Friday, December 14, 2018
Hawai'i Free Press

Current Articles | Archives

Saturday, November 17, 2018
Thousands of HSTA Members Could be Targeted by New Anti-Bullying Policy
By Selected News Articles @ 5:31 PM :: 1814 Views :: Education K-12, Labor

Newspaper report of DOE policy change on bullying was woefully inadequate

  • Paper omits finding of adult bullying of students
  • Paper omits mention of lawsuit against DOE

by Larry Geller, Disappeared News, Oct 27, 2018 (excerpts)

Readers of the Star-Advertiser report published on October 6 (DOE discipline policy gets stricter on bullies, Star-Advertiser p.A1, 10/6/2018) will learn from the lead that the Department of Education is “catching up with the times”:

The state Department of Education is proposing changes to its misconduct and discipline policy to get tough on students who bully, discriminate and harass.

Catching up with the times, the DOE also is proposing to create an offense for sexual harassment and specifically acknowledges sexual orientation, gender identity and gender expression in its protections against discrimination, bullying and harassment.

Far from voluntarily correcting its long-standing pattern of neglecting to protect students in its charge, the DOE is responding to a US Department of Education Office of Civil Rights report and also faces a class-action lawsuit filed against it on August 30, 2018. There was no mention of the lawsuit in the newspaper article.

The lawsuit charges, in part (snip):

… the Department failed to adhere to even the basic expectations of parents and students attending public schools by neglecting its responsibility as policymaker, and by the blatant and repeated failure to protect victims of bullying and harassment. …

The continuing practice of the Defendants and their deliberate indifference towards victims of bullying and harassment harms all of Hawai`i’s students by systemically supporting the behavior, and needlessly puts the entire student population at risk of significant and irreparable damage.

A glaring omission in the report is the US Department of Education OCR finding that policies intended to protect students against harassment by third parties or staff are not available to students or their families.

Policy 305.10, Procedures Regarding Employee Harassment of Students, is analyzed in the OCR report and falls short of federal mandates.

… none of the procedures used by HDOE are sufficient to comply with the grievance procedure requirements under Title VI, Title IX, Section 504 and Title II.

HDOE submitted to OCR a Standard of Practice Document No. 0211(SP 0211),released March 8. 2008,which is the document implementing Policy 305.10.17 OCR was not able to locate SP 0211 on HDOE's website, and HDOE has provided no information indicating that it has released SP 0211 to students or their parents.

The OCR report explains this policy:

HDOE identified Policy 305.10 (formerly titled Policy 4211) to OCR in November 2011 as the policy used when an employee harasses a student.

Policy 305.10 prohibits discrimination, including harassment, by any employee against a student based on various protected classes, including race, sex, or disability. It further states that “a student shall not be excluded from participation in, be denied the benefits of, or otherwise be subjected to harassment, bullying, or discrimination under any program, services, or activity" of HDOE.

It lastly states that retaliation against anyone engaging in a protected activity is prohibited. Protected activity is defined under the policy as follows: filing a complaint of harassment, bullying, or discrimination; participating in complaint or investigative proceedings dealing with harassment, bullying, or discrimination under the policy; inquiring about one's rights under the policy; or otherwise opposing acts covered under the policy.

The Star-Advertiser story discusses only the proposed rule changes to Chapter 19 affecting student discipline….

Editorial goes easy on DOE

A companion editorial (A stronger plan to fight bullying, Star-Advertiser p. A8, 10/10/2018) falls short of chastising the DOE:

Yes, schoolyard bullies have been around forever. But that’s no reason to tolerate such behavior.

The DOE has tolerated such behavior, and would be tolerating it still if not for federal intervention and the likely outcome of the new class-action lawsuit.

As in its earlier news article, the editorial says nothing about needed action on the part of the DOE to end employee/staff bullying and harassment of students....

read … Full Report

  *   *   *   *   *

How Many HSTA and HGEA Members May be Subject to Bullying-Related Complaints if the new Policy is Adopted? 

Excerpt of US DOE office for Civil Rights Survey Data Gathered from Hawaii DOE Students

…Of those students who indicated in response to OCR's survey that they were bullied or harassed, over half (10,744, or 54.07%) indicated that they or someone else reported the harassment to a teacher or other school employee. Of the incidents that school officials were made aware of, nearly two-thirds (6,727, or 62.6%) concerned incidents where students believed that they had been bullied or harassed on the basis of their sex, race, color, national origin, or disability. In 980 of these responses (14.6% of the total), according to the survey results, the school took no action in response. Of the students who further answered the survey question regarding whether they were bullied or harassed again after school officials were made aware of their initial incident, over half (51.75%, or 5,270 students), indicated that they were.

Of the students who indicated on the survey that they were bullied or harassed but who indicated that they did not report the incident to a school official (9,128 students, or 45.93%), nearly half (4,261, or 46.6%) indicated that they did not do so because they did not believe the school would do anything in response to their report (1,104, or 12%), that it would make the bullying and harassment worse (1,989, or 22%),or both (1,168, or 13%). These 4,261 responses correspond to 6% of all the survey responses that OCR gathered from across the state…. 

*   *   *   *   *

This work is licensed under a Creative Commons License. NonCommercial-ShareAlike 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

Affordable Hawaii Coalition

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Senate Informer

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

OHA Lies

Ohana Policy Group

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Copenull

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

TEA Party Maui

TFB Micronesia

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT