School Bullying

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School Bullying
Those who can, do. Those who cant, bully. A page
from Bully Online, web site of the UK National
Workplace Bullying Advice Line
Lynda A. CapuzziSchool LawEDU 8656April 3, 2006
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School Bullying

• What is bullying?
• Cases
• Laws
• Case Law
• Opinions
• Resources for Teachers and Parents

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School Bullying

• What is Bullying?
• Researchers accept generally that bullying
  contains three essential elements (1) the
  behavior is aggressive and negative (2) the
  behavior is carried out repeatedly and (3) the
  behavior occurs in a relationship where there is
  an imbalance of power between the parties
  involved.
• Obsessive/compulsive behavior
• Locations

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School Bullying

• Begins in elementary, heightens in 6th through
  8th , tapers in high school
• 30 (5.7 million) in 6th through 10th are
  involved in moderate or frequent bullying
• Harrassment through terrorism
• Buses, bathrooms and school yard
• Boys vs. girls
• http//youthviolence.edschool.virginia.edu/violenc
  e-in-schools/national-statistics.html

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School Bullying

• Part of growing up/rite of passage?
• Cases
• http//www.jaredstory.com/ (1985-1998)
• http//www.ryanpatrickhalligan.com/index.html
  (1990-2003)
• Bully Prevention Bill H.629/ACT 117, Passed 130-9
  in the Vermont House on 4/27/04
  http//www.ryanpatrickhalligan.com/images/BillH629
  HEDComPassedVersion042204.htm
• Dylan Theno Federal Jury awards 250,000

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School Bullying

• Laws
• TennesseeHB 2114/SB 1621Requires each Local
  Education Agency (LEA) to adopt a policy that
  prohibits harassment, intimidation, or bullying
  and to forward a copy of the policy to the
  commissioner of education by January 1, 2006
  encourages school employees, volunteers, and
  students to report incidents of harassment,
  intimidation or bullying to the appropriate
  school authorities provides school employee who
  promptly report an incident of harassment,
  intimidation, or bullying immunity against any
  suit based upon the reporting employee's failure
  to remedy the reported act and encourages school
  districts to form harassment, intimidation or
  bullying prevention programs and task forces.
• VirginiaHB 2266Directs the Board of Education
  to include bullying in its standards for school
  board policies on student conduct and requires
  school boards to include (i) instruction on the
  inappropriateness of bullying in their character
  education programs and (ii) bullying provisions
  in their student conduct codes. In addition, the
  measure requires the reporting of incidents of
  stalking to principals and division
  superintendents. Finally, except as may be
  prohibited by federal law, regulation, or
  jurisprudence, principals must report certain
  violent acts, stalking, and other conduct to
  parents of the minor student who is the target of
  the conduct included in this report is
  disclosure that the incident has been reported to
  law enforcement, and that the parent may contact
  law enforcement for further information. This
  bill is identical to HB 2879 (Marshall, R.G.).
• HB 2267Civil immunity school employees or
  volunteers reporting alleged acts of bullying or
  crimes. Immunizes school employees or volunteers
  from civil liability for the prompt good faith
  reporting to the appropriate school official, in
  compliance with specified procedures, of any
  alleged acts of bullying or any crimes.

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School Bullying

• Lansing, Michigan, March 28, 2006 ... pro-child
  activists will be lobbying for passage of House
  Bill 5616 and Senate Bill 92, collectively known
  as "Matt's Safe School Law." The proposed law was
  named after Matt Epling, a fourteen-year-old
  straight student who killed himself after a
  hazing incident in East Lansing
• Supported by the Govenor
• All inclusive anti-bullying poloicy that would
  include protection for sexual orientation and
  gender identy.

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School Bullying

• 109th US Congress (2005-2006)
• Introduced 1/6/2005
• Amends the Safe and Drug-Free Schools and
  Communities Act to (1) include bullying and
  harrassment under the definition of violence and
  (2) provide for programs to address and prevent
  bullying and harrassment.
• Last action Feb 9, 2005 Referred to the
  Subcommittee on Education Reform

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School Bullying

• Case Law US Court of Appeals for the Third
  Circuit

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School Bullying

• Opinions???

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School Bullying

• Resources for Schools and Parents
• http//www.thewoundedchild.org/links.html
• http//members.aol.com/kthynoll/schools.htm
• http//www.bullyonline.org/schoolbully/index.htm