Legal option after School bullying

27 March 2009 7:28 p.m.

Dear Everyone,

I’ve pasted below a news article that exemplifies many of the vast multitude of things wrong with the state’s schooling institutions. I’m letting off a bit of steam because I am so angry at this rotten system that systematically practises institutionalised child abuse by teachers and administrators who are so desensitised to it, they will round on parents and bully them if they dare question what goes on. Many of these lousy schools are in blatant denial, refusing to admit they have a problem. The most amazing thing is that parents and even doctors and nurses will often side with the school against the victimised child, even in the face of bruises, cuts, crying themselves to sleep at night and having vomiting fits the next morning at the thought of returning to the place of torture.

This week has been amazing. I’ve had so many phone calls and emails from parents wanting to start home education because of the bullying their children have suffered for months, sometimes for years. One mum felt she didn’t want to send the child to school since he was so tender at age 5. She considered home schooling, but decided it was too radical a step. Now, at age 6, her son is toughed up and so much more sophisticated as everyone typically said he needed to become…and he is also defiled because of the sexual abuse he suffered at school. She now forever regrets the day she ever trusted him to the state. Another mum’s 10-year-old has significant physical disabilities which require a full-time aide. But the boy has had enough of the school-supplied aides and the constant teasing, as the nature of his disability is somewhat personal. He would prefer his mum, but the several schools approached will not have it as they not only dislike parents observing the reality of the classroom, they say it causes children to become too dependent upon their parents! And besides, they say, the boy stinks (due to his disability), and they’d prefer it if she would find another school. And so the boy refuses to enter the school grounds, the parent is begging them to let her instead of aides attend to her son’s needs, but they won’t let her, and she is now being threatened by a Group Special Education person with police and CYFPS and truancy officers if the child is not in school immediately!

It’s a flamin’ madhouse!

This article below has a typical school response to bullying. “Oh, it’s only girls being girls, boys being boys. It’ll blow over.” So when the girl spirals downhill and hits bottom, it turns out she has parents willing to do something: sue the school. Good on them, I say! Man, has it sobered up the school! The principal all of a sudden comes out of denial and makes a statement most principals would confess to only once they’d been stretched on the rack: “It does not matter what a school does, it can never be resolved completely.” This woman admitted that it is a permanent, on-going, unstoppable problem. We got a straight honest answer at last. I mean, this girl was bullied even after she left the school…by text messages!

The very threat of a legal suit also flushed out the fascinating, yet totally unknown fact, that “it is a statutory requirement for schools to take all reasonable steps to prevent bullying from occurring while pupils are at school,” and that “Failure to take such steps could result in criminal prosecution and hefty fines.” If all parents of school-abused children would simply threaten to sue the school, bullying would be slashed. A few successful suits, some bullies taken down, and the problem would recede way out onto the horizon.

But worst of all is the so-called Children’s Commissar, Cindy Kiro, criticising the parents for considering such an option, but uselessly offering no course of action in its place.

If you don’t know what is going on in these institutions of systematic child abuse called state schools, you need to find out. And then tell your friends and rellies to get their children OUT of those places as soon as possible. All I have to do is read the education column of Stuff.co.nz…it’s enough to make your toenails curl. But I’ve been reading it and other sources for over 20 years…I have stacks of clippings and e-articles of the most horrendous goings on, that just don’t stop, no matter how hard the schools try to cover up…and don’t fool yourself…they go to great lengths to slam the lid on any negative publicity.

Get yourself a subscription to TEACH Bulletin https://hef.org.nz/2007/teach-bulletin-1yr/.  It’s only $9 lousy bucks for 6 issues a year and almost always has a good sampling of the latest in state school violence, as well as other political and statist trends in relation to schools, home education and parenting. Get your friends and neighbours a subscription, too, for it will open their eyes. We’ve got to be informed and stop pretending everything is all right. We’ve got to get children out of the schools, and we’ve got to embolden parents to speak up when their children are being abused by the system.

TEACH Bulletin is available from us at:

Craig & Barbara Smith

Home Education Foundation

PO Box 9064

Palmerston North 4441

New Zealand

Ph. +64 6 357-4399

craig@hef.org.nz

www.hef.org.nz

Legal option after bullying

By NATHAN BEAUMONT – The Dominion Post

Last updated 05:00 21/03/2009

http://www.stuff.co.nz/national/education/2281076/Legal-option-after-bullying

A family is considering legal action against a school after a girl was bullied for so long that she lost 12 kilograms, spent three weeks in hospital and had to move to another school.

The children’s commissioner has described the case as “completely unacceptable” and said she would be prepared to investigate.

And a lawyer is warning school boards that they could be prosecuted by parents whose children suffer emotional harm as a result of bullying.

The parents of the 15-year-old victim said St Mary’s College in Wellington did not do enough to stop the ordeal, which started in August 2007.

Though the bully had written an apology letter to the victim, her family said it was still seeking answers from the school board.

The victim informed the school counsellor when the bullying started, but was told it was just “girls being girls” and would “blow over”, her mother says.

But it did not blow over. Instead the victim said she endured taunts and rumours for a further seven months at school.

The girl’s mother said her daughter developed an eating disorder, lost 12 kilograms and spent three weeks in hospital recovering. The claim was backed up in a letter from a clinical psychologist that was sent to the school.

“After assessment it was clear that [her] weight loss was not due to concerns about her appearance but rather was as a tool to help her maintain control of herself during an episode of bullying by girls at school.”

The parents removed their daughter from the school, but said the taunts continued, with bullying text messages.

St Mary’s principal Mary Cook said the school did everything in its power to deal with the situation.

“The issue with bullying is that it is very difficult to deal with and isolate. It does not matter what a school does, it can never be resolved completely. We do everything we possibly can.”

Meanwhile, a lawyer has warned that it is a statutory requirement for schools to take all reasonable steps to prevent bullying from occurring while pupils are at school.

“Failure to take such steps could result in criminal prosecution and hefty fines,” John Miller said.

Children’s Commissioner Cindy Kiro said it would be a “sad day” if bullying victims started taking legal action.

“It’s not a route we want to go down, that’s the American way. It is an option, but it is the least constructive option.”

The victim’s mother said the family was keen to explore legal action. “Definitely, we would be keen to look into that area.

“All schools have different approaches to bullying, but St Mary’s seems to be: keep it quiet and deny, deny, deny.”

LETTER TO VICTIM

Letter from the bully to the 15-year-old victim after she left St Mary’s School.

“I don’t want you to have to leave all your friends because of all this shit. I am so sorry for everything. You have no idea how bad I feel. I would do anything to take back what’s happened and everything I have said and done, not only to you, but your friends.

“I know that we will never be friends, but I want us to be anything but enemies. I am so sorry for everything that has happened in the past year. I hope you get better soon and that this letter means even a little something to you.”

Board sacked to protect pupils

http://www.stuff.co.nz/4833210a11.html

By EMILY WATT – The Dominion Post | Friday, 30 January 2009

The Government has sacked a second school board in a fortnight after revelations its teachers were hitting, swearing at and denigrating pupils.

Education Minister Anne Tolley dissolved the board of South Auckland’s Sir Edmund Hillary Collegiate yesterday and replaced it with a commissioner to safeguard pupils.

The move followed a damning Education Review Office report which raised “serious concerns about student safety and about the quality of teaching” at the school. The 1280-pupil co-ed state school is decile one, meaning it teaches pupils from the poorest and most deprived communities and homes. It is one of 10 South Auckland secondary schools that had police officers posted on the grounds as part of a pilot scheme last year to fight crime, and gather intelligence about youth gangs and drug dealing.

Mrs Tolley dissolved the board of trustees at Auckland’s Selwyn College on Tuesday last week after the office criticised differences between board members and the community which had resulted in falling enrolments.

In the latest sacking, ERO said the board had failed to provide a safe environment.

“The physical and emotional abuse of students by a few teachers is a long-standing issue that has been brought to the board’s attention in the past. This abuse by some teachers includes hitting, swearing at and denigrating students,” the report says.

Mrs Tolley said the abuse was concerning. “That is totally unacceptable. Student safety is paramount.”

Sir Edmund Hillary Collegiate is effectively three schools – junior, middle and senior. ERO found a climate of mistrust among the school’s three principals and said the board’s inadequacy hindered the school’s ability to provide quality education.

Given the report’s allegations, Mrs Tolley said she had no hesitation appointing a commissioner to replace the board.

The former executive principal of Diocesan School, Gail Thomson, would take over today.

Former pupil Charles Makakea, who graduated last year, said he was surprised to hear the board was under fire.

“It was a good school,” he said.

He had heard reports of teachers hitting students, “but I didn’t know for sure”.

A former teacher said it was a low-decile school and there were a lot of tensions for teachers.

“I understand it’s also a hard-to-staff school.”

But though it was a difficult environment, there were no excuses for the behaviour described in the report.

Post Primary Teachers Association president Kate Gainsford said it was appalling that concerns had reached such serious levels without effective support for the board being put in place earlier.

“Maintaining discipline and managing safety in challenging circumstances can be difficult for trained professionals who are working full time. For volunteers devoting their spare time to shoulder such heavy responsibilities, [it] is a tall order.”

ERO will return to the school within 12 months.

Minister orders action on truants

http://www.stuff.co.nz/4831079a11.html

Minister orders action on truants

By LANE NICHOLS – The Dominion Post | Wednesday, 28 January 2009

Education Minister Anne Tolley says she is hugely frustrated by a decision to scrap the biennial school truancy survey last year, leaving data three years out of date.

The Government is demanding urgent action on truancy amid revelations that officials have little or no idea how many thousands of children cut class each day.

Education Minister Anne Tolley is instructing staff in her ministry to survey schools immediately to gauge national truancy rates and brief her on the fight against non-attendance.

Officials admit the latest national truancy figures up to 30,000 children each week are nearly three years old.

They could only guess how many children were absent on any given day, and had not delivered on reduced truancy targets, one said.

A biennial week-long survey of schools to collect crucial truancy figures, to have been held last year, was ditched while a new electronic attendance tracking system was implemented in some schools.

The last survey, in 2006, showed up to 30,000 children 4.1 per cent of the 750,000 primary and high school pupils were truant each week. It brought claims that the government was fighting a losing battle against a “truancy tidal wave”.

A further “lost tribe” of 2500 long-term truants are not even enrolled. They are thought to represent a hardcore of young offenders before the youth justice system.

The electronic tracking system will provide more accurate data, but problems have delayed its implementation. Only about 250 of the 2700 schools are believed to use it. Just a handful of schools took part in a trial of the new system late last year and the data was of little use, officials say.

“If that information had come out, we would have known what the attendance and non-attendance picture was,” a ministry official said. “So we share the disappointment. We feel it.”

The ditched survey was “the only information we have nationally on attendance. We have nothing else”.

Mrs Tolley said she was surprised and disappointed that Labour had not demanded last year’s truancy survey, which would have provided up-to-date non-attendance figures.

“This means the last solid data we have is from 2006. That is unacceptable and I will be directing officials to undertake a survey as soon as possible so we can understand the true size of the truancy problem and work with schools and communities to ensure that more children are regularly engaged in school.”

Getting more children back in class was a priority, especially when an estimated 150,000 pupils were failing.

Results from this year’s survey would not be available till 2010.

Labour education spokesman Chris Carter said “snapshot” surveys did not provide accurate truancy information as figures were easily skewed by one-off events.

He had not been responsible as minister for ditching the survey. “At no point was I asked about it. I assume it was advice from officials.”

The electronic system would eventually provide a much clearer picture. “We know there is a truancy problem. No one’s disputing that. But telling us how many kids are away isn’t solving the problem.”

Ministry senior manager Tina Cornelius said the electronic tracking system, which is not compulsory, was likely to replace the biennial survey, depending on schools’ uptake.

Mum fearful of school fines

http://www.stuff.co.nz/4803156a11.html

Mum fearful of school fines

By REBECCA TODD – The Press | Friday, 26 December 2008

A Christchurch mother is angry at the prospect of having to pay heavy fines because she cannot get her son to go to school.

Under new laws passed by the National-led Government, parents of truants can be fined $300 for the first offence and $3000 for subsequent offences.

They can also be fined $3000 if they fail to enrol their child in school.

In the past, parents could be fined $150 for the first offence and $400 for subsequent offences.

Michelle Chalmers said her 14-year-old son had not been in school for much of this year, but she could not force him to attend.

“We haven’t got any control, but we are being prosecuted,” she said.

“How do you forcibly get them out of bed, into school and keep them there, and even if they are there, how do you make them learn? I just don’t understand what they want us to do.”

Chalmers put much of her son’s problems down to lead poisoning from eating flakes of house paint as a baby. He was diagnosed with attention deficit hyperactivity disorder (ADHD) before starting school and has behavioural issues that have brought him close to expulsion.

At 14, he was diagnosed as dyslexic, but Chalmers said it was too late by then to make him want to be in school and learn.

“I was dropping him off, seeing him walk in and picking him up at the same place, only to find out later he had been bunking,” she said.

The former Aranui High School student was no longer enrolled at any school, but Chalmers had not been threatened with prosecution despite her son’s prolonged absence.

“There’s nothing I can do to stop it and it’s heartbreaking,” she said.

“I know I’m not the only one out there.”

Linwood College principal Rob Burrough said the move to heavier fines was positive, but cases needed to be looked at individually.

“Part of it is parental issues and part is student problems, so I think a $3000 fine will have some impact, but there needs to be a multi-pronged approach,” he said.

“Some parents have lost control of their children by their own admission, and so this is a burden for them.”

Linwood has been trialling anti-truancy programme Rock On, in which the Ministry of Education, police, Child, Youth and Family and truancy services work with the school and parents to get students back in school.

Canterbury police youth services co-ordinator Senior Sergeant John Robinson said police were working on their third prosecution this year for parents of truants.

“We’ll never prosecute anyone if the child is the issue, only if the parent is the issue,” he said.

Heavier fines sent a message to people that attending school was a priority.

“No parent wants to be held out there having to front up before the court and told they are not a particularly good parent because they can’t get their kids to school,” Robinson said.

$1.5m paid to control kids

http://www.stuff.co.nz/4764141a11.html

$1.5m paid to control kids

By LANE NICHOLS – The Dominion Post | Tuesday, 18 November 2008

A fund to help schools with troublesome pupils has dished out more than 1300 payments – mostly for dealing with violence and aggressive or threatening behaviour.

The Interim Response Fund was set up to help schools keep difficult pupils in class. In most cases the money is spent employing one-on-one teacher aides to work with difficult or dangerous pupils.

The fund, introduced last year, is part of a strategy to tackle “severe behaviour” after a sharp rise in incidents.

“It might be some sort of unprovoked assault,” Secondary Principals Association president Peter Gall said.

“That’s the worst sort of violence. That’s unfortunately the situation schools are faced with on an increasing basis these days.”

An Education Ministry report issued to The Dominion Post shows the fund has paid out more than $1.5 million on 1387 successful applications to support 1240 pupils.

Almost every crisis involved boys, most of whom were still at primary school. Injury had been caused in 41 per cent of cases.

A further 20 per cent involved other violent incidents, and 11 per cent involved aggressive or threatening behaviour.

After 10 weeks, nearly one in three schools said the situation was still unstable.

Asked how widespread violence problems were in schools, Special Education deputy secretary Nicholas Pole said the level of violence committed by youth offenders was growing – though the ministry did not “collect data on it in any systematic way”.

Some schools have started using a new confidential pupil survey to gauge whether pupils feel safe, how often they play truant and whether they get bored in class.

The ministry hopes the surveys will provide important information, but has ruled out making the use of them compulsory.

Council for Educational Research manager Charles Darr helped develop the Me and My School survey. He said it was being used by about 100 schools.

It asked pupils how engaged they felt at school, including their safety, truancy patterns, teacher relationships and how interesting they found classes.

“Schools are using it to get some sort of student voice on how well students feel they are involved in student life,” Mr Darr said.

“If you’re looking at the health of your school, you need to be looking at something like this as much as you do achievement information.”