Bullying

and the law

By: Emily Walkiewicz

Bullying in schools has become widely viewed as an urgent social, health, and education concern that it’s moved to the forefront of public debate and in

school legislation and policy (Stuart-Cassel, Bell, & Springer, 2011).

Elected officials and members of the school community have come to view bullying as an

extremely serious and often neglected issue (Swearer, Limber, & Alley, 2009).

The focus on this issue has intensified over the past 12 years as a reaction to school violence that’s often

linked to bullying… (Stuart-Cassel, Bell, & Springer, 2011)

.

Bullying was previously accepted as part of the experience of childhood and the thought was that most children move past or

outgrow it’s pain… researchers now link bullying to a broad range of long-term harms for both students who bully and students

who are bullied (Stuart-Cassel, Bell, & Springer, 2011).

According to a recent survey from the National Center for Education Statistics

(NCES), 39% of middle school administrators and 20% percent of elementary and

high school administrators reported that they deal with bullying on a daily basis.

(Neiman, 2011).

Studies show that youths who are chronically bullied demonstrate lower academic achievement and school

connectedness, as well as higher rates of truancy and disciplinary problems (Juvonen, 2009; You et al., 2008; Gastic, 2008).

Youths who bully are also likely to become more violent

over time and continue to engage in bullying behavior as

adults, either in the workplace or in their partner

relationships (Garbarino & deLara, 2003).

One study exploring the relationship between bullying and

criminality found that 60% of boys who bullied in middle

and high school had been convicted of one or more crimes

before they reached the age of 25, and 40% of those had

three or more convictions (Fox et al., 2003).

State Bullying Laws

In the aftermath of the 1999 Columbine shootings and as a response to bullying-related suicides, there has been

a wave of new legislation at the state level to define acts of bullying in the school context and to establish school

or district policies that prohibit bullying behavior.

The chart below shows that from 1999 to 2010 there were more than 120 bills enacted by state legislatures

nationally that have either introduced or amended education or criminal statutes to address bullying and related

behaviors in schools.

Pennsylvania Legislative Definition:

“Bullying”- an intentional electronic, written, verbal or physical act, or series of acts• Directed at another student• Occurring in a school setting• That is severe, persistent or pervasive and• That has the effective of doing any of the following:1. Substantially interfering with a student’s education2. Creating a threatening environment3. Disrupting the orderly operation of the school or within

the school setting (on school grounds, in school vehicles, at the bus stop or an activity sponsored or sanctioned by the school)

(Stuart-Cassel, Bell, & Springer, 2011)

Pennsylvania School District Policy Definition:

A student is being bullied if s/he is exposed repeatedly over time to negative actions by one or more individuals. A bully is defined as an individual who repeatedly engages in negative actions towards others. Negative actions include physical, verbal or indirect actions that are intended to inflict physical or emotional discomfort upon another and can result in cruel rumors, false accusations, and social isolation. These actions may include, but are not limited to:1. Name calling.2. Teasing.3. Threatening looks.4. Gestures.5. Note writing.6. Electronic communication.7. Extortion.8. Physical intimidation.9. Threats.10. Assault.(Stuart-Cassel, Bell, & Springer, 2011)

At present, no federal law directly addresses bullying. In some cases, bullying overlaps with discriminatory harassment which is covered under the Civil Rights Act of 1964. Although this act does not directly cover religion which is a common source of conflict, it can be seen that religious based harassment is based on shared ancestry of ethnic characteristics which IS covered by the Civil Rights Act of 1964. No matter what label is used (e.g., bullying, hazing, teasing), schools are obligated by these laws to address the behavior.

A school that fails to respond appropriately to “bullying” may be violating more than the Civil Rights Act of 1964, it may also ne violating:• Title IV• Title XI• Section 504 of the Rehabilitation Act• Titles II and III of the Americans with Disabilities Act• Individuals with Disabilities Education Act (IDEA)• Family Educational and Right and Privacy Rights Act (FERPA)

Titles IX and IV do not prohibit discrimination based solely on sexual orientation but they do protect all students from “sex”-based harassment… http://www.stopbullying.gov/laws/federal

So… what can we do?

BE PROACTIVE, NOT REACTIVE… • Create a culture of tolerance and trust starting with the school vision.• Create a supportive mentoring system that is sustainable and built into the daily schedule. • Teach and reinforce constructive language and actions that empower students.

It has been proven in schools where teachers are mentors and have consistent and effective parent

communication that the truancy rates are lower (Acosta, 1995).

Section 1303.1-A Pennsylvania Policy Relating to Bullying est. 2009,mandates that:

• Individual schools must include “school rules” and disciplinary consequences relating to bullying in their codes of conduct.

• Individual schools must identify a point staff person to receive reports of incidents of alleged bullying.

• Each school is required to make their own policy available on its website and in every classroom as well as post it in other prominent areas.

• Each school should review their own policy with the students and staff every 90 days (once each school year).

• Each school is required to review its own bullying policies and programs every three years and attach their policies to the school’s annual report.

• Each school must adhere to the state definition of bullying and report all cases.

http://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1949/0/0014.013A003.001..HTM

Bully Buster Text-a-Tip Service Helps Schools Stop Bullying - See more at: http://www.e2campus.com/news-and-events/bully-buster-text-a-tip-service-helps-schools-stop-bullying-13467#sthash.gBY4LmKz.dpuf

In recent studies, 65% of victims said bullying was not reported by them or others to teachers or school officials, 40% went unreported even when the victim had suffered an injury (Johnson, 2012).

Studies show only one or two out of every 10 incidents are being reported; 80 to 90% of incidents are unreported and school leaders remain in the dark (Johnson, 2012).

These incidents remain unnoticed for many reasons. Students may fear retaliation from a bully or don't want to be embarrassed. They may feel their reports will be ignored or that reporting it will make the situation worse. Many times students don’t know where or whom to turn to; they don't trust the administration or law enforcement… (Johnson, 2012).

Children have a right to attend public schools that are free of fear, threats, and intimidating behavior by bullies. Students cannot learn in an environment where they experience threats and intimidating behavior by other students. School personnel have a legal duty to protect students from foreseeable harm. It is foreseeable that acts of bullying may result in physical and psychological harm to students that could linger for a lifetime (Essex,

2011).

References:

http://www.stopbullying.gov/laws/federal

http://www.legis.state.pa.us

http://www.e2campus.com/news-and-events/bully-buster-text-a-tip-service-helps-schools-stop-bullying

Acosta, A., Hamel V. (1995). Hispanic/Latino natural Support Systems. CSAP Implementation Guide , 182.Essex, N. (2011). Bullying and School Liability- Implications for School Personnel. Clearing House , 84 (5),

192-196.Fox, James Alan, Delbert S. Elliot, R. Gil Kerlikowske, Sanford A. Newman, and William Christenson. 2003.

“Bullying Prevention is Crime Prevention.” A Report by Fight Crime: Invest in Kids. Washington D.C. Garbarino, James, and Ellen deLara. 2003. “Words Can Hurt Forever” Educational Leadership. March

2003:18–21. Johnson, K. (2012). Bullying Prevention. American School & University , 85 (1), 34-37.

From the School Survey on Crime and Safety: 2009–10 (NCES 2011-320). U.S. Department of Education, National Center for Education Statistics. Washington, DC: U.S. Department of

Education.Juvonen, Jaana, Yueyan Wang, and Guadalupe Espinoza. 2010 Bullying Experiences and Compromised

Academic Performance Across Middle School Grades. The Journal of Early Adolescence. 31(1):152– 173. Neiman, Samantha. (2011). Crime, Violence, Discipline, and Safety in U.S. Public Schools: Findings. Stuart-Cassel, V., Bell, A., & Springer, J. F. (2011). Analysis of State Bullying Laws and Policies. Office of

Planning, Evaluation and Policy Development, US Department of Education.Swearer, Susan, Susan Limber, and Rebecca Alley. 2009. “Developing and Implementing an Effective Anti-

Bullying Policy.” In Bullying Prevention and Intervention: Realistic Strategies for Schools. New York: The Guilford Press.