Southern Choctaw Elementary
~A Leader In Me School~
Leadership on the Reservation
&
ABZ (Anti-Bully Zone)
Policies & Laws.
State and local lawmakers have taken action to prevent bullying and protect children. Through laws (in their state education codes and elsewhere) and model policies (that provide guidance to districts and schools), each state addresses bullying differently. Find out how your state refers to bullying in its laws and what they require on part of schools and districts.
Bullying, cyberbullying, and related behaviors may be addressed in a single law or may be addressed in multiple laws. In some cases, bullying appears in the criminal code of a state that may apply to juveniles.
In December 2010, the U.S. Department of Education reviewed state laws and identified 11 key components common among many of those laws.
Interactive map showing U.S. states and laws
(click for link)
What should a school do to resolve a harassment complaint?
Appropriate responses will depend on the facts of each case. School must be an active participant in responding to harassment and should take reasonable steps when crafting remedies to minimize burdens on the targeted students.
What if the harassment continues?
If harassment persists, consider filing a formal grievance with the district and contacting the U.S. Department of Education’s Office for Civil Rights and from the U.S. Department of Justice’s Civil Rights Division.
Federal Bullying Law. Although no federal law directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. When bullying and harassment overlap, federally-funded schools (including colleges and universities) have an obligation to resolve the harassment. When the situation is not adequately resolved, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may be able to help..
No matter what label is used (e.g., bullying, hazing, teasing), schools are obligated by these laws to address conduct that is:
>Severe, pervasive or persistent
>Creates a hostile environment at school. That is, it is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school
>Based on a student’s race, color, national origin, sex, disability, or religion*
What are a school’s obligations regarding harassment based on protected classes?
Anyone can report harassing conduct to a school. When a school receives a complaint they must take certain steps to investigate and resolve the situation.
Kids bullying others that they perceive as “different” is nothing new—from America to Iran, children are targets for harassment based on their immigration history, ethnicity, and race. Ask any child whose mother is American and father is Iranian.Whatever is a characteristic that’s different, that’s a minority. Those are the characteristics that are going to be made fun of and known as the odd or the weird because it’s different. Students of minority (or less common) races or ethnicity's within school buildings are more likely than majority students to be bullied, especially based on their race or ethnicity.Children who feel like outcasts based on their heritage often feel hurt and angry, which could lead to behavioral problems down the line—and they need advocates for their protection and well being. Take a stand to eliminate hate-based bullying, and you can have a positive impact on not only these students, but also on the levels of acceptance of students in general.
