CA Dem wants to make schoolyard bullying a federal offense

[driveby]

Fuck the federal gubment, just call Mayhem.....


[ame="http://www.youtube.com/watch?v=Jv30bcu9G4Q"]http://www.youtube.com/watch?v=Jv30bcu9G4Q[/ame]

 

[chanel]

Here we go: Did chanel call this or what? A gift to the trial lawyers.

Department of Education officials say legal action could be taken if schools don't address harassment and if it's determined they "reasonably should have known" about a student's conduct. This is the case even if the school was unaware of the bullying, the extent of which is described in a letter from the department:

"Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents."

In an interview with the Huffington Post, the National School Boards Association -- the only organization to formally oppose the legal measures -- says it doesn't feel it's fair for schools to be liable under a "should-have-known" standard.

School Bullying: Admin Can Be Liable For Harassment Online, Off Campus

The NSBA is the only one to object. Otherwise, people would be accused of being "pro-bullying". Goodbye common sense.

Where's the ACLU?

 

[Sarah G]

Yep. And personally I feel the same way about bullying as I do about sexual harrassment. It must be persistent and not a random comment but we all know how this shit gets people and lawyers all fired up. "Bullying" is the new buzz word. I can't tell you how many people I know who have used that word in the past few weeks. When a child is expelled from the "in crowd" it's bullying. When a kid is teased about a zit, it is bullyiing. Toughen up kids. Some day you may get offended and a grownup won't be there to fight your battles for you.

When I was at school (Catholic), there was a kid whose parents couldn't afford new uniforms so she came to school in what were clearly hand-me-downs... and yea, some kids did mock her for it. The parents got together and all sent their kids to school in hand-me-down uniforms. The mocking soon stopped... but the parents continued to send us to school in hand-me-downs because then she didn't stand out. It was fine.

The girl (she's a friend of mine) went to an Ivy League college, and now travels the world with her job.

And that child was California Girl..

Bullying these days doesn't equal mocking, CG. Have you seen the youtube vids?

It can be terrifying out there for a kid these days. Tons of stress.

 

[chanel]

According to what I just posted, mocking is harrassment. "Harassing conduct may take many forms, including verbal acts and name-calling..."

There is no federal solution Sarah. Check this out: Is it cyberbullying? Should the kids in this school be punished?

Rebecca Black never set out to become the latest viral sensation. The Orange County, Calif., eighth grader did not assume she’d displace Charlie Sheen as a top Twitter trending topic thanks to the first song she recorded–a scrappy synth-pop confection called “Friday”–or, for that matter, that the song’s deliciously lo-fi video would go on to be viewed a staggering 13 million times (and counting) in a month on YouTube in spite of (or more likely, owing precisely to) its amusingly amateurish production values.

And Black, 13, certainly never anticipated the social media uproar, mainstream media hellfire, parodies, and remixes that greeted “Friday” as the video became nearly ubiquitous across Facebook, Tumblr, and Twitter. Time.com called the song–which provides a primer on the days of the week, innocently celebrates partying, and ponders the merits of “kickin’ it” in a car’s front versus the back seat from a wholesome teen girl P.O.V.–“a whole new level of bad” and “a train wreck.” Slate proclaimed “Friday” “disastrous” while Yahoo asked straight up, “Is YouTube sensation Rebecca Black’s ‘Friday’ the worst song ever?”

“Those hurtful comments really shocked me,” Black said yesterday in her first interview since the song came to dominate a certain quadrant of popular culture and crack the iTunes Top 100 singles chart this week, besting the likes of Bruno Mars and Justin Bieber. “At times, it feels like I’m being cyberbullied.”

Aww: Singer feels cyberbullied after song bombs with online listeners « Hot Air

She posted the song, and people didn't like it. Under this new federal policy, the school should be pro-active and find out if any of the "haters" are classmates. It had 13 million hits the first month.

There is no answer. But the internet is a dangerous place. And danger can have negative consequences.

 

[Ravi]

I'd like to see where this is written as a law instead a collection of blogs claiming this.

Thanks!

 

[chanel]

The CA proposal is just that. My guess it it will not pass. But the Huffington Post piece quotes directly from the U.S. Dept. of Ed. announced in Oct. Here ya go:

http://www.stopbullying.gov/referen...house_conference_materials.pdf#dear_colleague

Here is NJ's new law:

The bill (A3466) would require training for most public school employees on how to spot bullying and mandate that all districts form “school safety teams” to review complaints.

Superintendents would have to report incidents of bullying to the state Board of Education, which would grade schools and districts on their efforts to combat it.

Administrators who do not investigate reported incidents of bullying would be disciplined, while students who bully could be suspended or expelled. School employees would also be required to report all incidents they learn of, whether they took place in or outside of school.

N.J. Assembly, Senate pass 'Anti-Bullying Bill of Rights' in wake of Tyler Clementi's death | NJ.com

 

[chanel]

Here is an article from the NSBA.

NSBA attorneys met with representatives from the Education Department this week and also sent a letter detailing NSBA’s concerns about the guidance. They expect the Education Department to issue a response to those concerns and to continue to work with NSBA staff to communicate their enforcement positions and how those would be enforced.

However, the Education Department’s enforcement position as stated in the guidance would further broaden the standard set by the Davis ruling by advising that school officials would be responsible if they “reasonably should have known” about a situation. It also would broaden Davis’s cumulative standard that harassment must be “severe, pervasive, and objectively offensive” to allow any of the three factors to qualify.

NSBA General Counsel asks ED to reconsider anti-bullying regs « School Board News

 

[Ravi]

I doubt it will pass. And thanks for the link, but I could find nothing issued by the dept. of education that backed up

Department of Education officials say legal action could be taken if schools don't address harassment and if it's determined they "reasonably should have known" about a student's conduct. This is the case even if the school was unaware of the bullying

 

[chanel]

Blame the Huffington Post. And I don't think the National School Boards Assn pulled it out of their ass. But believe what you like.

 

[jillian]

Blame the Huffington Post. And I don't think the National School Boards Assn pulled it out of their ass. But believe what you like.

Actually, it's not the National School Boards Assn who posted it near as i can tell.

Maybe it's not a good idea to get our "news" from blogs.

 

[chanel]

I posted the link Jillian. Here it is again. NSBA.org.

NSBA General Counsel asks ED to reconsider anti-bullying regs « School Board News

I'm curious about your opinion. They mention the Davis case.

 

[Immanuel]

Yep. And personally I feel the same way about bullying as I do about sexual harrassment. It must be persistent and not a random comment but we all know how this shit gets people and lawyers all fired up. "Bullying" is the new buzz word. I can't tell you how many people I know who have used that word in the past few weeks. When a child is expelled from the "in crowd" it's bullying. When a kid is teased about a zit, it is bullyiing. Toughen up kids. Some day you may get offended and a grownup won't be there to fight your battles for you.

When I was at school (Catholic), there was a kid whose parents couldn't afford new uniforms so she came to school in what were clearly hand-me-downs... and yea, some kids did mock her for it. The parents got together and all sent their kids to school in hand-me-down uniforms. The mocking soon stopped... but the parents continued to send us to school in hand-me-downs because then she didn't stand out. It was fine.

The girl (she's a friend of mine) went to an Ivy League college, and now travels the world with her job.

And that child was California Girl..

Bullying these days doesn't equal mocking, CG. Have you seen the youtube vids?

It can be terrifying out there for a kid these days. Tons of stress.

Are you saying it wasn't 40 years ago?

I honestly don't think it has gotten any worse. Bullies exist today just as they did 40 years ago and they will be here in 40 years from now.

Immie

 

[chanel]

Not if we legislate being nice Immie.

 

[Immanuel]

Not if we legislate being nice Immie.

Hehe, yeah, that should do it, then alongside all the MJ users in prison, we will have 5 million 7th grade bullies as well. Before long every 7th grader in the country will be behind bars.

Hmmm, maybe I should rethink my position on this?

Immie