Face-to-Face Bullying in Schools: Reviewing Current Policies and Advocating Change

Purpose

This study identifies and discusses called for changes in policies affecting bullying in schools. Data in support of policy changes are culled from a review legal journals on the current state of  bullying and the law. Face-to-face bullying taking place on or near school grounds is considered a national problem. Currently, every state has an anti-bullying law that requires schools to post anti-bullying policies and to respond to and report bullying incidents. Enforcement of Federal laws that protect civil rights, Title IX of Education Amendments Act, the right to an education of the Individuals with Disabilities Education Act (IDEA), and equal protection under the law of the 14^th Constitutional Amendment is based on remedies and have largely been ineffective because most lawsuits fail (Culhane, 2013). Commercial anti-bullying programs in schools have had limited success in long-term prevention (Merrell, Gueldner, Ross & Isava, 2008 ). The lack of effective prevention strategies have left our most vulnerable children without adequate protection.  

Background

Statistics on school bullying show that between 1 in 4 and 1 in 3 students have been bullied in school in the US (National Center for Educational Statistics, 2011). For children in special categories such as LGBT youth, youth with disabilities, youth from different religious or ethnic background from most students  in a school, non-conformity gender youth and youth with special needs the number are higher (Higdon, 2011; US Department of Health and Human Services, 2016). Additionally, children who are bullied are more likely to feel unsafe in school, that they do not belong in school, and demonstrate lower achievement levels than children not subjected to bullying (Gwen, 2005).     

Method

A review of 25 Law Journal articles yielded findings pertaining to policy changes for protecting children from bullying. Changes are identified and discussed with special attention to the social work role implementation and advocacy.  

Results  

The following policy and implementation changes are identified:  

1. Stricter enforcement of existing rules of reporting incidents of bullying. One author suggests a Congressional Act requiring reporting. Insufficient reporting of incidents is viewed as inadequate (Culhane, 2013; Pierce, 2012).

2. Lowering the standards for successful law suits based on Federal and State law protections. Currently it is difficult to win remedies in courts (Culhane, 2013; Kosse & Wright, 2005).  

3. Declaring bullying in schools a public health problem in order to attract increased funding for education of school personnel and students (Culhane, 2013). 

Implications

Bullying laws vary by states, but norms for tolerance should be consistent. Social workers should be encouraged to learn the laws in their localities and advocate for strict implementation. They can also advocate, with support from their local communities and professional organizations, for stricter laws that ensure the right to an education for all youth without fear of being