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.