AB 9 Seth's Law - The Resounding SLAP to the Faces of Victims and Educators Alike.

California AB 9 "Seth’s Law” is a relatively new law (July 1, 2012.) that somewhat strengthens state anti-bullying laws to “help protect all California public school students.” 

This writer feels as a public school counselor that AB 9 doesn’t do nearly enough and has a glaring flaw that renders it effectively useless.

Seth’s Law is named after a 13-year-old California student who tragically took his own life in 2010 after years of anti-gay bullying that his school failed to address. The latter is an overwhelmingly common theme in student suicides caused by the destructive atmosphere of peer bullying.

Seth’s Law requires public schools in California to update their anti-bullying policies and programs, further it’s authors state, it focuses on protecting students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability and religion.

California law says that all public school students should have equal rights and opportunities. Free of hindrance towards the learning process. However, many lesbian, gay, bisexual, transgender, and questioning students report that they experience significant bullying in California schools under previous statute and loosely organized attempts to prevent this. Further, teachers, administrators, and other staff often fail to address the bullying when they see it. 

AT A GLANCE: The California State anti-bullying law requires school districts to:

Adopt a strong anti-bullying policy that specifically spells out prohibited bases for bullying, including sexual orientation and gender identity/gender expression.

Adopt a specific process for receiving and investigating complaints of bullying, including a requirement that school personnel intervene if they witness bullying.

Publicize the anti-bullying policy and complaint process, including posting the policy in all schools and offices.

Post on the district website materials to support victims of bullying.

School Personnel Must Intervene

Seth’s Law specifically contains the following requirement: “If school personnel witness an act of discrimination, harassment, intimidation, or bullying, he or she shall take immediate steps to intervene when safe to do so.” (Education Code Section 234.1(b)(1)) (See definition of "Intervene" below)

AB 9: SETH’S LAW; CALIFORNIA EDUCATION CODE SECTIONS

234, 234.1, 234.2, 234.3 AND 234.5

FROM THE ACLU OF CALIFORNIA

Each School District is Required to Adopt a Policy

that prohibits discrimination, harassment, intimidation, and bullying that applies to all acts related to school activity or school attendance occurring within a school. Under Seth’s Law, the policy must specifically pro-hibit discrimination, harassment, intimidation, and bullying based on these actual or perceived characteristics: disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, and sexual orientation. Discrimination, harassment, intimidation or bullying directed at someone associated with a person or group with one or more of the listed actual or perceived characteristics is also prohibited. (Education Code Section 234.1(a))

Anti-Bullying Complaint Process

School districts must adopt a process for receiving and investigating complaints of discrimination, harassment, intimidation, or bullying. The process must include a timeline to investigate and resolve complaints and an appeals process for the complainant. All complaints are to remain confidential, as appropriate, and schools are required to protect complainants from retaliation. (Education Code Section 234.1(b) & (f))

Publication of Anti-Bullying Policy and Complaint Process

School districts must publicize their anti-bullying policy and complaint process, including information about how to file a complaint, to students, parents, and the general public. The anti-bullying policy must be posted in all schools and offices, including staff lounges and student government meeting rooms. The anti-bullying policy and any complaint process forms must be translated, as appropriate. (Education Code Section 234.1(c) & (d))

Posting of Bullying Resources

School districts are required to post and annually update support resources to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying and their families on their websites. A list of these resources must also be provided to each school within the district. (Education Code Section 234.5)

From the California Department of Education:

Sample Action Plan for Local Educational Agencies

1. Policy Revision
   
   Action Steps:
1. Review current harassment/discrimination policy
2. Add "intimidation and bullying based on the actual or perceived characteristics" to harassment/discrimination policy
3. Add "intimidation and bullying" to complaint process
4. Add language for staff taking immediate actions when safe to do so
5. Submit policy for board adoption
2. Timeline for Investigation
   
   Action Steps:
1. Work with school sites to identify a realistic timeline for investigation
2. Develop check-list for proper investigations
3. Provide language on the number of days and process to investigate a complaint to include in policy
3. Appeals Process
   
   Action Steps:
1. Revise current appeals process to include Assembly Bill 9 requirements
2. Develop or revise current forms
3. Add district staff contact for appeals of findings
4. Translate All Forms
   
   Action Steps:
1. Submit revised forms for translation
2. Identify high need languages
3. Translate all documents
4. Maintain records for costs to translate
5. Publicize Policy
   
   Action Steps:
1. Revise student handbooks to comply with AB 9
2. Revise employee handbooks to comply with AB 9
3. Place revised harassment policy, reporting process, complaint process, and appeals process on school site and district Web sites
6. Post the Policy
   
   Action Steps:
1. Identify all rooms where policy must be posted
2. Duplicate policy and laminate
3. Post policy in offices, staff lounges, pupil government rooms, and other locations as appropriate
7. Maintain Documentation of Complaints and Resolution
   
   Action Steps:
1. Electronic:

1. Develop data-base with fields
2. Identify staff to use the electronic form
3. Provide training Whoops no money or time for lay teachers. We fired the counselors... Hmmm.
1. Paper:

 .    Individual school sites must store and secure paperwork

1. Copy must be sent to the district office lead
2. Files should be maintained for a two-year period
7. Ensure Complainants are Protected from Retaliation
   
   Action Steps:
1. Discussion with students about retaliation and witness intimidation will be provided during behavior assemblies
2. Student handbooks to be revised with statements and consequences for retaliation and witness intimidation
3. Inform complainants of ways to report retaliation or intimidation
4. Follow-up contact with complainants and parents
8. Complainants’ Identities are Confidential as Appropriate
   
   Action Steps:
1. Adhere to Family Educational Rights and Privacy Act
2. Investigate without using names of targets or reporters if possible
3. Attempt to witness the act (documenting time, location, and people involved)
4.  

As perfectly illustrated in the state department of education’s sample action plan above. There are no tools to make the “action steps” about action towards change. There is absolutely no behavioral consequences positive or otherwise, offered to educators by which to make the elaborate design and it’s noble end effective towards protecting  bullied kids or changing the behavior of those students prone to bullying. Nothing, Nada, a motor with a forward direction but no source of fuel. 

Further, if AB 9 came with a plethora of effective and workable behavioral solutions, there is no offering of support for the inevitable fallout from parents who sadly enable bullying behavior in their children. In fact, school administrators are pushed more now than ever before to concede to the protests and threats of litigation from many of these parents, despite the good intentions behind California AB 9.

intervene

[in-ter-veen] 

verb (used without object), in·ter·vened, in·ter·ven·ing.

 

1. to come between disputing people, groups, etc.; intercede; mediate.

2. to occur or be between two things.

3. to occur or happen between other events or periods: Nothing important intervened between     the meetings.

4. (of things) to occur incidentally so as to modify or hinder: We enjoyed the picnic until a thunderstorm intervened.

5. to interfere with force or a threat of force: to intervene in the affairs of another country.

6. Law. to interpose and become a party to a suit pending between other parties.
7. Education. to risk, life, limb, property and even retirement on a half-thought out flight of political fancy. Deviate statute to appease the well intended authors and victims of the California school bullying problem; not broached herein.

Riverside Judge Timothy Freer Remains Presiding over the Violation of Civil Rights Case brought about by a Questionable Bench Warrant Issued by Judge Freer Himself.

Orignally published in Temekunews,com

By Staff on Mar 16, 2013

COURTS, RIVERSIDE, RIVERSIDE HISTORY, COURT SCANDEL, WHERE IS THE DA,       tIMOTHY FREER, along with ROD PACHECO,  STEVE COOLEY,  MICHAEL S. HIDER and many more have been defendants in the past, Involving Civil Rights. Today however Victims allege that Timothy Freer had signed a search warrant which was supposed to be served by a Riverside County Official ‘Constable’ (see warrant Below) but somehow it was served in part or in whole by Civilians (WalMart Loss Prevention) with the assistance of other outside agencies ( Border Patrol.)

Despite possible criticism for his controversial warrant, the victims allege,  that Judge Timothy Freer continues to place himself over hearings of the victims whose home was trashed by WalMart Inc. Under the authority of that same warrant. The Victims allege that Freer knew there rights were violated, and an illegal search performed. And as more victims come forward. more facts come to light.

An Officer testified in Court and in front of  Judge Timothy Freer ” WE DIDN’T SEIZE IT “  indicating himself , other officers and the supposed seizure of Marijuana found at the home providing probable cause to search the whole house.  However, He didn't speak for the Civilians there that evening, part of the Team from Wal-Mart Loss Prevention (whom had taken the lead positions in searching the victim's home. The Senior Deputy had undergone illegal drug handling case handling courses via the department"s training, and testified under oath!

He described the Marijuana found from the witness stand. More indepth and in detail  than he did in  the police reports!  Yet the Marijuana and their cause to search VANISHES!  Victims continue to Allege they were ‘ROBBED AT GUN POINT’ and  the whole ordeal was premeditated… Victims acert the Deputies used the warrant as a tool to break the law! Victims were held down and Bound, while an awaiting vehicle carrying civilians  waited for the signal  from Officers to Storm the Home..

The Victims Claim They Owned a Home Based Laptop Business which carried Cash and plenty of Laptops for Sale. All were confiscated.

According to the Temekunews story, these Deputies should have never been issued a warrant when in fact the same Team of officers were under investigation facing a similar Federal Complaint  prior to this search!  Family alleges that the DA Paul Zellerbach  handled the raid for his own puposes  and is intentionally stalling for time to allow limitations to run out on these Deputies and Civilian Loss Prevention Agents. Victims intend to have ALL past  search warrants involving this Team of Deputies Reviewed… Take a look at the warrant. Where does it state ‘Civilians may ASSIST? This makes a strong argument that this Team of  Deputies was acting under the command of a rich and powerful corporate entity. It appears they had done this before.

The warrant was not RECYCLABLE?

The Victims had no way to protect their valuables as the main victim and his child were held down and Bound while Wal-Mart’s civilian team stormed through the home.

It should also be noted that one of the Civilians has an extensive prior history of arrests... an investigation has been started.

The Victim alleges in a Complaint filed with the Court that evidence was planted by either the Sheriff’s S.E.T (Special Enforcement Team ) and/or the the Wal-Mart civilians whom were there in order to create cause and destroy the credibility of the victims. What better way than to plant drugs during the chaos of a gang-style home invasion?

THE SAME DEPUTIES RETURNED TO THE TO THE VICTIMS HOME, NOT ONCE BUT TWO MORE TIMES WITH THE SAME RECYCLED WARRANT ORIGINALLY ISSUED BY JUDGE TIMOTHY FREER! MAKING IT A TOTAL OF THREE SEARCHES WITH ONE WARRANT ! ALL WERE CONDUCTED ON SEPARATE DAYS AND DATES.’
  
An Deputy told the family that the original warrant was good for 30 days…as that  Officer again along with his Team Conducted additional searches on two separate occasions many days later and inside the home. The Family believed the Deputy and let him return because they had never been involved in a search warrant before, and didn’t know the law and or their rights. The family found out months later that those Deputies had no right to recycle an old search warrant! In as much their return may constitute breaking and entering. Including the forced entry the family mentioned in their complaint. ( note: the Victims can’t speak on the details of the two additional searches since a crime has been alleged
.

The Family does insist however that this Team of Deputies came back to their home looking for more Cash, jewelry and more, As a Very Expensive watch was reported Stolen which was Investigated by a SGT VANCE STOLTE, who was present, part of and in charge of the Sheriff’s Team. See the results of the investigation at the bottom. ( Note: other facts and possible charges may exist but cannot be disclosed at this time.)

To read more on this story go to  http://temekunews.com/temecula-family-racially-attacked-shares-their-story/

Victims also allege: That Judge Timothy Freer (same Judge whom signed the search warrant) again presided in a family court rooms 102, which again Involved the actions of Deputy Michael Hamilton, Sgt Vance Stolte and the Victims. The Victims continue to allege that Judge Timothy Freer deliberately placed himself over court hearings involving the search warrant in which he signed, and other allegations

As for the main victims of the gang style raid,  their child was taken away for several months. At the DA’s and Judge Freer’s demands:

1. Mother of the child takes a Drug screen and passes( No signs of drug use in her system)

2. Judge Timothy Freer orders her to take another one, this time she fails?

Regarding the second drug test. Please take a look at the name at the very top of the form and the names at the bottom. The names are clearly different. Most importantly look and follow the arrow to the checkbox! This document was checked “Observed” but who was observed and who’s urine sample is it really? The person named on the top or the person on the bottom?

 

The full names of those involved were blocked out do to privacy concerns, We do have  copies of material evidence including video footage of other drug screening documents and  more documents still. At this point it appears there will be a long list of  allegations naming Deputy Hamilton, Sgt Vance Stolte, Riverside County Sheriff’s Department and more .

The parents allege: Their Child was always covered under their (the Parents) health insurance! However while in the care and custody  of CPS, their child was not covered, and an unknown illness occurred forcing the temporary parents to rush the Child to urgent care. The child was turned away from the urgent care facility because the CPS temporary parents did not have health Insurance for the child.

When a complaint was made to Judge Freer, the Victims were told that, ‘if an emergency ever really came up, that CPS would go before a Judge and have him sign for the Emergency Authorization!’ Parents state ” How long could that take? The Victims wondered. What if there’s another acute emergency? What if an under informed judge gets that late-night call and denies permission because of the courts acute funding problems? What if the call came to Judge Timothy Freer who presided at the parents hearing?

According to the victims,  Judge Timothy Freer made a previous though strange comment to the parents during a hearing. That, ” They were never going to make it” Which left the parents shocked and upset,

It should also be noted that second Craigslist printed threat to the victims ended with this comment, “We don’t give a fuck about your kid.”

 Read More of this story here: http://temekunews.com/breaking-local-judge-to-face-court/ http://dockets.justia.com/search?q=TIMOTHY+F.+FREER%2C+Superior+Court+Judge%2C+in+his+individual+and+official+capacities