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Bullying and the Law

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Cyberbullying and State Laws

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Explanation: Many states have laws specifically addressing cyberbullying, defining it and specifying consequences. Effect on School Policy: Schools must update their bullying policies to include measures against cyberbullying, often including education about online behavior and reporting mechanisms.

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Dignity for All Students Act (New York)

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Explanation: This New York State law seeks to provide students with a safe and supportive environment free from discrimination, harassment, and bullying. Effect on School Policy: New York schools must have policies that include prevention, reporting, and response strategies specifically addressing the protection of students from bullying.

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Restorative Justice Approaches

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Explanation: Restorative justice in schools focuses on repairing harm and restoring relationships, rather than solely punishing offenders. Effect on School Policy: Schools may adopt restorative practices as part of their response to bullying, facilitating meetings between offenders and victims to address harm and promote healing.

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Confidentiality Laws

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Explanation: Various laws protect the privacy of students, which includes maintaining confidentiality in bullying reports and investigations. Effect on School Policy: Schools must develop procedures that ensure the confidentiality of those involved in bullying incidents, complying with laws like FERPA.

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The Safe and Drug-Free Schools and Communities Act (SDFSCA)

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Explanation: SDFSCA is a federal law that provides funding to schools to promote safety and drug-free environments, which includes anti-bullying programs. Effect on School Policy: Schools must develop and implement policies that prevent bullying, harassment, and intimidation to comply with SDFSCA requirements.

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Title IX of the Education Amendments of 1972

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Explanation: Title IX prohibits discrimination on the basis of sex in any education program receiving federal funding, which includes protection from sex-based bullying and harassment. Effect on School Policy: Schools must create and enforce policies that prevent and address complaints of sexual harassment and bullying to ensure compliance with Title IX.

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The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

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Explanation: This federal law expands the ability to prosecute hate crimes, which may include severe cases of bullying based on race, religion, sexual orientation, or disability. Effect on School Policy: Schools may need to explicitly state in their policies that hate crimes will be reported and that students will be educated about the impact of hate and intolerance.

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Parental Notification Laws

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Explanation: Laws may require schools to notify the parents of bullying victims and perpetrators about incidents and actions taken. Effect on School Policy: Schools must have guidelines determining how and when parents are notified about bullying incidents, ensuring proper communication while respecting privacy and sensitivity.

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Reporting Requirements for Bullying

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Explanation: Federal and state laws often require schools to document instances of bullying and report them to the appropriate authorities or state departments. Effect on School Policy: Schools need to have clear procedures for the reporting, recording, and timely response to bullying incidents to comply with these requirements.

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Model Anti-Bullying Policy

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Explanation: Many states provide a model policy for schools to adapt and implement to prevent and address bullying and harassment. Effect on School Policy: Schools should review and adopt the components of the model anti-bullying policy provided by the state to ensure they meet legal requirements and best practices for protecting students.

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The Every Student Succeeds Act (ESSA)

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Explanation: ESSA requires schools to develop plans that ensure conditions for student learning, which includes efforts to reduce bullying and harassment. Effect on School Policy: Schools must integrate anti-bullying strategies into their learning condition improvement plans and may use Title IV funds to support these activities.

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Disability Harassment under Section 504 and Title II

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Explanation: Section 504 and Title II prohibit harassment of students based on disabilities within federally funded schools. Effect on School Policy: Schools must develop and enforce policies that protect students with disabilities from harassment, and failure to do so can result in a loss of federal funding.

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Criminal Consequences of Bullying

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Explanation: In some jurisdictions, severe bullying can lead to criminal charges against the perpetrators, especially in cases of physical harm or threats. Effect on School Policy: Schools must be aware of when bullying escalates to a criminal level and have protocols for involving law enforcement when necessary.

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Student Non-Discrimination Act

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Explanation: This proposed federal legislation aims to protect students from discrimination based on sexual orientation and gender identity. Effect on School Policy: If passed, schools would need to explicitly include measures against bullying LGBTQ+ students in their anti-bullying policies and procedures.

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Bullying Prevention Programs

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Explanation: Evidence-based bullying prevention programs are recognized in various laws as essential for creating a safe school climate. Effect on School Policy: Schools are often required to implement bullying prevention programs and may seek federal funding or state guidance, to oversee effective program adoption.

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Suicide Prevention Policies

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Explanation: As bullying can be linked to suicidal ideation, schools are required to have suicide prevention policies that include strategies to address bullying. Effect on School Policy: Schools must train staff in suicide prevention and integrate anti-bullying measures into their suicide prevention strategies.

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State Anti-Bullying Laws

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Explanation: Each U.S. state has different laws pertaining to bullying, including the requirement for schools to have anti-bullying policies. Effect on School Policy: Schools must ensure their anti-bullying policies align with specific state laws and regulations, which may vary in terms of definitions and required responses.

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Zero Tolerance Policies

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Explanation: Zero tolerance policies mandate strict consequences, often suspension or expulsion, for certain infractions, which may include bullying. Effect on School Policy: Schools with zero tolerance policies must clearly delineate what constitutes bullying and the automatic consequences, while considering the criticism over potential unfairness and lack of flexibility.

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Individuals with Disabilities Education Act (IDEA)

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Explanation: IDEA provides children with disabilities the right to a free and appropriate public education, which includes a safe environment free from bullying. Effect on School Policy: Schools must ensure that students with disabilities are not bullied and that such incidents do not interfere with their right to education, necessitating strong anti-bullying policies.

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Anti-Bullying Policies in Schools

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Explanation: Most states require schools to have a clear anti-bullying policy that outlines prohibited behaviors and consequences. Effect on School Policy: Schools must develop comprehensive anti-bullying policies that are regularly reviewed and communicated to students, staff, and parents.

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