Anti-Bullying: The Legal Landscape
“I guess you could say it started in sixth grade … my stuff would start to disappear from my gym locker, or backpack, and [this group of] girls would just happen to have it. It got worse in seventh grade. Every. Single. Day. [[T]hose girls] would ‘accidentally’ bump into me, make up new nick-names for me, pull my hair, glare at me, tease me …”
Sam’s story is not merely an abbreviation of her tragic bullying experience; it represents sentiments shared by many victims on noplace4hate.org, an anti-bullying blog that connects victims, parents and advocates to a single network. The aim of the blog is two-fold: First, to curtail bullying in schools by disseminating important information to those effected. Secondly, to help victims find relief within a community of similarly situated victims.
The website’s homepage headlines, “[there are] 4,400 suicides each year due to bullying. 1 out of 10 kids drop out of school from bullying. It’s time to stand up.”
Standing up, the website instructs, demands something different from everyone. Victims should inform themselves on the proper way to respond to the bully, to protect themselves and others by reporting it. Advocates should similarly take the initiative to report bullies to the proper authorities. Parents, on the other hand, have a loftier responsibility. The anti-bullying blog encourages parents to take a stand by contacting their local senators to lobby for the imposition of harsher punishments for bullies. Through such criminalization, the blog assures, some bullying can be reduced over the long term.
A few words of caution to inspired parents: Before running to your local officials, review your state and school district’s policies on bullying.
A Historical Outlook on Bullying Laws
The anti-bullying legal landscape has undergone significant growth over the last fifteen years. In 1999, the highly-publicized Columbine High School shooting forced elected officials and the school community to acknowledge the seriousness of bullying and the potentially fatal outcome of ignoring it.
Incited by Columbine, a number of bullying-related suicides, and research suggesting the long-term effects of bullying, forced government officials to take action. Consequently, a wave of anti-bullying laws quickly swarmed the United States. Currently forty-nine states have passed such legislation, with many adopting model policies to pass onto school districts under their purview. Montana, the only excepting state, is in the process of joining the united front against bullying. (Earlier this month, the Montana Senate passed the bill officially prohibiting bullying. It is currently awaiting Governor Bullock’s signature.)
An (Uncoordinated) Response Between States
This united front among state governments is not without ingrained disparities. The Department of Education highlights that, while most state laws mandate the following key components in anti-bullying policies, local districts within each state vary their implementation. These components include the definition of bullying, reporting measures, investigation techniques, record keeping, sanctions, and counseling referrals.
The Montana bill, for example, mandates local adoption of anti-bullying policies but grants each school district discretion in development and implementation of local policy. New Jersey, on the other hand, has enacted the nation’s toughest laws on bullying (largely in response to the tragic story of Tyler Clementi, who committed suicide after being the victim of sexual orientation-based bullying). New Jersey’s law holds schools accountable for adopting a strict definition of bullying accompanied by strict procedural guidelines for prevention, reporting and investigation.
The disparities are all but converging. Nevada recently announced its intent to consider revamping the state’s anti-bullying legislation. Rather than cracking down on offenders (a recent trend among states), Nevada’s proposal would lead to greater sanctions on teachers and administrators for inaction.
So Parents Should..?
Unfortunately, for concerned parents, the discrepancies between state policies give rise to a lot of uncertainty surrounding the school’s responsibilities, the child’s rights, and the proper approach for parents.
Child Therapist Melissa Martin highlights, however, that most cases of bullying do not rise to the level of impenetrability. Many children experience mild forms of bullying or teasing that can be combated without taking official measures. Ms. Martin prescribes active communication with teachers, administrators, and other parents as the key to suppressing bullying. In fact, there is evidence that such communication has been effective. For example, many of the children reporting their stories on noplace4hate.org, note that once school officials became aware of the bullying, the direct threat of suspension or expulsion successfully wards off the offenders.
In the event the bullying continues, parents are encouraged to be proactive. By informing themselves of the state and local policy, parents can identify administrative negligence and, as the blog suggests, contact school boards or elected officials to address the matter. Keeping an accurate account of your child’s experience and any communications regarding it will benefit parents taking such action.
Member of a Protected Class? You’re Protected.
Unfortunately, the anti-bullying legal landscape lacks any federal direction, with only a slight but grave exception. The Department of Education has warned educators that failure to address bullying motivated by sexual orientation, gender, race or ethnicity could be a violation of Title VI of the Civil Rights Act of 1964. So, while public schools have some flexibility in their treatment of “ordinary” bullying, so to speak, they have affirmative duties when it comes to bullying based on a protected class.