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School bullying law

From lawbrain.com

Some jurisdictions define school bullying as the severe or repeated use by one or more students of a written, verbal, or physical act or gesture, or any combination thereof, directed at another student.[1]

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Contents

Overview

School bullying is traditionally defined as an intentional act that causes harm to others, and may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion such as manipulation, blackmail, or extortion. [2]

History of State Regulation Over School Bullying

Historically, states have incrementally adopted legislation regulating school bullying misconduct.

Laws and regulations governing bullying vary upon jurisdiction and entity. As of March 2007, 30 states have enacted harassment, intimidation and bullying statutes. In 2007, Iowa enacted anti-harassment and anti-bullying legislation. During the 2005-2006 legislative sessions, eleven states - Alaska, Arizona, Idaho, Indiana, Maine, Maryland, Missouri, Ohio, South Carolina, Tennessee and Virginia - enacted new policies, and four states - Arkansas, Connecticut, Illinois and Vermont - amended or expanded statutes. [3]

Massachusetts passed Senate Bill 2323, which defines bullying as is the severe or repeated use by one or more students of a written, verbal, or physical act or gesture, or any combination thereof, directed at another student that has the effect of: (i) causing physical or emotional harm to the other student or damage to the other student’s property; (ii) placing the other student in reasonable fear of harm to himself or of damage to his property; (iii) creating a hostile environment at school for the other student; (iv) infringing on the rights of the other student at school; or (v) materially and substantially disrupting the education process or the orderly operation of a school.[4]

State Anti-bullying Statutes

Several states have enacted statutes that prohibit school bullying.[5]

California Cal. Ed Code § 35294.2 (2001)

Colorado Colo. Public Act No. 02-119 (2002)

Connecticut Ct. Public Act No. 02-119 (2002)

Georgia Ga. Code Ann. § 20-2-751.4 (2001)

Illinois ILCS § 105 5/10-20.14

Louisiana La. R.S. 17 § 416.13 (2001)

New Hampshire N.H. RSA 193-F (2000)

New Jersey N.J.S.A. 18A:37-13-18 (2002)

New York NY CLS Educ § 2801-a (2002)

Oklahoma Ok Stat. 70 § 24-100.2 (2002)

Oregon Ore. Laws 617 (2001)

Rhode Island R.I. Gen, Laws § 16-21-24 (2001)

Vermont V.S.A. 16 § 565 (2001)

Washington RCW 28A.300.285 (2002)

West Virginia W.Va. Code Ann. § 18-2C-1 (2001)

Lawsuits Regarding School Bullying

Alise Williams filed a $10 million wrongful death civil lawsuit against York county school and law enforcement officials after her son, Christian Taylor, committed suicide at home. The complaint alleges that school division employees failed to protect Taylor who was "habitually harassed and verbally abused, insulted, threatened, and bullied by other students."[6]

References

  1. http://www.mass.gov/legis/bills/senate/186/st02/st02323.htm
  2. http://definitions.uslegal.com/b/bullying/
  3. http://definitions.uslegal.com/b/bullying/
  4. http://www.mass.gov/legis/bills/senate/186/st02/st02323.htm
  5. http://www.stopbullyingnow.hrsa.gov/hhs_psa/pdfs/sbn_tip_6.pdf
  6. http://www.dailypress.com/news/york-county/dp-nws-suicide-lawsuit-20100805,0,730236.story

External Links

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