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.

Chicago’s Police Superintendent, Garry McCarthy is taking aim at (gun) lobbyists who mcCarthy says prevent politicians, from implementing more gun control measures. (Because they, the vicious gun lobbyists, have apparently discovered that the smell of freshly minted $20s and $50s alter the living brain cells of humans - well especially Human Politicos; wave stacks of $20s in front of the otherwise up-standing politician and that politician; he or she will become giddy,  confused, dizzy, completely malleable in terms of their values. Kind of like waving oxymoron, excuse me, Oxycodon in front of Rush Limbaugh, an otherwise caring, loving and insightful “talking head” who with the help of Rupert Murdoch seek only the essence of truth and fairness in everything they air).

(This unseen life altering presence is a kin to a disease for most politicians. Rumors are leaning toward another re-wright of the  Americans with Disabilities Act. ADAAA 2011)

“If there was a special interest influencing police work, I believe that would be called corruption,” McCarthy said. “So, if it has to do with donating money, versus a popular vote, I think we have a bigger problem in this country and someone has to wake up to that.”
Gun rights advocates seized on the comments, saying that McCarthy was blaming the city’s gun violence on donors and lobbyists who advocate for the Second Amendment.

“Garry McCarthy’s understanding of our Constitution barely qualifies him as a meter maid, never mind the chief of the nation’s third largest police department,” Illinois State Rifle Association Executive Director Richard Pearson said.

Despite having some of the toughest gun laws in the nation, Chicago saw more than 500 homicides last year for the first time since 2008, and some 43 murders took place in January. That has prompted several pro-gun rights groups to say it proves new gun control measures aren’t the answer.

McCarthy told FoxNews.com Owned and controlled by aforementioned Murdoch, he never advocated “getting rid of the Second Amendment.”  He said he was making the point that there is popular support for new gun control laws and that lobbyists are stopping elected officials from reflecting the will of the people.

“How is it [special interests] are controlling politicians?” he said. “How are they controlling elected officials? It’s not by popular vote.”

McCarthy in the past has blamed “government-sponsored racism” and Sarah Palin for Chicago’s gun violence. He has been outspoken in his opposition to handgun proliferation, telling a radio panel last month he equates fewer guns with improved public safety.

“When people say concealed carry, I say Trayvon Martin,” McCarthy said, referring to the Florida teen who was shot and killed last February by a neighborhood watch volunteer, sparking controversy across the country. “I say Trayvon Martin because the answer to guns is not more guns, and just simply putting guns in people’s hands is going to lead to more tragedy.”

McCarthy backs banning assault weapons and high-capacity magazines, requiring background checks for anyone who buys a gun, mandatory reporting of the sale, transfer, loss or theft of a gun and mandatory minimum prison sentences for people convicted of illegally possessing a gun.

Moreno Valley School Board Trustee Mike Rios, to Take the Stand?

by mvgordie

The decision for Mr. Rios to take the stand in his defense Wednesday in his Pimping, Pandering, Rape and Insurance Fraud case is either a sign of desperation on the part of the defense, or the inability of the Public Defender to control the ego and narcissistic behavior and desires of his client.

For Mr. Rios to testify in his own defense is a dangerous move on their part as it would open Mike Rios up to cross examination and challenges of his credibility as a witness.

Rios who is well known for his blatant outright lies to the public could have those prior statements used against him by the Deputy District Attorney to show that Mr. Rios is someone who’s statements and overall credibility have proven to show him as a habitual liar, and as such his testimony in the trail should be question by the jury.

In cross examination of Rios, the prosecutor would be free to bring in prior unrelated statements (not related to this case) made by Rios as a showing of his lack of truthfulness, this is allowed as a challenge to the witness’s credibility.

As is well known Mr. Rios has in the past claimed to have been an elected member of the Moreno Valley City Council, this was done for him to gain news coverage for himself in is then upcoming bid for a seat upon the MVUSD Board. This claim was also used to gain entry and trust of the family of the late Norma Lopez, who as soon as they found out he was not who he had claimed to asked him to leave their, a request he refused and had to be subsequently removed by member of the Moreno Valley Police department.

Mr. Rios also used the same claim of being a City Council member with a local business owner, who later boasted on Facebook about how he and “Councilman Rios,” were to be having a news conference regarding the Norma Lopez disappearance.

There is also the claims he made during his 2008, and 2010 campaigns, and several times during the years in between of his owning his own investigation company which involved the investigations into fraud and embezzlement, and how as such he put “white collar criminals in jail,” however this was untrue, as Mr. Rios held no such license as an investigator (a requirement under California law) nor was he in the employee of any firm or business which was licensed as an investigation company, of which he could operate under their license.

Mr. Rios has also stated his daughter from his first marriage was accepted to Harvard University, prior to her graduation from high school, however this too was a mere fabrication on Rios’ part, his daughter did however go on to go to college, but in Long Beach, CA…

We also have the shooting event for which he is to stand trial for starting February 8^th, in which his first account to the police (by way of 911 as well as to the responding officers) he was the one who was shot at. His first account was that he was rushed at his front door of his home, where one of the two individuals (who later became the true victims) pulled out a firearm and opened fire on him.

This same statement of the was used by Mr. Rios that same morning in early February of 2012, at the Moreno Valley Unified School District offices, where Mr. Rios went to seek protection at the expense of the taxpayer, a request which was denied.

Mr. Rios even alleged that Gordon Tucker, also known as mvgordie, was somehow involved in the shooting attack on him in front of his home. However as it was later discovered through the investigation, and later admittance, of Mike Rios, there was no such attack on him, and that he himself used a firearm to shoot at the two individuals who were sitting in a car on the street near his home.

There are many other others issues surround Mr. Rios and his inability to tell the truth, that if the prosecutor’s office were to wish to use them, they could, and Mr., Rios’ desire to show his conman skills from the witness stand gives them that open opportunity.

One more issues is Mr. Rios’ narcissistic personality disorder, coupled with his off the wall beliefs in self-ordained God like powers, could cause Rios to go off on the stand in some form of temper tantrum, anyone in the public that has watched School Board meetings, past Moreno Valley City Council meetings or have seen his personal web blog, would know full well, Mr. Rios doesn’t deal from a full deck.

I will refer readers to MVGordie's blog on the MORENO VALLEY USD BOARD TRUSTEE MIKE RIOS DEBACLE. Gordie's coverage is the best to be had on this subject, Press Enterprise included.