October is anti-bullying month. Did you know....

Senate Bill 1138, “AN ACT CONCERNING THE STRENGTHENING OF SCHOOL BULLYING LAWS”; among its many provisions, the bill expands the types of conduct that constitute school bullying and the situations where it can occur. It expressly identifies as bullying: any targeting of a student based on the student's actual or perceived “differentiating” characteristics, such as race, gender, sexual orientation, or physical appearance, and; actions taken through electronic communications or devices that otherwise qualify as bullying and are known collectively as “cyber bullying.” It is noted that students and parents testified about being bullied for their racial heritage or sexual orientation, how profoundly they were affected, and how one 14-year old girl committed suicide in part due to relentless cyber bullying in the most recent past.

Technology is moving forward in leaps and bounds, and school-age kids are keeping up with it via cell phones, Twitter, and social media sites like Facebook. Those are all likely arenas for cyber bullying, and our laws need to keep up with these changes in technology. This is a tough and most comprehensive area that addresses both traditional bullying and electronic cyber bullying, both of which are intolerable.

Under current Connecticut law, bullying consists of overt acts by one or more students that are directed at another student and are intended to ridicule, humiliate, or intimidate and which are repeated more than once against any student during the school year.

The bill expands the definition of bullying to cover written, verbal, and electronic communications; physical acts; and gestures by a student or a group of students directed against another student that causes the student physical or emotional harm or damages his or her property; puts the student in reasonable fear of harm or property damage; creates a hostile school environment for the student; infringes on the student's rights at school; or substantially disrupts the education process or a school’s orderly operation.

The bill also makes the school principal responsible for investigating bullying whether it occurs in or out-of-school, if it affects the school or students in the school or school district, and requires all school employees—not just teachers and administrators—to report bullying incidents they see or that are reported to them.

The bill also requires schools and school districts to adopt safe school climate plans —rather than policies—to address bullying, and adds requirements that schools establish deadlines for reporting, investigating, and notifying parents and guardians about bullying incidents; prohibits retaliation against those who report bullying; and requires school officials to notify police when they believe bullying conduct constitutes a crime.

When a child is bullied, it is normal they will feel feelings of withdraw, frustration, fatigue, “not wanting to live” - being the worse feeling because they are called names, victimized by the bully or bullies that include labeling their target (the victim) resulting in the victim not wanting to be seen in school or in public. This is a sad and terrible way for a child to live and enjoy their youth and focus on an education – all because of being bullied. Worse – this week a school was notified again of the master bully and his behavior, of which they knew about the bully more than once by more than one parent starting from middle school into high school.

In Connecticut, here is a fact – bullying is against the law. According to Connecticut General Statutes Section 10-222d (CGS 10-222d) that was passed in 2002 and amended twice, in the 2006 legislative session and in the 2008 legislative session states “Any overt acts by a student or a group of students against another student while on school grounds, at a school sponsored activity, or on a school bus, which acts are committed more than once against another student during the school year.” There are also policies that include provisions addressing bullying outside the school setting if it has a direct and negative impact on a student’s academic performance or safety in school.

Many school districts have an anti-bullying policy.  Having stated that fact, other schools in several school districts changed their anti-bullying policies to be stronger because bullying is against the law. Some added amendments to their previous anti-bullying policies to meet CGS 10-222d because bullying does begin in the school where the same students attend, following the bullies continue to bully their targets off school grounds in acts such as verbal abuse, vandalism to homes where the kids they bully live, steeling, and worse – attacking their target physically by threatening to perform or will do harmful acts of severe beatings when the bully sees them in a public place with other friends. There are also situations where a bully will call a friend or “connection contact” from another town or school to continue these harmful acts to another kid and the beat goes on like the song says. It also happens on the internet, cell phones, social networking too.

On the Federal Level, understand the anti-bullying does apply when a parent of a child who is being bullied reports their children being harassed with all documentation and witnesses who saw the bullying. When it comes to bullies breaking the law and school officials who don’t exercise the law or enforce their anti-bullying policies hard enough need to understand ignoring it and treating it like “kids will be kids” is a problem. They need to educate all students as a constant reminder about harassment will not be tolerated and why.

The United States Department of Education Office for Civil Rights enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance. Schools are also places of public accommodation and bound by State Civil Right Laws.

Did you know that bullies are breaking the laws set forth by the United States Department of Education for Civil Rights in the schools, whether they bully children or adults – no matter where and how they perform their acts of bullying? And when schools are notified more than once about a bully by a parent, guardian, student or staff, if it continues, Connecticut has a Department called The Commission of Human Rights and Opportunities (CHRO), a department of which litigation hearings are held after a complaint is filed for any field, any age, any situation that violates civil rights and laws, even a complaint from a parent about a bully who harasses on school grounds and off school grounds.

The complaint, when heard and proof is given, can lead into a legal settlement where the defendant, like in a court room, may have to pay financial damages and expenses through CHRO.