On Wednesday, April 9, 2014, Governor Mark Dayton signed into law the Safe and Supportive Schools Act (H.F. 826). The new law establishes the School Student Bullying Policy, which requires public schools—including charter schools—to acknowledge and address both in-person and online (cyber) bullying that occurs on school premises, including school transportation, and at school functions and activities. School-age children who voluntarily participate in public school activities are included in this policy.

The New Law

Bullying, Defined

Bullying is defined as behavior towards another that is intimidating, threatening, abusive, or harming and is “objectively offensive.” Additionally, the bullying behavior either involves:

  • an actual or perceived imbalance of power between the student and the student’s target, with repeated acts/a pattern of bullying, or
  • a material and substantial interference with a student’s education, performance, or ability to participate in school functions/activities or receive school benefits/services.

Anti-Discrimination Statute

The anti-bullying policy is in line with the state’s anti-discrimination policy in education, which protects individuals from discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age (Minn. Stat. 363A.02, subd. 1 (5)). The anti-bullying policy includes these but adds to and modifies some of the terms in the following ways:

  • Modifies “race” to be “actual or perceived race,” and “sexual orientation” to be “sexual orientation, including gender identity and expression“
  • adds ethnicity, immigration status, familial status, socioeconomic status, physical appearance, and academic status related to student performance

School Responsibility

Under the new law, schools must develop written policies with input from students, parents, and the community that use best practices to prevent, prohibit, and respond effectively to student bullying. Within these policies, explicit roles and responsibilities of students, school personnel, and volunteers must be clearly defined; within these roles, one school staff member must be designated as primary contact for policy implementation.

Each school is required to discuss the anti-bullying policy with its students and establish strategies for creating a positive school climate. Schools must also provide regular training to and require ongoing professional development for school personnel. Though schools are given leeway to develop their own responses to bullying behavior—provided the responses are research-based, developmentally appropriate best practices—school employees will be required to make reasonable efforts to address and resolve instances of bullying that they witness. Additionally, parents of both the target and the actor must be notified by school personnel.

The State is also required to develop and maintain a state model policy for providing safe and supportive schools. Moreover, a 23-member multiagency leadership council, headed by the Commissioner of Education, is to be established in order to improve school climate and school safety. The first meeting is to be convened by October 1 of this year and will expire on June 30, 2019.

Bullying and Child Welfare

Children in child welfare have experienced some form of trauma (e.g., abuse, neglect, removal from one’s home, placement instability, etc.), and experiencing bullying behavior compounds the effects of their earlier trauma. The National Resource Center on Permanency and Family Connections (NRCPFC) points out that a recent FosterClub survey of former foster youth showed that half of the respondents reported being bullied due to their status as foster children, and that these youth experienced feelings of depression, anger, sadness, and/or fear as a result. As bullying behavior tends to be directed towards those perceived to be different from others, children in foster care are at risk of being bullied as a result of their out-of-home placement status, switching schools as a result of placement changes, and the presence of a physical and/or mental disability.

Conversely, children in child welfare are also at risk of being the aggressors in bullying situations. According to a study outlined in the aforementioned paper from the NRCPFC, both bullies and victims of bullying are likely to experience similar characteristics; for example, both are likely to suffer symptoms of depression, both are likely to have suffered child abuse, and both are likely to come from harsh home environments. Other studies have also found that some children might bully as a result of treatment experienced at home, and that children with special health care needs are at risk of being victim and/or aggressor.

Creating a Positive School Climate Through Policy Changes

In recent years, both the Minnesota and federal governments have signed into law legislation that may positively enhance school climate for children and youth in foster care. For example, while the Safe and Supportive Schools Act is intended to address bullying, it also requires schools to work towards creating a more positive school climate for all students. Additionally, the education omnibus bill in the Minnesota legislature includes a provision that would allow children in foster care to remain in their home school district, even if a placement change places them outside of that district. At the federal level, the Uninterrupted Scholars Act addresses this issue via enhanced data-sharing among child welfare, education, and court systems so as to increase children’s school stability, provide children with the educational supports they need, and hold agencies accountable.

How do you see the new Safe and Supportive Schools Act impacting children in the child welfare system? What suggestions/ideas do you have for addressing other school-related concerns for children and youth involved in child welfare?