In September 2011, the state of New Jersey began enforcing the toughest bullying law in the country. Every school must report any bullying to the state, and the state will evaluate each school based on standards, policies, and bullying incidents. Every school must have an effective anti-bullying plan. All school administrators and teachers are required to respond to any incidents of bullying reported or observed by them. Teachers must report any incidents of bullying they observe to administrators. Bullies risk suspensions up to and including deportation if convicted of intimidation of any kind; From small teasing to severe cases. In October 2014, as part of National Bullying Prevention Month, the U.S. Department of Education`s Office for Civil Rights (OCR) issued guidelines for schools reminding them that bullying is unacceptable and should not be tolerated – including bullying against the 6.5 million students with disabilities in the United States. In all states except Montana, bullying law requires schools to have a formal policy to help identify behaviors and discuss possible formal and/or informal disciplinary responses that may follow. Some laws require certain elements to be included in the policy (e.g., a specific definition of bullying), while others simply require a policy without specification. National and local legislatures have taken steps to prevent bullying and protect children. Each jurisdiction, including the 50 states, the District of Columbia, and the U.S. (state) territories, treats bullying differently.
Some have established laws, policies and regulations. Others have developed model guidelines that schools and local education organizations (districts) can use when developing their own local laws, policies and regulations. Most state laws, policies, and regulations require districts and schools to implement bullying policies and procedures to investigate and respond to bullying when it occurs. A handful of states also require bullying prevention programs, the inclusion of bullying prevention in health education standards, and/or teacher professional development. These state laws generally do not prescribe specific consequences for children who engage in bullying behavior, and very few classify bullying as a criminal offense. In addition, states can address bullying, cyberbullying and related behavior in a single law or multiple laws. In some cases, intimidation appears in a state`s penal code, which may apply to minors. While there is currently no government support for anti-bullying, Thursday`s Child[14] provides a 24-hour hotline for children, teens, and young adults in the United States who are being bullied at 1 (800) USA KIDS or (818) 831-1234 from a mobile device. Currently, it is the only helpline of its kind in North America. It`s also important to review your school`s code of conduct and read your school`s bullying policies. Anti-bullying policies for schools complement protections under state law.
Republic Act 10627 or Anti-Bullying Act of 2013 was signed into law by former President Benigno Aquino III on September 6, 2013. The law requires all primary and secondary schools in the country to have an anti-bullying policy. According to a 2008 study by the UK`s Plan International, 50% of schoolchildren in the Philippines have been bullied by their teachers or peers. [2] [3] Schools often have policies that address bullying, and in most states, schools are required by law to have one. Guidelines are usually included in the school textbook or on the website. If you can`t find the policy, contact your child`s principal, school counselor or social worker. The Safe and Drug-Free Communities in Schools Act is part of the Leaving Children Behind Act, 2001. It provides federal support to promote safe schools, but does not specifically address bullying and harassment in schools. There are no federal laws that directly address bullying in schools. [9] However, bullying may result in liabilities under one or more of the federal antidiscrimination laws enforced by the U.S. Department of Education`s Office of Civil Rights.
[10] Sadly, children with differences in learning and thinking are more likely to be bullied at school than other children. And bullying can have serious consequences. It can damage everything from children`s self-confidence to their studies. Fortunately, children benefit from legal protections that compel schools to act when children are bullied. Learn what cyberbullying is, how to prevent it and how to respond if you or someone you know is being cyberbullied. Example of bullying denying a child`s FAPE: A dyslexic child has an IEP and receives special reading instructions. Other children start making fun of him because his family has a low income. Bullying shames the child. As a result, he no longer comes to school and does not see the reading specialist.
The child is not bullied because of his dyslexia. But bullying disrupts his FAPE. While there is no federal law that directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. Where bullying and harassment overlap, publicly funded schools (including colleges and universities) are required to resolve the harassment. If the situation is not adequately resolved, the U.S. Department of Education`s Civil Rights Bureau and the U.S. Department of Justice`s Civil Rights Division may be able to help. 7.
In September 2011, the Chilean Congress adopted the “Law on Violence in Schools”, which amended the General Law on Education to establish clear definitions, procedures and sanctions for violence and harassment in schools. [25] Laws can vary considerably from state to state. You can check your state`s anti-bullying law on the government`s Stop Bullying website or from your state`s Department of Education. In addition, bullying includes, but is not limited to, “a written, oral or electronic communication or physical act or gesture based on real or perceived distinguishing characteristics such as race, colour, religious origin, national origin, sex, sexual orientation, gender identity or expression, socio-economic status, educational status, physical or mental appearance, physical, developmental or sensory. Disability, or by association with a person or group that exhibits one or more of these characteristics. (Connecticut Department of Education) Access our free online training course on bullying and the law.
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