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Aug 13

Understanding the Law and How it Applies to Schools

  • August 13, 2018
  • Educator Resources

One of the real challenges can be understanding what you can and cannot do to help the children you see everyday in school.  Until recent years there was not a lot of laws that could be utilized to help protect the kids from bullying.

In the U.S bullying laws have been passed in all 50 states and in the District of Columbia.  These laws prohibit bullying in school settings, provide legal recourse for the victims in school and impose duties on schools regarding the development and implementation of ant-bullying policies.  All of those states also have statutes covering cyberbullying as well except Alaska.  While there are no federal laws directly covering bullying and cyberbullying they can often be covered by federal civil rights laws governing discrimination for race, ethnic origin, gender, and sexual orientation.

The real challenge for schools and universities in trying to address the cyberbullying problem is that the behavior often takes place off school property in the online world.  Harassment occurs through email, social media postings, texts and websites.  When schools try to challenge and enforce discipline the bullies challenge the punishment under the guise of free speech and claim that the school cannot prohibit this.  Since there are so many nuances to the issues teachers and administrators should get to know their specific state’s anti-bullying laws including the parts that address cyberbullying.  As an educator you can familiarize yourself with the state’s board of education polices and the sections that discuss the prevention of cyberbullying.

Find out more about the laws in your area

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