GOOD SITE FOR MORE BULLY INFO

In combing through the NET i found this site... Love the videos and info is great as well......Please share......we all need it.........

Be Blessed and be the Change you want to see...........



CLICK HERE  to visit site.

TEXAS LAW ON BULLYING -ROLES OF THE TEA - week #7

One of the TEA’s roles is to “[m]onitor[] for compliance with certain federal and state guidelines.” The TEC is a state statutory compilation that governs public education in Texas; it applies to all educational institutions receiving state tax funds. “According to the TEC, the mission of public education is to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.”
(This cannot be done if children are too afraid to go to school) 
 One of the federal guidelines the TEA monitors is the Safe and Drug-Free Schools and Communities Act. This Act “provided state and local education agencies . . . with supplemental funding to develop and enhance education programs targeting violence prevention . . . for students and employees in elementary and secondary schools.” Another role of the TEA is to “administer[] billions of dollars in both state and federal funds that support a variety of programs to benefit public education.”

 The major source of income for public education comes from the Permanent School Fund. In 1845, the Texas Constitution required “one-tenth of the annual state tax revenue be set aside as a perpetual fund to support free public schools,” and now the fund provides $765 million a year to over 1,000 independent school districts in Texas, including 185 public charter schools. However, in 2010, the state “asked each state agency to compile a list of state-funded programs that could be cut to produce a five percent budget reduction”; the proposed budget cuts for the TEA estimated $135 million. Later that year there was a ten percent budget reduction proposal for the 2012–2013 school year— doubling the TEA’s budget cut to $260 million. With these current and possible future budget cuts, the role of TEA may become more limited.

This basically means that YOU as parents and children who are being bullied need to lobby at your schools and local offices of government to make sure that  you understand the programs that are being cut and what YOUR tax dollars are supporting in your local community. Unfortunately, not all programs sponsored by tax dollars even come close to solving the problem anyway.  Training about bullies starts in the home whether you or your child are the victim or the bully.   We have the power to stop this madness but only when we are all so SICK AND TIRED of putting up with it all, will things finally change. 

Next installment will be MODEL LAWS IN OTHER STATES.

TEXAS LAW ON BULLYING - WHAT IS THE TEXAS EDUCATION AGENCY - week #6

This one is quick because I'm just going to guide you all straight to the TEA WEBSITE. I'm guiding you here because the TEA is an administrative agency, established by  the Texas legislature, responsible for the oversight of primary and secondary public education in Texas.  The TEA also woks with the State Board of Education to help run various programs related to public education.  the State Board of Education, an elected fifteen -member board, and the Commission on education, who the Governor appoints, all oversee the TEA .. the TEA is responsible for public schools; it does not have jurisdiction over private schools or home-schooled students.

About TEA

The Texas Education Agency (TEA) is the administrative unit for primary and secondary public education. Agency responsibilities include:

• managing the textbook adoption process;
• overseeing development of the statewide curriculum;
• administering the statewide assessment program;
• administering a data collection system on public school students, staff, and finances;
• rating school districts under the statewide accountability system;
• operating research and information programs;
• monitoring for compliance with federal guidelines; and
• serving as a fiscal agent for the distribution of state and federal funds.

The TEA operational costs are supported by both state and federal funds.

TEA Mission

The mission of the Texas Education Agency is to provide leadership, guidance and resources to help schools meet the educational needs of all students and prepare them for success in the global economy. The agency’s mission statement is included in the current strategic plan.

CLICK HERE TO ACCESS FULL WEBSITE

AWESOME BLOCKING DRILL 2 - COUNTER PUNCHING - KENJIUKAI COMBAT SYSTEM

February 2/8/2014


This is the follow up the the 1st AWESOME BLOCKING DRILL.    We are dealing with punching so make sure you understand that if you are the 1st to throw a punch, there a legal side effects of your actions, so train and use at your own risk. 

AWESOME BLOCKING DRILL - KENJIUKAI COMBAT METHOD

Wanted to share this drill that I have given to 1,000's of my own students and students that I have taught this to in seminars over the years.  I am working with my daughter but don't let the fool you.  This is a full grown, full blown Adult / Teen drill as well. As a smaller guy, I have banked on this type of fight science for years to help me overcome and defeat opponents who are taller and bigger than me, not to mention the bouncers and police officers who need primarily DEFENSIVE motion in order to stay well within the skirt of the law.

I hope you enjoy this video and if you are school owner, please take from this video what you want in order to add some color and flavor to your curriculum.  Parents, get your child some gloves today and take advantage of the free training that I will be providing on this blog....... This is a great bonding activity and it will not eat up too much of your day until your child and you master the art of blocking.

TEXAS LAW ON BULLYING -BALANCING THE CONSTITUTION AND CIVIL RIGHTS WITH NEW ANTIBULLYING LAWS - week #5

“Although the Supreme Court decades ago announced that public school students do not ‘shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,’ the full extent of those rights has never been entirely clear.” The American Civil Liberties Union of Texas (ACLU)“ is committed to fighting for real legislative solutions to ending bullying in our schools.” However, the ACLU has opposed and questioned certain legislation, such as H.B. 224 ((which directly defines cyber bullying)) , because the bill “grants district officials broad discretionary authority to discipline children for actions committed off-campus,
in addition to on-campus.” The ACLU believes the bill would “infringe[] on the fundamental right of parents to direct the upbringing of their children free from government intervention.”

(( ............ I  could not agree more, that bills created to infringe on the rights of parents to direct the upbringing of thier children are not needed........... but...... until then, the right's to self defense are also equally important (( a topic we can cover some other time)).  Some parents are so oblivious to the needs their child who may be either a bully or a victim, that they both go unoticed. This is where we need to step in and make a difference by KNOWING,  truly KNOWING our children because remember, that just because a child lives under the same roof with you DOES NOT mean that you know them well ))

 In addition, “[e]xtending school authority over children’s off-campus speech violates their First Amendment rights.”The ACLU thinks that “[d]istrict officials already have the authority, and duty, to protect students from bullying and harassment” but are failing to enforce those laws. Therefore, “[d]istrict officials must be held accountable for their failure to enforce existing law, rather than be given additional powers that fail
to address the root problem.”

(( In my oppinion, we don't hear enough about law enforcment officials getting busted for not doing their job.  Hearing more about this might make a difference to our impressionable youth who believe that MAGICALLY you will just make right and good decisions when you become an adult, meaning you don't really have to change your actions as a child")) 

The ACLU opposed another bill in 2009 because of “the extreme latitude it gives [schools] to punish students.”In contrast, some instances involving school bullying may be a civil rights violation. The Office of Civil Rights (OCR) is a division of the United States Department of Education that enforces federal laws prohibiting discrimination and has the authority to do so as long as the school receives federal funding
from the Department of Education.

((The lines of our children's education will always be blurred as long as the school's recieve federal funding.  Who really has more control over a child, you or your child's school?))

Title VI of the Civil Rights Act of 1964,Title IX of the Education Amendments of 1972, the Age Discrimination Act of districts may be in violation of these civil rights statutes “when peer harassment based on [one of those protected classes] is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees.”

((This is a great concept to drive home to our children that we cannot ignore when bad things happen and we cannot idley stand by while bullying of any kind is taking place.)) 

“[W]hile current laws enforced by the [OCR] do not protect against harassment based on religion or sexual orientation, they do include protection against harassment of members of religious groups based on shared ethnic characteristics as well as gender[-based] and sexual harassment of gay, lesbian, bi-sexual, and transgender individuals.”

((PERSONAL STORY - I can tell you that I have heard stories of adults, being fired ON THE SPOT for making ethnic or race based joking in the work place, so teaching our children NOW that this is not acceptable is neccessary for their future))

Therefore, when schools know or reasonably should have known about incidents of bullying, they are responsible for addressing these incidents and could be violating students’ civil rights if they do not intervene. However, even the OCR must abide by the Constitution, and “[n]o OCR regulation should be interpreted to impinge upon rights protected under the First Amendment . . . or to require recipients to enact
or enforce codes that punish the exercise of such rights.” A student can file a complaint online with the OCR “within 180 days of the last act of discrimination.” If the OCR investigates the complaint and determines there has been a civil rights violation, it will attempt to negotiate a voluntary resolution agreement. After all attempts of negotiation have failed, the “OCR will either initiate administrative enforcement proceedings to
suspend, terminate, or refuse to grant or continue Federal financial assistance to the recipient, or will refer the case to the Department of Justice.” Even though federal civil rights only protect those mentioned groups of people, “many schools have adopted anti-bullying policies that go beyond prohibiting bullying on the basis of traits expressly protected by the federal civil rights laws. . . to include . . . sexual orientation and religion.”

SUMMARY -You can access the OCR website for complaints regarding discrimination at:
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

Keep the education flowing.  Remember to sit with your kids when you are watching movies and talk about what is right and what is wrong in the movie.  Watch what you say and how you treat your kids because they are watching what you say about others to determine where boundries are and how you treat them tells them whether or not it is okay to be a bully or not.  If you are bullying your kids under the guise of "parenting" you are just migh be the reason some child ends their life based on the behaivor's of future generations in your blood line.

As always.  "Be the Change you want to See"
Peace everyone.


NEXT ARTICLE:  The T.E.A Texas Eductioan Agency, it's Roles and Responsibilities.

TEXAS LAW ON BULLYING - Senate Bill 407 / House Bill 2343 / House Bill 1386 - week #4

REMINDER  - YELLOW and in this issue, some RED are my opinion and extra research to fill in the gaps



S.B. ( a.k.a. Senate Bill) 407 became effective on June 17, 2011, after the Governor signed the bill during the 82nd regular session of the Texas legislature. State Senator Kirk Watson wrote S.B. 407 to address the “offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense.” As more students are getting cell phones, this new practice of sending “sexually explicit images of themselves to one another via text message,” (e.g., “sexting”) has become an increasing issue among teenagers that often leads to bullying or harassment.  (FYI this is such an embarrassing and sensitive issue that children rarely bring this up in conversation to parents who have not full demonstrated that they are EXPERT LISTENERS.  In other words, lecturing parents will rarely EVER know  about this type of abuse )

Before the Texas legislature enacted S.B. 407, if the school district caught students sexting, the state could convict them of possession and distribution of child pornography, which is a felony—meaning the student could go to jail and have a lifetime registration as a sex offender. S.B. 407 remedied this problem by “discourage[ing] children from sexting but not ruin[ing] their young lives” if the court imposed the maximum penalty.(My research regarding penalties for Juveniles and Adults are as follows:

GENERAL COUNTRY WIDE  Juvenile Penalties

When a juvenile—a person under the age of 18—commits a criminal offense, that offense is dealt with through the juvenile justice system, not the adult criminal justice system. Juvenile courts have a wider discretion in the kinds of penalties they impose, even when a juvenile is charged with a serious offense.

* WARNING. Juvenile judges can choose to punish a teen who commits a sexting offense with a verbal warning without requiring any  other penalty.

*FINE - At least one state, Florida, imposes a fine of $60 on first-time juvenile sexting offenders.  Subsequent offenders may face more significant penalties.

*COMMUNITY SERVICE OR COUNSELING - A judge may order a teen who commits a sexting offense to perform community service.  The court may also order a teen to attend individual or family therapy.

*PROBATION -  Probation is also possible for juveniles sexting offenders.  A teen on probation must typically report to a probation office, stay in school, an comply with any other orders the court decides.

*DETENTION - Teen sexting might result in a court ordering the juvenile into a detention center, home confinement, group home, or other placement location.

GENERAL COUNTRY WIDE Adult Penalties

If a teen is 18 or older, that teen can be charged as an adult and face more significant penalties, especially if convicted of child pornography or a similar charge.

*INCARCERATION - An adult convicted of child pornography faces a potential prison sentence of 5 years or more.  All felony convictions impose a sentence of at least a year in prison, though a person convicted may not have to serve any prison time at all.

*FINES - Can be significant especially if the adult teen is convicted of child pornography charge.  Fines can easily exceed $5,000.

*PROBATION - An adult convicted of sexting can also face probation of at least 12 months, but typically longer.

*SEX OFFENDER REGISTRY - Adult teens convicted of a sexting crime are considered sex offenders and must register themselves with a state sex offender registry.  Sex offender registries are typically maintained by the police.  They keep track of where registered offenders live, and offenders must notify police oficer their new location if they move.  the registration requirements differ by state, but usually last at least 10 years

Teen Sexting in Texas

With the rise of cell phone use, especially among teenagers, the practice of “sexting”—sending nude or sexually suggestive photos by text message—has also become common.

Some states have enacted laws against sexting that occurs between teenagers, with penalties that are less severe than those that would apply to an adult who sends such photos to an under-age person. Other states punish sexting under pre-existing laws against child enticement and pornography.

Teen Sexting in Texas

Texas punishes teen sexting under its law against electronically transmitting sexual depictions of children. Under this law, it is illegal for one minor to electronically send an image of someone younger than 18 years old to another minor; this includes images of the sender, recipient, or another underage person.

However, minors have a defense to prosecution when the images are solely of the sender or recipient, were sent within a dating relationship, and both parties are not more than two years apart in age (including if one party is 18 or older).

Images sent to harass or bully the recipient may incur additional penalties for the sender.T (x. Stat. & Code Ann. § 43.261.)

Adults who sext with minors may be prosecuted for distributing sexual images to a minor, possessing or distributing child pornography, or promoting sexual performance by a minor. These crimes are usually punished as felonies, described below. (Tx. Stat. & Code Ann. § 43.24, -25, & -26.)

SEXTING AND FEDERAL LAW

Depending on the circumstances, sexting may also be a crime under federal law.

The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct. Knowing possession of such material—without intent to distribute—is also a crime under the PROTECT Act. (18 U.S.C. § 1466A(a)(1).)

Federal law also criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict that conduct. Parents who allow this behavior can also be prosecuted. (18 U.S.C. § 2251.)

It’s also a federal crime to use a computer to ship, transport, receive, distribute, or reproduce for distribution a depiction of a minor actually engaging in sexually explicit conduct, or any material that otherwise constitutes child pornography. It’s another federal crime to promote or solicit sexually explicit material involving a minor. (18 U.S.C. §§ 2252, 2252A.)

Penalties for Sexting in Texas

It is a Class C misdemeanor to minors to send or receive sexts from other minors. Penalties may include a fine of up to $500. Penalties may increase for second and subsequent convictions or if the crime was part of cyber-bullying or other harassment.

However, a minor who receives sexts as part of cyber-bullying or other forms of harassment will be unlikely to be charged with (or convicted of) a crime.

An adult who sexts with a minor may be charged under one of several state laws mentioned above, depending on whether the adult sent, received, or solicited the sexts; and penalties increase if the adult distributed those images to others as child pornography. Penalties may include a fine of up to $10,000, up to 20 years in prison, or b

oth.

Sex Offender Registration

An adult punished for an offense involving sexting with a minor may be required, in addition to the fines and prison term described above, to register as a sex offender. And although it is less probable that a juvenile will have to register as a sex offender, it is a possibility that you should discuss with your attorney (described below).

Speak to an Attorney

Any charges that stem from teen sexting can result in some very serious consequences for the teen, the people who shared photos with the teen, and potentially for the teen's parents or guardians (who may be charged under Texas’ child enticement or endangerment laws for allowing the teen’s involvement in illegal sexual activities).

If you’ve been questioned by the police or charged with a sexting crime, you need to speak to an experienced local criminal defense lawyer immediately. Only an experienced local attorney will be able to provide you with legal advice, information about the courts and judges in your area, and the potential consequences of the charges against you, including whether juvenile defendants may be required to register as sex offenders. But federal prosecution of juveniles for sexting may be unlikely.  the Federal Jvenile Delinquency Act (FJDA) generally provides that, where possible, juveniles should be prosecuted in state - not federal courst.  (18 U.S.C 532.0)

While S.B. 407 mostly made changes to the Texas Penal Code, the Texas Code of Criminal Procedure, and the Texas Family Code, the bill did make changes to the TEC. “[S.B.] 407 requires the Texas School Safety Center . . . to create a sexting educational program” that would “be available to all school districts” and authorizes the school district to offer programs to its students. This bill amended the TEC by adding these school programs to address all the consequences of sexting and “the connection between bullying, cyberbullying, harassment, and a minor sharing visual material depicting a minor engaged in sexual  conduct.”80 S.B. 407 also requires school districts to make information about these programs

available to both students in appropriate grade levels and their parents.

III. DISCUSSION OF LESBIAN, GAY, BISEXUAL, AND TRANSGENDER
BULLYING IN SCHOOLS AND ITS CONNECTION WITH YOUTH SUICIDE

Who can forget the devastating story of Asher Brown, a thirteen-year-old boy who committed suicide because other students bullied him and accused him of being gay at his school in the Cypress-Fairbanks Independent School District in Houston. ( Despite your religious beliefs, any bullying based on sexual orientation is unacceptable) Asher’s parents said they complained to the school many times, but the school disregarded their concerns about their son. As “compared to their heterosexual peers,” young LGBT people “are at increased risk for bullying, teasing, harassment, physical assault, and suicide related
behaviors A ten year study of 7,000 LGBT students showed that due to their sexual orientation “eight of ten students had been verbally harassed at school; [f]our of ten had been physically harassed at school; [s]ix of ten felt unsafe at school; and one of five had been the victim of a physical assault at school.”

ASHER'S LAW HOUSE BILL 2343
As a result of Asher Brown’s suicide, State Representative Garnet Coleman wrote H.B. 2343—known as Asher’s Law—to address “youth suicide and . . . the prevention of associated discrimination, harassment, bullying, and cyberbullying.” The bill would amend the [Texas] Health and Safety Code to require the
Texas Department of Health, in coordination with the Texas Education Agency, to develop a comprehensive suicide prevention program for implementation in junior, middle, and high schools. The bill would also
amend the [Texas] Education Code to prohibit discrimination, harassment, and retaliation against . . . a student enrolled in the school district on account of actual or perceived ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion, or national origin of the . . . student

HOUSE BILL 1386
Garnet Coleman filed this bill on March 7, 2011, but it has not made it through the process for enactment by the Texas legislature—the next step is to have a public hearing, then a vote in the house and the senate, and finally a signature by the Governor. S.B. House Bill 1386 Garnet Coleman also wrote H.B. 1386, which became effective on June 17, 2011.The bill is similar to H.B. 2343 in that it amended the Texas Health
and Safety Code to require the Texas Department of Health, working with the Texas Education Agency (TEA), to provide suicide prevention programs in schools. However, the bill did not amend the TEC to prohibit discrimination based on sexual orientation or other minority groups. Texas, while still in the
majority, has not included sexual orientation as a protected class of citizens against discrimination in its laws.  national Non Profit Organizations  "The Trevor Project" & "It Gets Better Project" 

Next issue will deal with BALANCING THE CONSTITUTION AND CIVIL RIGHTS WITH NEW ANTI-BULLYING LAWS as they relate to Free Speech, the Americans with Disabiltiy Act of 1990 and the Office of Civil Rights. 

Be the Change you want to see
Peace to All
Coach J