Information for parents and other caregivers to determine if their child is being bullied, with tips and suggestions on how to respond effectively. If a bullied child has a disability, the child may have legal protection against school discipline. This does not excuse the school from stopping bullying. However, these safeguards are intended to understand why the behaviour occurs and prevent it in the future. This article identifies the conceptual challenges that bullying poses to legal and policy efforts, reviews judicial and legislative efforts to reduce bullying, and makes recommendations for school policy. Traditionally, bullying has not been considered a criminal act and has been ignored or sanctioned in schools. Arguably, all states have criminal laws that can be applied to certain bullying behaviours, for example, where bullying constitutes assault and assault. Therefore, a person who engages in cyberbullying and suggests that a depressed student should commit suicide would be liable if the student actually kills himself, provided that the person who committed the cyberbullying has reason to believe that this was a likely outcome. Regardless of who may be held accountable, parents should talk to their children about cyberbullying so that they are aware of the serious repercussions it can cause. Bullying results in long-term psychological damage to the victim, or the victim may commit suicide as a result of the harassment. Bullying therefore has several serious consequences that are not always easy and immediately apparent. When schools have to investigate bullying, it`s a difficult area.
The law states that if the school is aware of the bullying, it must act. But what if there is no formal complaint? Subsequent cases show how the courts upheld the decision in Davis v. Monroe on bullying. In Shore Regional High School Board of Education v.P.S. Forty-One (2004), the Third District concluded that the school district`s failure to stop bullying may constitute a denial of a student`s right to FAPE under IDEA. In this case, a boy was verbally and physically bullied because of his perceived “feminine” appearance and was insulted with names like “gay” and “.” The boy was deemed suitable for special education services due to an emotional disorder due to bullying. After the boy attempted suicide in eighth grade, his parents were unwilling to send him to the local high school with the same students who had bullied him in elementary and middle school. School authorities initially refused to transfer the boy, but the parents successfully argued in court that he could go to another secondary school.
Basics of cyberbullying, which uses cell phones and internet technology to intimidate others, and its treatment as a crime in many states. D. Any of the above. In addition to supporting your child, it`s important to develop a strategy on how to involve others. Document events and keep a record, as this is helpful when talking to school educators or others who may need to help parents intervene against bullying. Check your school`s policies, as this may include designated reporting staff. 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. Use with permission: mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law The criminalization of bullying raises several concerns. First, the concept of bullying may be too broad and subjective to be properly applied in the criminal justice system, particularly because it involves the behaviours of a large portion of the population. A second concern is that the criminalization of school misconduct leads to higher rates of dropping out, dropping out and dropping out of school, and ultimately involvement in juvenile justice. There is an urgent need for schools to advise on effective prevention and intervention services. School boards are inundated with programs and services (such as motivational speakers, inspirational videos, guides and curriculum) that claim to reduce bullying, but have no scientific evidence of its effectiveness. Research is needed to determine the effectiveness of these programs. Meanwhile, a large body of research is already documenting the effectiveness of school programs in reducing student aggression and disruptive behaviour.
School officials, such as teachers and principals, have a responsibility to maintain a safe atmosphere for their students. When bullying occurs on school grounds, there are many different parties that can potentially be held liable, including: List of state laws relating to bullying and similar offenses, including code sections, legal definitions of bullying, and an overview of how states deal with the issue. It is particularly important for educators that these laws protect students from discrimination that deprives them of their right to free and adequate public education (FAPE), a concept set out in the Education of All Disabled Children Act 1975 and revised in the Disabled Persons Education Act (IDEA) 1990.
