Bullying & Cyberbullying ConferenceAugust 10, 2011 – Bloomington, Illinois

Presented by:Brian D. SchwartzAttorney at Law

“A computer lets you make more mistakes faster than any invention in human history – with the possible exceptions of handguns and tequila.”

-- Kevin McDowell

MySpace

Bullying: No Escape

Texting

Facebook

Sexting

Parody Websites

Instant Messaging

Megan Meyer -- 13Phoebe Prince -- 15

Tyler Clementi -- 18

The Law105 ILCS 5/27-23.7

• Specifically prohibits bullying at school and school activities

• Each school district must maintain a policy on bullying, which policy must be filed with ISBE

• The policy must be reviewed every two years

• The policy must be communicated to parents and students yearly

The Law105 ILCS 5/10-20.14

• Each school district must have a policy “to address students who have demonstrated behaviors that put them at risk for aggressive behavior”

• Such policy must include procedures for notifying parents and early prevention techniques

• Define “bullying” and graduated discipline

• Be applicable to school and school-related activities

• Prohibit bullying through school electronic equipment

• Allow for discipline for off-campus bullying that interferes with school or causes a safety concern

• Provide students and parents the name and contact information for the school district’s nondiscrimination coordinator

A good school handbook procedure should:

Liability on School Districts & School Administrators

The law requires you to immediately addressbullying or harassment that takes place at

school or at a school-related event

Failure to take action could subject the schooldistrict and you – personally – to liability

Most students and staff members don’t know…..

What constitutes “bullying” is determined by the recipient of the conduct

2Discipline for Off-Campus

Student Misconduct

Students Can Be Disciplined For Off-Campus Bullying If:

1. Violation of School Rule

2. Nexus to Campus

3. Material & Substantial Disruption, Safety Concern or True Threat

Noteworthy Court Cases:

Kowalski v. Berkeley County Schools

Emmett v. Kent School District

Layshock v. Hermitage School District

JS v. Bethlehem Area School District

Wilson v. Hinsdale Elementary School District

Questions

Thank You for Your Participation

For More information, please contact

Brian Schwartzbschwartz@edlawyer.org

www.edlawyer.org

© Brian D. Schwartz, 2011