WILMINGTON – Earlier today, Delaware Lt. Governor Matt Denn and Deputy Attorney General Patricia Dailey Lewis, Director – Family Division, presented “Unfinished Business: Implementation By Delaware Public Schools Of The State’s 2012 Anti-Bullying Laws.”

This report is the first issued since the General Assembly passed two new laws related to bullying in the state’s public schools in 2012 – Senate Bill 193 (cyberbullying) and House Bill 268 (reporting).

The anti-bullying effort, spearheaded jointly by Lt. Governor Matt Denn and Attorney General Beau Biden, aimed to improve on existing laws created to protect every student.

A few basic conclusions from the report:

•  Public school districts, with few exceptions, have complied with the provisions of the state’s new cyberbullying laws and regulations.  The majority of charter schools are not yet in compliance.
• There remains significant variation in the diligence with which schools make reports to the parents of victims and perpetrators in bullying incidents. 
• The most prevalent reported causes of bullying in Delaware public schools are students’ physical appearance, student disability, and student gender identity. 

Held at Springer Middle, a school known for their impressive anti-bullying culture, the Lt. Governor and DAG Dailey Lewis were joined by Brandywine School District Superintendent Dr. Mark Holodick and Assistant Superintendent Dorrell Green, DSEA President Frederika Jenner, Department of Education School Climate and Discipline Associate John Sadowski, Roberta Gealt from the University of Delaware Center for Drug & Alcohol Studies, and representatives from Delaware PTA, Delaware Bullying Prevention Association, Prevent Child Abuse Delaware, Developmental Disabilities Council.

“”We hope that this report serves as a reminder to our schools of the importance of following the state’s new bullying laws,” said Lt. Governor Matt Denn.  “Bullying remains a real problem in our schools, and we need all of our schools to treat it seriously.”

“Children need safe, secure environments in schools where they can focus on learning,” said Patricia Dailey Lewis, who is the director of Attorney General Biden’s Family Division. “Bullying prevents kids from learning and can leave lifelong emotional scars. The legislation that Attorney General Biden and Lt. Gov. Denn developed in 2012 was designed to increase the reporting of bullying incidents so parents and educators can intervene. Schools are making significant progress, but there is still a lot more work ahead of us.”

Wilmington – Following a year of fact gathering, lawmaking, statewide hearings, and public comment a statewide school cyberbullying policy championed by Attorney General Beau Biden and Lt. Governor Matt Denn takes effect this week.

“Along with the dramatic increase in electronic messaging and social networking among kids, there has been an explosion of cyberbullying in schools across our state,” Biden said.  “This new statewide cyberbullying policy is a common-sense tool to help schools and law enforcement better protect kids by recognizing the prevalence of online communication, the damaging effect it has on students who are victimized, and the significant disruption it causes to our schools.”

“This regulation is a good first step in our effort to reduce cyberbullying in our schools,” Lt. Governor Denn said.  “I am grateful to the parents, teachers, and school administrators who attended our public hearings and helped us craft a regulation that makes sense for Delaware.”

Last spring, in response to growing concerns about cyberbullying incidents, Biden and Denn met with school superintendents and held statewide public hearings with school officials, teachers and parents to gather factual evidence about the type of on-line off-campus behavior that presents risks to students and causes disruption in schools.  They also drafted Senate Bill 193, passed into law last summer with broad bipartisan support, which directed that the Department of Education collaborate with the Department of Justice to develop a uniform cyberbullying policy, and allowed the Attorney General’s office to defend schools that face a legal challenge after implementing a new cyberbullying policy.  Following the enactment of SB 193, a draft cyberbullying policy was drafted and posted for public comment before being finalized.

The statewide cyberbullying policy:

– Prohibits cyberbullying by students directed at other students and directs that districts treat cyberbullying in the same way they treat bullying incidents;
– Defines cyberbullying as electronic communication directed at an identifiable student or group of students that interferes with a student’s physical well-being, is threatening or intimidating, or is so severe, persistent, or pervasive that it is likely to limit a student’s ability to participate in or benefit from the educational programs of the school;
– Clarifies that, for the school, the cyberbullying does not need to originate from a school building or involve the use of school equipment.

The final order implementing the new cyberbullying policy was posted to the state’s Register of Regulations on March 1 and takes effect this week.  School districts now have 90 days to adopt the policy.  The policy is posted online at http://regulations.delaware.gov/register/march2013/final/16%20DE%20Reg%20955%2003-01-13.htm.

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Proposals from Attorney General, Lieutenant Governor and Education Committee Chairs Become Law

Wilmington – Two bills that implement components to combat bullying were signed by Governor Jack Markell today at George V. Kirk Middle School in Newark.  Today’s efforts are the direct result of work done by the Lt. Governor and Attorney General in cooperation with the strong sponsorship of House and Senate Education Chairs Sen. David Sokola and Rep. Terry Schooley.

“Education is one of my top priorities,” said Governor Markell, “and having a safe, secure learning environment is fundamentally important to a child’s education.  These bills will increase the safety of young people in our schools.”

SB 193 will result in the implementation of the state’s first uniform policy to combat cyberbullying in public schools.

Lt. Gov. Matt Denn and Attorney General Beau Biden began the process of drafting the statewide cyberbullying policy this spring by holding statewide public hearings to gather factual evidence from school administrators and parents about the type of off-campus activity causing disruption in our schools.

Shortly after signing of this bill, the state’s Department of Education will propose by regulation a statewide cyberbullying policy that has been drafted by the Attorney General and Lieutenant Governor, based upon the testimony at their hearings.   After considering public comment, the Department of Education will issue a final cyberbullying policy and each public school and charter school will have 90 days to adopt the policy.  Significantly, the bill also allows the Attorney General’s office to defend school districts and charter schools if they face a legal challenge after implementing the new statewide cyberbullying policy.

“As I have visited middle schools and high schools over the past two school years, cyberbullying has consistently been raised with me by principals and teachers as a real problem that stops them from focusing on educating kids,” Lt. Governor Denn said.  “This statewide policy will allow schools to clearly tell students what type of social media conduct is unacceptable, and it will provide legal support from the Attorney General’s office for districts where the policy is challenged.”

HB 268 protects students against bullying by adding consistency in how bullying incidents are reported by schools.

The legislation addresses a lack of consistency in how bullying incidents are reported by school districts.  Under this legislation, the state Department of Education will begin auditing a small number of public schools each year to ensure that schools are properly investigating and reporting suspected incidents of bullying.  Additionally, school districts will now be required to report both substantiated and “unsubstantiated” incidents of bullying to the state Department of Education, so the Department can determine if some schools or districts are failing to properly investigate or report claims of bullying.

“There is a huge variation in how our schools report bullying,” Attorney General Biden said.  “We have some small elementary schools that report many times the number of bullying incidents as major high schools.  If we are going to combat bullying, we need to know where it is happening, and this legislation will ensure that we have that information at hand.”

Nationally, 8.2 million students are bullied each year and 1 million are cyber-bullied. About 160,000 students stay home from school on any given day because they’re afraid of being bullied. In Delaware, nearly 20 percent of students surveyed last year reported that another student issued a verbal threat against them, while 30 percent reported that they said something to another student to hurt them.

Sen. David Sokola (D-Newark), SB 193’s lead sponsor  has long been a champion of efforts to keep schools safe and to create a good environment for students to learn. The new laws, he said are a continuation of those efforts.

“Today’s technology creates educational opportunities that have never been available before but that same technology can create challenges never before anticipated. Our districts need assistance in navigating the unique legal issues related to cyberbullying to help foster a good environment for our children,” Sokola said. “Taken together, these new laws aim to move our schools’ handling of cyberbullying forward in a manner that is consistent throughout the state and to help our children have the safe and nurturing environment they deserve.”

Rep. Terry Schooley (D- Newark), who was the lead House sponsor of both bills, said that bullying has become a serious problem in schools, and with more and more students using social media, bullying has progressed beyond playground taunts. The two bills will help increase reporting of all instances and address the emerging issue of cyber-bullying.

“Bullying in any form creates fear and intimidation in our schools, and it leads to students performing poorly, not going to school for fear of being bullied or in some cases, committing suicide,” said Rep. Schooley.  “When you take into account that means of communication such as social media, computers and cell phones post information far more publicly than previous generations could ever imagine, the issue becomes even more serious. By signing these bills into law, we are trying to increase reporting and stay ahead of the curve to protect our children and grandchildren.”

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Proposals from Attorney General, Lieutenant Governor

and Education Committee Chairs set to become law

DOVER – A bill that implements a key component of a plan to combat cyber-bullying passed the House of Representatives on Thursday and is headed to the Governor’s desk.

Senate Bill 193, sponsored by Sen. David Sokola and Rep. Terry Schooley, allows the Attorney General’s office to defend school districts and charter schools if they face a legal challenge after implementing a statewide cyberbullying policy. Attorney General Beau Biden and Lt. Gov. Matt Denn began the process of drafting the statewide cyberbulling policy in the spring when they held statewide public hearings to gather factual evidence from school administrators and parents about the type of off-campus activity causing disruption in our schools. Once the policy is developed, the state’s Department of Education will issue regulations requiring adoption of the statewide cyberbullying policy by public school districts and charter schools.

Nationally, 8.2 million students are bullied each year and 1 million are cyber-bullied. About 160,000 students stay home from school on any given day because they’re afraid of being bullied. In Delaware, nearly 20 percent of students surveyed last year reported that another student issued a verbal threat against them, while 30 percent reported that they said something to another student to hurt them.

“The General Assembly recognized that although social networking technology has erased the boundary between the schoolyard and home, schools have had difficulty taking action against cyberbullies,” Attorney General Biden said. “This legislation changes that by making sure my office can stand behind schools trying to make their campuses the safe, supportive learning environments our kids deserve. I want to thank Lt. Gov. Denn, Sen. Sokola, and Rep. Schooley for their hard work and advocacy to make this change happen.”

“We are already hard at work developing this policy,” said Lt. Governor Denn.  “We’ve held the meetings, gotten great feedback, and look forward to presenting a policy that will  protect our children and let them focus on learning and being kids instead of worrying about being bullied.”

“I’m pleased to see that my colleagues in the House understand the dimensions of this problem and have acted to pass this bill,” said Sen. David Sokola (D-Newark), the bill’s lead sponsor. “It’s an issue that can have a harmful effect on safety and school climate, both of which are vital to a student’s ability to succeed in school. Fortunately, we have good guidance from the courts about how to address this in a Constitutionally-acceptable way and I’m confident that the attorney general and our education community will do just that.”

Rep. Schooley (D-Newark), who sponsored the bill in the House, said “In this age of technology, young people use many different forms of social media, computers and cell phones to communicate and publicly post information. Unfortunately, these means of communication can be used to bully other young people in a more public way than previous generations could ever imagine. By passing this bill, we are trying to stay ahead of the curve and protect our children and grandchildren from cyber-bullying and let people know that bullying in any form is wrong and should not be tolerated.”

SB 193 is part of a two-bill package from Biden, Schooley and Sokola aimed at fighting bullying. HB 268, which passed both chambers of the legislature earlier this year, protects students against bullying by adding consistency in how bullying incidents are reported by schools.

The bill requires the Department of Education to annually audit schools to ensure that they are properly investigating and reporting bullying allegations.  The legislation was developed from multiple community forums Attorney General Biden has held talking to students and parents about bullying, and from conversations he and Lt. Gov. Denn have had with district superintendents.

The legislation addresses a lack of consistency in how bullying incidents are reported by school districts. For example, Laurel Middle School, which has a four-star commendable rating, had the highest number of incidents (38 in a 344-student school) during the 2010-11 school year, but William Penn High with 1,981 students had zero reported incidents. And only one incident was reported in the entire Smyrna School District. School districts would be required to report unsubstantiated claims of bullying to the state Department of Education, in addition to the current requirement for reporting substantiated claims. The current law says substantiated claims must be reported within five business days. Often it takes longer than that for a school administrator to verify a student’s claim, so the incident never gets reported.

Additionally, the Attorney General’s Office’s bullying hotline (1-800-220-5414) must be posted on each school district’s website and in a conspicuous place in each school.

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Proposals from Attorney General, Lieutenant Governor and Education Committee Chairs set to become law

DOVER – A bill that implements a key component of a plan to combat cyber-bullying passed the House of Representatives on Thursday and is headed to the Governor’s desk.

Senate Bill 193, sponsored by Sen. David Sokola and Rep. Terry Schooley, allows the Attorney General’s office to defend school districts and charter schools if they face a legal challenge after implementing a statewide cyberbullying policy. Attorney General Beau Biden and Lt. Gov. Matt Denn began the process of drafting the statewide cyberbulling policy in the spring when they held statewide public hearings to gather factual evidence from school administrators and parents about the type of off-campus activity causing disruption in our schools. Once the policy is developed, the state’s Department of Education will issue regulations requiring adoption of the statewide cyberbullying policy by public school districts and charter schools.

Nationally, 8.2 million students are bullied each year and 1 million are cyber-bullied. About 160,000 students stay home from school on any given day because they’re afraid of being bullied. In Delaware, nearly 20 percent of students surveyed last year reported that another student issued a verbal threat against them, while 30 percent reported that they said something to another student to hurt them.

“The General Assembly recognized that although social networking technology has erased the boundary between the schoolyard and home, schools have had difficulty taking action against cyberbullies,” Attorney General Biden said. “This legislation changes that by making sure my office can stand behind schools trying to make their campuses the safe, supportive learning environments our kids deserve. I want to thank Lt. Gov. Denn, Sen. Sokola, and Rep. Schooley for their hard work and advocacy to make this change happen.”

“We are already hard at work developing this policy,” said Lt. Governor Denn.  “We’ve held the meetings, gotten great feedback, and look forward to presenting a policy that will  protect our children and let them focus on learning and being kids instead of worrying about being bullied.”

“I’m pleased to see that my colleagues in the House understand the dimensions of this problem and have acted to pass this bill,” said Sen. David Sokola (D-Newark), the bill’s lead sponsor. “It’s an issue that can have a harmful effect on safety and school climate, both of which are vital to a student’s ability to succeed in school. Fortunately, we have good guidance from the courts about how to address this in a Constitutionally-acceptable way and I’m confident that the attorney general and our education community will do just that.”

Rep. Schooley (D-Newark), who sponsored the bill in the House, said “In this age of technology, young people use many different forms of social media, computers and cell phones to communicate and publicly post information. Unfortunately, these means of communication can be used to bully other young people in a more public way than previous generations could ever imagine. By passing this bill, we are trying to stay ahead of the curve and protect our children and grandchildren from cyber-bullying and let people know that bullying in any form is wrong and should not be tolerated.”

SB 193 is part of a two-bill package from Biden, Schooley and Sokola aimed at fighting bullying. HB 268, which passed both chambers of the legislature earlier this year, protects students against bullying by adding consistency in how bullying incidents are reported by schools.

The bill requires the Department of Education to annually audit schools to ensure that they are properly investigating and reporting bullying allegations.  The legislation was developed from multiple community forums Attorney General Biden has held talking to students and parents about bullying, and from conversations he and Lt. Gov. Denn have had with district superintendents.

The legislation addresses a lack of consistency in how bullying incidents are reported by school districts. For example, Laurel Middle School, which has a four-star commendable rating, had the highest number of incidents (38 in a 344-student school) during the 2010-11 school year, but William Penn High with 1,981 students had zero reported incidents. And only one incident was reported in the entire Smyrna School District. School districts would be required to report unsubstantiated claims of bullying to the state Department of Education, in addition to the current requirement for reporting substantiated claims. The current law says substantiated claims must be reported within five business days. Often it takes longer than that for a school administrator to verify a student’s claim, so the incident never gets reported.

Additionally, the Attorney General’s Office’s bullying hotline (1-800-220-5414) must be posted on each school district’s website and in a conspicuous place in each school.

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