Building Capacity to Reduce Bullying Workshop Summary (2014) / Chapter Skim
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9 Laws and Public Policies
9 Laws and Public Policies
Pages 81-88
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From page 81... ...
• Existing law puts school districts in a strong legal position to impose discipline in student-on-student bullying cases, but dis tricts seeking to protect targeted students must defend lawsuits that might arise. (Abrams)
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From page 82... ...
Department of Education developed a comprehensive framework to evaluate anti-bullying laws and policies in 46 states. The report identified 16 key components found in the existing laws, such as a definition of what bullying is; a list or "enumeration" of the specific groups of individuals to be protected from bullying; and requirements for communicating the law or policy to school administrators, teachers, and students.
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From page 83... ...
The researchers linked these findings on anti-bullying policies to health and sexual orientation data collected through an annual survey of 11thgrade public school students in Oregon, including 301 lesbian and gay youth. Counties were divided into three categories ranging from "least inclusive" to "most inclusive" based on the proportion of their school districts with anti-bullying policies that included sexual orientation.
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From page 84... ...
Abrams, a professor at the University of Missouri School of Law, discussed the private and public system that protects children. The pediatric safety system has parents at the top of the hierarchy and works its way down through the public schools, law enforcement, juvenile and family courts, and state mental health agencies (Abrams, 2009)
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From page 85... ...
First, he said, "the law can sometimes present major challenges to protecting bullied children." Schools may face strong professional and financial disincentives against enforcing state anti-bullying laws. Second, when bully perpetrators or their parents file lawsuits, they typically assert constitutional rights or other legal rights.
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From page 86... ...
The Supreme Court held, Abrams said, that schools may regulate student speech to teach "the shared values of a civilized social order" and fundamental values, which include consideration of "the sensibilities of fellow students" and "the boundaries of socially appropriate behavior." Many cases of bullying, including cyberbullying, also involve physical assaults, Abrams noted, and these are not protected under the law. The First Amendment does not protect true threats of violence, even verbal ones.
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From page 87... ...
If lawyers put on a good case, showing how much time teachers and schools spend dealing with animosities arising from bullying and how hurtful bullying is to students, he said, "I think the judges would be receptive." However, he added, school districts often fail to put on a proper case. Jonathan Todres of Georgia State University College of Law asked if it is possible to address social harms such as bullying in ways that incentivize positive behavior rather than just punish bad behavior.
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