Anti bullying legislation -- Alberta
EDTECH Editor-Jones
The following legislation will likely be voted on and possibly approved today:
SCHOOL (ENHANCED PROTECTION OF STUDENTS AND TEACHERS) AMENDMENT ACT, 2009
http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_27/session_2/20090210_bill-206.pdf
Information about the debate and amendments can be found at
http://www.assembly.ab.ca/net/index.aspx?p=bills_status&selectbill=206
This bill makes provision for bring police in as partner in determining
consequences for bullying. Although the legislation says:
(2) A principal who is aware that a student may have contravened section 12.1
or 12.2 or who has been advised under subsection (1) (a) must consult with the
board, and (b) may consult with a peace officer.
Opponents are concerned that the "may" will be read as a "must"
The problem is that there is a perception (accurate in my opinion) that schools
aren't dealing with bullies effectively. i.e. the bully doesn't stop and the
victim is usually suffers (expected to move). The bill takes discretion away
from teachers and principals in how they deal with bullies and when they have
to involve senior administrators and/or the police.
School boards in the province passed a resolution opposing the bill. The
arguments are that the legislation and practice already provides for involving
police when appropriate and schools should be able to deal with bullies in the
context of the school culture. Further, bullying is an accepted part of
societal behaviour in general and schools shouldn't be expected to solve the
problem on their own.
The bill started as a private member's bill (little or know chance of passing)
and was adopted as a government (~69 members to 14 opposition) bill. There was
no consultation with teachers, school boards, or probably the police. This is
the kind of thing that happens when bullying is accepted as a "right of
passage" (several of the arguments against the bill were a form of this) and
normal.
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SIGNOFF EDTECH
EDTECH Editor-Jones
Now if we could only teach those kids to read and obey the law. :-/
> This bill makes provision for bring police in as partner in determining
> consequences for bullying.
Who can disagree with having another "partner" -- that's not a loaded
marketing/propaganda term, right?
I guess Canadian police don't have enough to do. And I have to wonder, is
the Canadian system of justice so different than that of the US that
Canadian police get to help "determine consequences"? In the American
theory of law, the role of judging consequences is supposed to be reserved
for judges.
Or is this simply a tactic to intimidate students by using the police in
schools? We make the schools into industrial-sized "day prisons" guarded by
police, and then wonder why many students don't like school.
Regards,
.
Randy
--
Why do geeks get Halloween and Christmas confused? Because 31 oct = 25 dec.
EDTECH Editor-Jones
Police only have the authority to "determine consequences" in the context of a
crime. I suspect the police want this even less than you.
I agree with your concerns - and will raise one other. It is my increasing
recognition that the students whose harmful actions come to the attention of
school officials are frequently those who are engaging in aggression *for the
purpose* of trying to get the aggression that others are targeting towards them
to stop. They are the original target. Far too many administrators do not even
ask about this.
So the student being targeted at school, who does not trust that school
officials will effectively respond, tries to get the aggression to stop by
fighting back - and this is the student who is identified as causing trouble
and is suspended. All of which only stimulates greater bullying upon this
student's return - and the increased feelings on the part of this student that
he or she can't trust the administration.
Nancy
>From: Randy Edwards <redw...@golgotha.net>
> <br>
> <br> Now if we could only teach those kids to read and obey the
> law. :-/
> <br>
> <br> > This bill makes provision for bring police in as partner in
> determining
> <br> > consequences for bullying.
> <br>
> <br> Who can disagree with having another "partner" -- that's not
> a loaded
> <br>marketing/propaganda term, right?
> <br>
> <br> I guess Canadian police don't have enough to do. And I have
> to wonder, is
> <br>the Canadian system of justice so different than that of the US that
> <br>Canadian police get to help "determine consequences"? In the American
> <br>theory of law, the role of judging consequences is supposed to be
> reserved
> <br>for judges.
> <br>
> <br> Or is this simply a tactic to intimidate students by using
> the police in
> <br>schools? We make the schools into industrial-sized "day prisons" guarded
> by
> <br>police, and then wonder why many students don't like school.
> <br>
> <br> Regards,
> <br> .
> <br> Randy
> <br>
> <br>
> <br></body>
> </html>
> </html>
EDTECH Editor-Hogan
I'm not sure about Canadian law but I venture to say that police in Canada
do not "determine consequences" in any situation, the courts determine the
consequences AFTER there has been a conviction. For a person to be convicted
of a crime they must break a law, the police arrest and charge them with a
crime and then it goes to court where the case is argued on its merits. The
attorney for the state presents evidence that purports to show that the
individual charged with a crime violated the law. The defense tries to
refute the evidence or its validity or explain extenuating circumstances
that made it legal.
1. There must be a law that defines bullying and all of its various
facets.
2. There must be a range of penalties for the violation of this law so
the court can sentence on the basis of fact.
School administrators, in my experience, are accustomed to operating outside
the law with some of their actions. As an example, if a staff member or
student is assaulted by a student, another staff member, or a parent, it is
not the providence of the school to deal with that if the person who has
been assaulted wishes to call the police. I have experienced this myself and
chosen to call the police rather than let the school official handle it. An
assault is a violation of state law and needs to be dealt with as a
violation of the law. The first thing you need is a law, not a rule and all
need to be clear on the point about who enforces the law and who enforces
the rules.
School RULES are enforced by school boards, administrators, teachers and
other school employees. The rules are not necessarily fair or just,
sometimes they are without apparent reason but if they are codified by the
board of education then they are the rules of that school as long as they do
not conflict with state or federal law.
Schools need to be clear on where the Rules stop, Law begins, and who is
responsible for taking "the report."
EDTECH Editor-Jones
Interesting conversation. Im located in Canada, and was bullied growing
up. Now this was the 80's so not alot was done about it, and further, I
found that some teachers partook along with other students. It certainly
affected my life and how I grew up, so I have a definite opinion on
bullying.
My main concern at this point, is the lack of understanding of where the
bullying mentality starts. I know this is not really a part of the
conversation, or at least not the portion that I have read, but I strongly
believe that parents should be investigated as to their conduct with their
children, and how that conduct may be enticing such aggressive behavior. I
also believe that putting an obviously troubled child through the court
system only opens the door to further problems and a missed opportunity
for rehabilitation of the child and possibly parents. I dont necessarily
believe that the parents should be lawfully punished for their childs
actions, but I also believe that alot of this starts in the home and i
think that in the event of recurring aggressive behavior, both the child
and parents should be lawfully committed to some form of active
counseling. Leaving the entire responsibility on the child, we miss a
larger root problem that seems to plagues both our countries, regardless
of law and borders.
Since educators have the most time and experience with children these
days. I think that they should be in a position to help begin the
investigations of these situation, and help better direct police, when
matters come to light. Further, I believe that the courts should have a
less narrow view of how the subject should be handled within the courts.
ie. bringing more active responsibility to the parents, to help curb this
behavior, possibly through court appointed counseling sessions which have
been geared specifically towards anger management and over all
communication, while also teaching parents proper methods of curbing these
actions within their child, and at the end, maybe determining if this
bully child has a secure and proper upbringing in their home. This tends
to be a touchy part of the conversation. No one wants to be told how to
raise their child, but some people really dont know certain aspects of
parenting that tend to be vital to their childs well being, and in missing
these general points, these children in turn affect the lives of their
peers.
--
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