Legal and Ethical Implications of Bullying

February 19th, 2015Nick Marchi

Kimberly DeBothBrittney Moore

Dr. Maria Hernández Finch

Overview

● Indiana Anti-Bullying Law● Best Practices in Bully Prevention● Special Education Considerations● Cyberbullying● Bullying and LGBTQIA

Indiana Anti-Bullying Law

● P.L. 285-2013 (Indiana General Assembly, 2013; Office of Code Revision, 2013)○ Requires schools to develop curriculum and

standards related to identification, prevention and intervention for bullying

○ School anti-bullying plan must be research based and age appropriate

Bullying Defined

● Categories of bullying for mandated school reporting:o Physical: hurting a person’s body or possessionso Verbal: saying mean thingso Social/Relational: hurting someone’s reputation

or relationshipso Electronic or Written Communication:

cyberbullying, note writing, or bullying using any electronic devices

Bully Prevention Plan Best Practices

Special Education Considerations

● Protect rights of students with disabilities:○ Section 504 ○ IDEIA (DOE “Dear Colleague” Letter)

● Free appropriate public education (FAPE)● Bullying students with disabilities- denies FAPE● “Disability-based Harassment” ● Federal Protections

(Lhamon, 2014; Wright & Wright, 2014)

Special Education Considerations

What is the school’s responsibility?● Immediate and appropriate action● Investigate● Determine if there is a hostile environment

○ Interfere with services and activities● Steps to end bullying and improve environment● Case Conference Meeting

(Lhamon, 2014)

Cyberbullying

Methods of Cyberbullying:● E-mail, instant messaging, chat rooms, social

media sites, text messaging, web sites, and internet polling

School’s Responsibility:● School policy vs. freedom of speech● Implement effective programs based individual

need● Parent involvement- internet monitoring● Prevention- increase awareness

(Beale, 2007; Diamanduros, Downs, & Jenkins, 2008; Merrell, Gueldner, Ross, & Isava, 2008)

Bullying and LGBTQIA

National School Climate Survey (2009):● 9 out of 10 LGBT students experienced

harassment in past year ● 2/3 felt unsafe● 1/3 skipped school for safety concerns

(Greene, Britton, & Fitts, 2014)

What does it look like?

● Homophobic speecho Directo Subtle

● Taunting● Ridicule● Intimidation● Physical violence

(Greene, Britton, & Fitts, 2014; Hillard, Love, Franks, Laris, & Coyle, 2014)

Short Term Outcomes

● Reduced school attendance● Lower grades● Feeling unsafe in school● More sexual risk-taking● Substance abuse

(Greene, Britton, & Fitts, 2014; Hillard, Love, Franks, Laris, & Coyle, 2014)

Long Term Outcomes

● STIs● Depression● Anxiety● PTSD● Suicide● Low self-esteem● Less life satisfaction

(Greene, Britton, & Fitts, 2014; Hillard, Love, Franks, Laris, & Coyle, 2014)

Supporting LGBTQIA Students

● Schoolso Respect privacy/confidentialityo Policies o Counseling o Advocacy Groups – Gay-Straight Allianceso Openly discuss bullying!

● Communityo Support groupso Awareness events

(United States Department of Health and Human Services, n.d.)

Helping LGBTQIA Students in Crisis● The Trevor Project

o http://www.thetrevorproject.org/● Gay-Straight Alliance Network

o http://www.gsanetwork.org/● CDC Website

o http://www.cdc.gov/lgbthealth/youth-resources.htm

References Beale, A. V., & Hall, K. R. (2007). Cyberbullying: What School Administrators (And Parents) Can Do. Clearing house: A journal of educational strategies, issues and ideas, 81(1), 8-12.

Diamanduros, T., Downs, E., & Jenkins, S. J. (2008). The role of school psychologists in the assessment, prevention, and intervention of cyberbullying. Psychology in the Schools, 45 (8), 693-704.

Greene, D. C., Britton, P. J., & Fitts, B. (2014). Long-Term Outcomes of Lesbian, Gay, Bisexual, and Transgender Recalled School Victimization. Journal Of Counseling & Development, 92(4), 406-417.

Hillard, P., Love, L., Franks, H. M., Laris, B. A., & Coyle, K. K. (2014). 'They Were Only Joking': Efforts to Decrease LGBTQ Bullying and Harassment in Seattle Public Schools. Journal Of School Health, 84(1), 1-9.

Indiana Department of Education. (2015). Bullying defined. Retrieved from: http://www.doe.in.gov/student-services/bullying-prevention-intervention-indiana

Indiana General Assembly (2013). House enrolled act no. 1423. First Regular Session 118th General Assembly. Retrieved from: http://www.in.gov/legislative/bills/2013/PDF/HE/ HE1423.1.pdf

References continuedLhamon, C. E. (2014). Dear colleague letter on bullying of students with disabilities. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf

Merrell, K.W., Gueldner, B.A., Ross, S.W., & Isava, D.M. (2008). How effective are school bullying intervention programs? A meta-analysis of intervention research. School Psychology Quarterly, 23(1), 26-42.

Office of Code Revision (2013). IC 5-2-10.1. Retrieved from http://www.in.gov/legislative/ic/ code/title5/ar2/ch10.1.html#IC5-2-10.1-12

Rose, C. A. & Monda-Amaya (2011). Bullying and victimization among students with disabilities: Effective strategies for classroom teachers. Intervention in School and Clinic. doi: 10.1177/1053451211430119

United States Department of Health and Human Services (n.d.). Bullying and LGBT youth. Retrieved from: http://www.stopbullying.gov/at-risk/groups/lgbt/

Wright, P. W. D. & Wright, P. D. (2014). Discrimination: Section 504 and ADA. Retrieved from: http://www.wrightslaw.com/info/sec504.index.htm