Colleague Letter  addressing the problem of harassment and bullying of lesbian, gay, bisexual, and transgender (“LGBT”) students and encouraging gay-straight alliances at schools. California recently required school districts to expand their anti-harassment policies to include anti bullying. Under AB 9, these policies must prohibit discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Education Code section 220, which include disability, gender, nationality, race or ethnicity, religion, and sexual orientation.

Below is a transcript of Secretary Duncan’s video message:

On the first-ever National Gay-Straight Alliance Day, I want to say thank you to all of the student leaders and faculty advisors who are doing the courageous work of making campuses safe places that are free of bullying and harassment.

Harassment and bullying are serious problems at schools and colleges, especially for lesbian, gay, bisexual, and transgender students. We have to dispel the myth that bullying is just a normal rite of passage, or an inevitable part of growing up.

President Obama and I believe that we have a collective obligation to ensure that all our schools are safe for all children. Every single student deserves the opportunity to learn and grow and achieve their potential, without having to worry about the threat of harassment.

When students are harassed or bullied, it directly affects their work in the classroom, their aspirations for the future, and their desire to stay in school.

Gay-Straight Alliances and similar student groups play an important role in creating welcoming, affirming, and respectful schools and colleges – safe places where learning can happen and students flourish.

This work is absolutely essential.

GSAs are a proven tool for creating welcoming school climates and helping students stay in school.

Our team at the Department of Education is committed to giving school districts guidance on providing all students, including LGBT, gender nonconforming students, and their allies, a safe place to learn, meet, share experiences, and discuss matters that are important to them. These are goals that our Administration takes very seriously.

This day is an opportunity to recognize the importance of Gay-Straight Alliances in schools across America. On behalf of President Obama, I want to thank you for your hard work, your leadership, and your courage. Your work makes a difference – so keep it up.

Meghan Covert Russell

Heads Up! Revise Your District’s Anti-Harassment Policies to Include Anti-Bullying By July 2012

AB 9, which amends and adds to Education Code section 234 et seq., requires school district policies to prohibit discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Education Code section 220 (including disability, gender, nationality, race or ethnicity, religion, and sexual orientation). Existing law requires district policies to address discrimination and harassment – as of July 1, 2012, these policies also have to explicitly address intimidation and bullying based on perceived characteristics. The policies must also include a statement that they apply to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.

AB 9 also sets forth a more detailed process for dealing with complaints of discrimination, harassment, intimidation or bullying based on perceived protected characteristics. The complaint process must include, but is not limited to:

1. A requirement that school personnel must take immediate steps to intervene, when safe, if they witness an act of discrimination, harassment, intimidation or bullying.

2. A timeline to investigate and resolve complaints.

3. An appeal process.

4. Forms developed pursuant to this process must be translated.

These policies must be publicized to students, parents, employees, agents of the governing board, and to the general public.

Districts should examine their existing anti-harassment policies and make sure they comply with the new requirements of AB 9 before July 1, 2012.

The chaptered bill can be accessed here.

Meghan Covert Russell