The Controversy over Anti Bullying Legislation

Reference & Education

  • Author Mandy Jane Clarke
  • Published May 27, 2011
  • Word count 521

A few years ago, the New York State Legislature passed a law called the Safe Schools Against Violence in Education Act. This requires all school districts to initiate a code of conduct in conjunction with teachers, administrators, and parents associations. It outlines that teachers will be able to remove disruptive students from class, and that principals could suspend these students for up to five days including possible expulsion.

The problem with this particular law is that no anti bullying clause is mentioned or outlined. While the primary reason is that educators felt the Act includes all means of improper behavior including violence, others reject the notion by claiming there are no studies indicating that bullying can be controlled under this type of legislation.

In other states, however, debates are ongoing in deciding whether to have an anti-bullying program funded by the government, or to enforce a strict zero tolerance policy in the schools. Some states have passed anti bullying laws. For example, one state requires each of its districts to adopt policies against harassment, intimidation, and bullying. Another state has adopted a zero tolerance policy which proposes suspension, expulsion, or in case of two-time offenders, removing them to alternative schools.

While this is certainly a step forward, the educational system is not geared to handle trouble makers or those who carry out bullying tactics on a daily basis. In New York, for example, students who are removed from one school are sent to another school in an "in house" detention setting. The problem is this: If School A remands a student to School B; School B remands a student to School A. This occurs within the same district and one student may have

a worse record than the other. It certainly is a vicious cycle. In House detention centers do not always have teachers who can physically deal with some students, and there’s the rub. With only two security guards in middle schools and up to six in high schools (depending upon the total number of students), it is clear that another alternative should be incorporated as part of the School Safety Program.

While every school may deal with bullying in a different manner, there is no clear cut uniform measure being utilized to counter bullying. Moreover, anti bullying legislation needs to be enacted throughout the US so that every school is aware of what must be done and abide by the anti bullying laws regardless of district or location. This brings up another issue. Those who are against anti bullying legislation feel that every case will be handled in the same manner, thus the children will suffer severe consequences whether or not they are deemed culpable. Moreover, school districts feel they should be able to dictate the rules and regulations regarding anti bullying procedures and that mandated legislation can replace administrative rules, which will only encumber principals and teachers.

Perhaps opponents of anti bullying legislation should be reminded that bullying leads to violence, and in the end it is the kids who cannot defend themselves against vicious attacks, and need protection which can only be mandated by the state.

By Mandy-Jane Clarke

For more tips and resources on anti bullying legislation visit Stop-Bullies.com

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