To Include or not to include?

Special Education - "What's best for kids?" - as on seen on Weekend Sunrise Channel 7

And just as an additional note...

Article 23 of the UN Convention of the Rights of the Child (to which Australia is a signatory):

1. States Parties recognize that a mentally or physically disabled child [child with an intellectual or physical disability] should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

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3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

And 4.2 of the Commonwealth Disability Standards for Education (2005) states:

(1)The education provider must take reasonable steps to ensure that the prospective student is able to seek admission to, or apply for enrolment in, the institution on the same basis as a prospective student without a disability, and without experiencing discrimination.

(2) The provider must ensure that, in making the decision whether or not to offer the prospective student a place in the institution, or in a particular course or program applied for by the prospective student, the prospective student is treated on the same basis as a prospective student without a disability, and without experiencing discrimination.

(3) The provider must:

(a) consult the prospective student, or an associate of the prospective student, about whether the disability affects the prospective student’s ability to seek admission to, or apply for enrolment in, the institution; and

(b) in the light of the consultation, decide whether it is necessary to make an adjustment to ensure that the prospective student is able to seek admission to, or apply for enrolment in the institution, on the same basis as a prospective student without a disability; and

(c) if:
(i) an adjustment is necessary to achieve the aim mentioned in paragraph (b); and
(ii) a reasonable adjustment can be identified in relation to that aim;
make a reasonable adjustment for the student in accordance with Part 3.

If you want to see the Facebook debate, visit http://www.facebook.com/group.php?gid=134329293268218

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Responding to bullying: Counselling or punishment? …part 2

One approach to responding to bullying is what has been called the “restorative justice” approach. The aim of this approach is to use supportive communities to hold individuals accountable for their actions and increase student’s sense of safety within their community.

Researchers studying this approach have found it has had some success. However, like any other approach, it is not going to address all types of bullying.

Restorative justice: The key principles as seen in Morrison (2002)

This approach is about using what Morrison (2002) calls “adaptive shame”. This basically means the child who is bullying another is confronted with the effects of their behaviour on the child who is being bullied. They are also confronted with the feelings and emotions of their own friends, family, supporters and the school community. If this is done supportively, then the shame of what they are doing and how they are affecting others will lead to a change in behaviour.

However, this only works if the key principles or beliefs outlined by Morrison drive the process. These principles are:
1 - Bullying behaviour can be changed
2 - It is the behaviour, not the whole child, that is being put down
3 - The harm done by the bullying needs to be acknowledged and repaired.
4 - Both the child who is bullying, and the child being bullied, are valued members of the school community.

If these principles are not adhered to, then the child who is bullying another is more likely to be stigmatised than supportively shamed into changing their behaviour. And stigmatisation will lead to a cycle of increased bullying due to feelings of rejection and loss of self-esteem.

Restorative justice may not work if….
#The supportive network (family and friends) of the child who is bullying another reinforce rather than reject the behaviour

#The child who is being bullied and their support network feel threatened by the support network of the child who is bullying.

# There is a significant, underlying emotional, behavioural or social issue/disorder that is contributing to the bullying behaviour and limiting the effects of “adaptive shame”.

What are the alternatives?

In-school suspension may be the best option for both protecting the child who is bullied and catering to the needs of the child who is bullying if the above factors come into play. It may also be used to protect the child who is being bullied as the process of restorative justice is followed.

In-school suspension means that the student who is bullying others is not fully excluded from learning. But it does mean they are excluded from any social situations at school that provide them the opportunity to bully the other student.

This may also need to extend to transport to and from school if they travel on the same bus as the student being bullied.

Counselling and behaviour intervention may be an essential component of addressing the bullying behaviour. For example, if a student is bullying others due to their need for power over “weaker” students, then it is likely that they have significant issues with self-esteem. Their may be things going on at home, in the community or at school that need to be identified and addressed in order for the student to feel empowered to change their behaviour.

There are many different approaches to dealing with bullying. But in the end, whatever we do, we need to try and balance the need to keep our children safe with the need to address the reasons behind the bullying behaviour. And we need to do all this within the bounds of the standards set by law.

Reference:

Morrison, B. (2002). Bullying and Victimisation in Schools: a Restorative Justice Approach. AIC Trends and Issues in Crime and Criminal Justice, February 2002. Online at http://www.aic.gov.au/publications/tandi/ti219.pdf

Or find her book: http://wilderdom.com/store/index.php?main_page=product_info&products_id=311

Other useful information:

http://www.kenrigby.net/

https://www.det.nsw.edu.au/policies/student_serv/discipline/stu_discip_gov/anti_bul07.pdf These are the guidelines for NSW public schools on dealing with bullying.

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Laws about bullying

“Bullies and bullying should never be treated lightly.”
Dr Kevin Leman in his book Have a New Kid by Friday.

The Disability Standards for Education 2005: What it says about bullying.

In Australia, the inclusion of children with disabilities in educational institutions is shaped by the Disability Standards for Education, 2005 . Part 8 of these Standards deals specifically with the issue of bullying. So I thought I would start this month by explaining the key points from those Standards.

For readers who come from countries other than Australia, the key elements of the Disability Standards should be reflected in legislation in your country. In a later post I will explore the UN rights of the Child and would love to hear from anyone who has some information about relevant laws in their own country.

What is harassment or bullying? (picture copyright Amanda Gray, taken from "Dave is Brave" www.learn2bebuddies.com.au)
The Disability Standards define harrassment/bullying as any action that may “humiliate, offend, intimidate or distress the person” (p22). It clearly states that any act that comes under this category that is aimed at students with disabilities or any associate (eg parent, friend, teacher) of that student is unlawful under the Disability Discrimmination Act 1992.

It also more specifically states that no one should be bullied or harassed due their need for supports or adjustments such as teachers' aides, technology, guide dogs and so on.

While I am just focusing on the Disability Discrimmination Act and Disability Standards, there are laws that address this issue for all community members, not just students with disabilities. They all have the following elements.

What is required of an education provider?
First, let’s just clarify that an education provider is any educational institution, authority or anyone who is developing curricula. So, for example, in NSW that includes the NSW Board of Studies, the Department of Education and your child’s school.

And education provider needs to have in place three things:
1. Processes to prevent bullying or harassment
2. Mechanisms for reporting any occurrences of harassment or bullying.
3. Mechanisms to respond to harassment of bullying.

Prevention
The Standards make it clear that part of the process of preventing harassment is to have a code of conduct. This means that there should be rules that help set a positive, supportive, respectful culture in the school.

Every school should have a discipline policy or anti-bullying policy that includes a set of rules or expectations. These expectations should be about promoting respect. These policies should also be frequently discussed and freely available to everyone in the school community, including parents.

There are many other ways of preventing bullying, but I will discuss these in future posts.

Reporting
The Standards require that a school have a system for ensuring that students can report if they have been bullied or harassed. This process should again be clearly stated in the anti-bullying or discipline policy. And, again, this should be available to all students, staff and parents.

Students and staff should be reminded regularly of how they can report bullying.

Students can be afraid of reporting a bullying event if they feel like they are at risk of further bullying due to being seen as a “tattler”. It is important that the school design processes that a confidential and protect the “reporter” of a bullying event. I will discuss this more in a future post.

Responding
The Disability Standards state that any response to bullying should be “fair, transparent and accountable.”

This means firstly that the school needs to understand what caused the bullying in the first place. Misunderstanding? Self-esteem issues on the part of the bully? Prejudice or stereotyping? Lack of empathy? There are many more reasons why one person bullies another.

This does not mean that the bully should not experience consequences. However, it does mean that the only way to really stop the bullying is to address the underlying reason for the bullying and respond to the needs of all parties in the event.

Zero tolerance to bullying is essential. But that does not mean that we ignore the needs of the bully. This will benefit neither the bully nor the child being bullied. But I will talk about that in another post this month.

Being transparent about your response to bullying is about making clear what the consequences for bullying will be in the school or Departmental policy. So the anti-bullying policy should say “If you bully someone, then …”

Being accountable is about recording the bullying event and the steps taken to respond to it. For example, the school principal, parent and/or school counsellor should keep records about what has happened.

If you want to know more….
If you want to know more about the Disability Standards, you can download them here. You could also look at the documents that help explain the Disability Standards (though they are a bit heavy).

If you want to know more about the NSW Department of Education’s approach to bullying in schools, visit Bullying! No Way!

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