What State Does Not Have anti Bullying Laws

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Ultimately, the goal of the state`s anti-bullying laws was not and is not to actually prevent bullying. Instead, as Education Minister Arne Duncan wrote in a 2010 memo to governors and public school officials, anti-bullying laws and policies serve to “send the message that all incidents of bullying must be dealt with promptly and effectively, and such behaviour will not be tolerated.” In other words, the purpose of anti-bullying laws is to show that legislators recognize bullying as something that needs to be addressed, but laws do not and cannot serve as a mechanism to actually combat behavior. Instead, as Secretary Duncan wrote, “Schools and districts should keep in mind, when responding to incidents of bullying, that maintaining a safe and equitable learning environment for all students, including victims and perpetrators of bullying, often requires a more holistic approach.” (For more examples and information about federal law, see this U.S. Department of Education PDF guide to bullying.) The state currently has a policy, but no law, that anti-bullying advocates say is necessary to take real action at the local level. Most states had enacted anti-bullying laws in 2010, motivated by high-profile incidents and new research into the potential for lifelong impact. Here is a map of Stopbullying.gov showing what is happening across the country. In Austria, laws impose a legal duty of care on teachers to ensure the safety and well-being of their students. Therefore, teachers have a professional and moral obligation to intervene in bullying episodes. [27] In 2013, when Congress was considering an iteration of the Safe Schools Act, a bill that would add bullying prevention regulations to the Elementary-Secondary Education Act (ESEA), my colleague and I wrote about the precedent that Congress should help unify different definitions of behavior. Just as all states currently have different laws against child abuse, in 1973 all states had different laws against child abuse.

It took the passage of the Child Maltreatment Prevention and Treatment Act (CAPTA) to establish a federal definition of child maltreatment and provide the monitoring, resources and tools needed to effectively address the problem. All states have different criminal laws that may apply to bullying behavior depending on the nature of the offense. For example, if someone physically injures another person, personal injury laws may apply. All states also have criminal harassment and/or harassment laws, and most include explicit reference to electronic forms. States with a “YES” in this column are those that explicitly include electronic forms of harassment. Example of bullying because of a child`s disability: A child with dyslexia does not have an IEP or a 504 plan. But when she reads in class, she does so slowly and with difficulty. Other children laugh at them and call them by name. As a result, she withdraws and tries to avoid situations where she has to read. This creates a “hostile environment” for the child at school.

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. The differences in how federal laws can protect your child can be confusing. It boils down to two key situations: The U.S. Department of Education has repeatedly stated in its guidelines to educators that failing to address bullying or harassment of students on grounds such as sexual orientation, gender identity, race, or ethnicity could be a violation of federal civil rights laws. Anti-bullying advocates say state laws give districts clear mandates and political cover when they pass local policies that help protect all students.

Montana will lose its status as the only bright green form on this map if it becomes one of the representatives Kimberly Dudik, a Democrat. This bill, which has been amended several times since its initial proposal, is on Friday`s agenda of the Senate Education Committee. Although all 50 states now have laws and the Senate is considering one of its own, the battle is far from over. In fact, it has only just begun. What exactly should a school do to prevent or stop bullying? There is no one-size-fits-all solution or simple solution to stop and prevent bullying. But there are some best practices. These include: In some cases, bullying due to disability can also lead to FAPE rejection. When this happens, the school doesn`t just have to stop bullying.

It must also convene an IAP or 504 Plan meeting to discuss the impact of services. According to the Cyberbullying Research Center, about 20 percent of children between the ages of 11 and 18 have been cyberbullied. Cyberbullying is defined as “intentional and repeated harm caused by the use of computers, mobile phones and other electronic devices.” [21] Cyberbullying can happen 24 hours a day, seven days a week. [22] It`s also crucial to document the impact on your child. For example, is your child reluctant to go to school because of bullying? Does your child feel more emotional and less attentive? Help the school understand how bullying affects your child`s education so they are forced to act. In this case, a school should look at the definition and examples of bullying in their state`s anti-bullying law. In general, state laws have broad definitions that cover many types of aggressive and unwanted behavior. So you can`t agree with the school if something is bullying. If this happens, tell the school in writing why you disagree. As states enter their legislatures, many are considering revising or refining their anti-bullying policies to consider possible consequences, definitions, and efforts to track incidents of bullying. Every state has an anti-bullying law that can help stop bullying immediately. Children who are bullied because of their disability are afforded additional protection under federal law.

Remember that stopping bullying cannot come at the expense of the victim. That is, if changes are made at the school, they cannot overwhelm the child who is being bullied. For example, the school cannot place a bullied child in a more restrictive environment to limit contact with the bully. With Montana finally passing a bill, it is perhaps a happy coincidence that one of the most heated debates of the Senate Committee on Health, Labor, Education and Pensions (HELP) earlier this month, when amendments to a new ESEA reauthorization bill were discussed, was about how to deal with bullying. The debate was not about whether bullying should be included in the bill, but about the extent to which the U.S. should include bullying in the bill.