Bulling in the Public Schools and the Laws that Protect Students and Teachers - Essay Example

Running Head: Bullying and Legislation [other details to be filled up by the EXECUTIVE SUMMARY In this paper, bullying and myths are first presented. The problem in focus is bullying, and such myths have perpetrated the problem instead of solving them. Such myths persist because of people not really knowing the research findings. Two case studies of bullied victims are included in order to intensify the claim that bullying is a problem, and its negative consequences could last as long as life. With things put into perspective, two frameworks on making anti-bullying laws are presented, since they are reasonable and research based. Existing legislations often are no clear to people so that inappropriate applications tend to favor the bully. It became apparent that educators, parents, and school administrators should always be in contact with professional lawyers and other legal experts in order to exploit the law in the effort to curb bullying. Introduction According to Besag (1989): Bullying is repeated attacks - physical, psychological, social or verbal - by those in a position of power, which is formally or situational defined, on those who are powerless to resist, with the intention of causing distress for their own gain or gratification. (p. 4, as cited in Ma & Mah, 2001) Bullying is a problem that any child, especially those with disabilities, will have to deal with. Parents and teachers alike are also faced with the problems of providing children with a safe, secure environment by which they can learn. Without such protection, the child may suffer lifelong social disabilities and perpetually low self-esteem. People at the US Department of Education have committed themselves to fighting bullying, even though they admit that the government cannot do everything in this effort. (Price, 2004) As far as the public is concerned, how can they be protected from the harmful effects of bullying In particular, what are the legal remedies by which students and teachers could invoke in order to have meaningful learning at school This paper will attempt to answer these questions, although there are far more complex issues out there that only qualified lawyers can adequately answer. Still, the public has the right to be informed as much as possible. Two Case Studies of Bullying The following are stories of two victims of bullies: ("Case Studies," 2008) Case 1: MY name is Katelyn Weinert and earlier this year I was bitten on the arm by another student at high school.The school suggested I move away from my group of friends and find somewhere else to "hang out" to lessen the chances of this student and I coming into contact with each otherThis boy doesn't just contain his harassment to school either. My mum has witnessed him approaching me on a number of occasions in public harassing me. Case 2: MYfirst few years of high school were torture. If it wasn't bad enough being new to the school certain people went out of their way to make it worse. There were a few people who used to write nasty notes, follow us home and make prank calls. This one particular bully used to harass my younger sister who was 10 at the time. It only happened when I was not there. It wasn't long until she started with me These days I look back and wish I could have ignored the harassment, but during school that's when you're trying to find yourself, and it's little things like that that can affect us in adult life. The cases cited above should be an eye opener to legislators, educators, and students of education that bullying could victimize practically anyone. The frustrations expressed by the two victims should obligate authorities to tackle this problem seriously. But first things first, facts about bullying should be set straight. Myths about bullying must be deconstructed as shown in the next section. Myths about Bullying According to psychologist Dan Olweus, there are ten myths about bullying. To the degree that these are not addressed, the problems and negative consequences of bullying will not cease. They are as follows (Starr, 2000): 1. Bullies are said to suffer from low self-esteem. But research indicates that bullies have high self-esteem. Other factors that contribute to this behavior are that the victims have low self-esteem; the bullies have aggressive personalities, and other issues. 2. Bullies are said to be seeking attention. However, in reality, it is not simple as ignoring them. Bullying gets worse if not addressed by authorities. 3. Bullying is thought of as a natural part of childhood. But reality belies this statement. Research indicates that a majority of middle school bullies will do at least one criminal activity as adults. 4. Bullies target those with differences. However, individual differences do not count here. The victim is unable to retaliate. 5. Victims are encouraged to fight for their dignity. But this is actually not possible since the victims are usually weaker physically and probably socially inept. 6. Bullying persists in large classes or school. But this is not entirely true. Actually, research says that no correlation exists between school size and bullying. 7. Most bullying happens outside school premises. However, the opposite is the case. Most bullies do their antisocial behavior in the school. 8. Bullying affects only a small number of students. But about of American students are victims of bullying and another are engaged in bullying. Therefore, bullying is a problem that affects many people. 9. Bullies can be disciplined by teachers since such activity can easily be detected. On the contrary, bullies do such things in the absence of teachers. In addition, they are also intimidated by bullies, even though they suspect such nasty behavior. 10. Victims are advices not to let the physical and emotion harassment affect them, as expressed by the saying "Sticks and stones may break my bones but they can never hurt me." But far from it, the victims do suffer life-long social problems. They do develop low self-esteem. As a consequence, they suffer depression, propensity to commit suicide, and mental health problems. With this insight, much of what has been assumed about bullying must really be questioned, and the public must know these things. If such myths will be allowed to proliferate, legislations against bullying will prove to be flawed. Anti-bullying Legislation Regardless of the causes of bullying, the people in the receiving end of bullying had the right for protection, students and teachers alike. With this need in mind, there were several legislations passed against bullying although these by themselves are not enough. Many states like California and Colorado have passed already legislation against bullying since 2003, and other states are following. Limber & Small (2003) have proposed the following criteria of legislation against bullying: Recommendation 1: A good anti-bullying legislation should spell out a rigorous definition of bullying based on findings of researchers. It should make clear the bullying is not the same as harassment, and the bullying shall not be viewed as motivated by any peculiarity of the victim. Recommendation 2: A good anti-bullying legislation should require every school to craft its own policies with the consultation of all possible parties concerned. Recommendation 3: A good anti-bullying legislation shall encourage policies that promote the following: crafting and implementing comprehensive programs for prevention of bullying that are based on research by qualified professionals educating school personnel about ways to deal with bullies developing of a set of appropriate punishment against bullies building of social support for victims bullies, especially by peers facilitating communication of parents of victims organizing forums seeking to give voice to bullied children researching of the status of bullying at the school level giving attention and supervision of areas where bullying usually takes place legal protection for whistle-blowers of incidents of bullying Recommendation 4: A good anti-bullying legislation shall avoid focusing on having to report bullying incidents since experience and research have shown over time that this is rarely effective. Recommendation 5: A good anti-bullying legislation should avoid and discourage the isolation of bullies in the public school setting, since these may have deleterious effects over the long run. Recommendation 6: A good anti-bullying legislation should provide appropriate funding of comprehensive programs, without which any program against bullying will not be sustainable. But other approaches should also be considered. One good alternative is the human rights approach. It posits that some treatment of children tends to violate or undermine their rights. These in turn indirectly result into bullying. Researchers following this approach found even greater potential than traditional legal approaches. (Greene, 2006) But as time goes by, effective legislation is needed whatever approach was used so that students and teachers could afford protection against bullies if such need do arise. Also, programs against bullying should really involve parents. They should know proper ways to deal with that problem, so that the child will not suffer. ("Is your child," 2005) Legal Remedies against Bullying It is important for teachers and parents to consult lawyers and other legal experts about the technicalities involved with federal and state laws on bullying. For example, there is a prevailing 10-day myth on suspensions. According to this misconception, the maximum cumulative days that an offender must be suspended is 10 days. This is not entirely true. This is only true with students with disabilities under the Individuals with Disabilities Educational Act (IDEA). But even if students have disabilities according to the definition provided by IDEA, if such students pose clear and present danger, the safety of other students must also be considered. Hence, the law does not preclude school administrators from disciplining such bullies beyond 10 days. (Zirkel, 2003) Conclusion Anyone charged with a crime cannot make ignorance of laws as an excuse. Ignorantia legis neminem excusat or ignorance of the law excuses no one. Every person is presumed to know the provisions of the law. (Clark et al, 1996) With this in mind, victims of bullies should not be afraid that the law will favor those offenders. On the part of school administrators and teachers, they ought to be informed of specific laws that will tackle and deal with problems of bullying. And they should utilize every provision of state and federal laws in favor of the victims, since bullying is an offense that should not be taken lightly. References Besag, V. E. (1989). Bullies and victims in schools. Milton Keynes, UK: Open University Press. Case studies of school bullying. (2008). Retrieved April 8, 2009, from http://www.news.com.au/adelaidenow/story/0,22606,24259489-2682,00.html Clark, W. et al. (1996). A Treatise on the law of crimes. St. Paul: Keefe- Davidson Co. Greene, M. (2006). Bullying in Schools: A Plea for Measure of Human Rights. Journal of Social Issues, 62(1), 63-79. Retrieved April 8, 2009, doi:10.1111/j.1540-4560.2006.00439.x Is Your Child Being Bullied Tips for Parents. (2005). Brown University Child & Adolescent Behavior Letter, Retrieved April 8, 2009, from Academic Search Complete database. Limber, S., & Small, M. (2003). State Laws and Policies to Address Bullying in Schools. School Psychology Review, 32(3), 445-455. Retrieved April 8, 2009, from Academic Search Complete database. Ma, X., Stewin, L., & Mah, D. (2001). Bullying in school: nature, effects and remedies. Research Papers in Education, 16(3), 247-270. Retrieved April 8, 2009, doi:10.1080/02671520110058688 Price, D. (2004). No need to fear: Ending bullying in US schools. Retrieved 5 April 2009, from http://www.oecd.org/dataoecd/27/16/33867604.pdf. Starr, L. (2000) Sticks and stones and names can hurt you. Retrieved 8 April 2009, from http://www.education-world.com/a_issues/issues102.shtml. Zirkel, P. (2003). The 10-Day Myth. American School Board Journal, 190(8), 36. Retrieved April 8, 2009, from Academic Search Complete database. Read More