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The Law

Writer's picture: Rylee RueggerRylee Ruegger

Updated: Jul 20, 2020

Many people don't realize that there are many bullying laws placed in states. In fact, Georgia was the first place to take action to these laws. When I attended IBPA International Bullying Prevention Conference one of the workshops I attended was the law and policies classes. I wanted to share some information I learned that is super important to know!


POLICIES

Many schools have policies that address bullying situations since that is typically where it all begins. These policies helps students have a safe place to go to, but also help them address the bully in the safest and quickest way possible.Some policies will have ore then others for example, some will provide support for those who have been bullied. Some guidelines for disciplining those with bullying behavior, and providing education for parents, educators and students. Ask your school their polices since every school will be different!


STATE LAWS

It is very important that you know your state law so that if the situation is severe you can handle it in the best way possible.

There are 11 keys components of a state bullying prevention law..

  1. Purpose statement

  2. Statement of scope

  3. Specification of prohibited conduct (i.e. definition of bullying)

  4. Enumeration of specific characteristics (i.e. explains that bullying MAY include harassment of students based on actual or perceived characteristics that have historically been targets of bullying)

  5. Development and implementation of local education agencies’ (i.e. schools districts) policies

  6. Components of school policies:

    • Definition

    • Reporting bullying

    • Investigating and responding to bullying

    • Written records

    • Sanctions

    • Referrals

7.Review of local policies

8.Communication plan

9.Training and preventive education

10.Transparency and monitoring

11.Training and preventive educational recourse


FEDERAL LAWS

There are no true federal laws that are directly for bullying but some cases will match up with discriminatory harassment. If your situation overlaps with discriminatory harassment you could reach out to Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division to help you.


If your school fails to respond to the harassment a protected class may be violating one or more civil rights laws enforced by the Department of Education and the Department of Justice, including:

  • Title IV and Title VI of the Civil Rights Act of 1964

  • Title IX of the Education Amendments of 1972

  • Section 504 of the Rehabilitation Act of 1973

  • Titles II and III of the Americans with Disabilities Act

  • Individuals with Disabilities Education Act (IDEA)

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