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Overview
As the safety of U.S. schools has become an important public policy issue, interest in the problem of school bullying has intensified. Research indicates that this type of adolescent victimization occurs frequently, particularly in middle school grades, and can result in serious consequences for both bully and victim. In 2002, a report released by the U.S. Secret Service concluded that bullying played a significant role in many school shootings and that efforts should be made to eliminate bullying behavior. As awareness of harassment, intimidation and bullying in the school setting has grown, state legislatures have begun to address this problem. Consequently, since 2001, more than half the states have enacted legislation to combat bullying.
According to a nationally representative survey conducted by the National Institute of Child Health and Human Development (NICHD), approximately 30 percent of American schoolchildren in grades six through 10 have been bullied or have bullied other children "sometimes" or more often within a semester. Bullying generally is defined as aggressive behavior or intentional harm by an individual or group repeated over time that involves an imbalance of power. The act of bullying can take various forms, including physical, verbal and psychological acts. A study conducted in Finland found that boys who frequently are bullied are more than five times more likely to be moderately to severely depressed and four times more likely to be suicidal, while frequently bullied girls are more than three times more likely to be moderately to severely depressed and eight times more likely to be suicidal. In addition, nearly 60 percent of boys who were classified by researchers as bullies in grades six through nine were convicted of at least one crime by the age 24, at which time, 40 percent of them had three or more convictions. Research also indicates that approximately 160,000 students avoid school every day for fear of being bullied.
Cyberbullying
Ubiquitous technology has given way to cyberbullying, which now is challenging traditional schoolyard bullying. Cyberbullying is defined as cruelty to others by sending or posting harmful material using the Internet or cell phone. Cyberbullying differs from the more traditional forms of bullying in that it can occur at any time, its messages and images can be distributed instantaneously to a wide audience, and perpetrators can remain anonymous, often making them difficult to trace. Although research is scarce, studies have found that approximately 30 percent of students in grades six through eight reported they recently had been cyberbullied or had cyberbullied another person at least once. Research shows that girls are about twice as likely as boys to be victims and perpetrators of cyberbullying and that the most common method of cyberbullying is through instant messaging, followed by chat rooms, e-mails and messages posted on websites.
The Legislative Response to Bullying
State legislatures continue to articulate in statute that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Bullying, like other disruptive behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe, non threatening environment.
State policies vary widely, although many incorporate at least one, if not more, of the following components to address bullying: statement prohibiting bullying; definition of bullying; state-level support; school intervention strategies; individual reporting and immunity; public school reporting; parental rights; teacher and staff training; prevention task forces and programs; and integrated curriculum instruction.
As of March 2007, 30 states have enacted harassment, intimidation and bullying legislation. Iowa enacted anti-harassment and anti-bullying legislation during the 2007 legislative session. During the 2005-2006 legislative sessions, eleven states - Alaska, Arizona, Idaho, Indiana, Maine, Maryland, Missouri, Ohio, South Carolina, Tennessee and Virginia - enacted new policies, four states - Arkansas, Connecticut, Illinois and Vermont - amended or expanded statutes.
Utah passed a Senate Concurrent Resolution (SCR) in its 2006 legislative session encouraging concerned parents, individuals and organizations to review and assist in the adoption of policies prohibiting bullying. The state Board of Education is further requiring school districts to define and address bullying in their discipline plans in order to qualify for federal Safe and Drug-Free Schools funding.
Cyberbullying Legislation
Iowa's 2007 legislation includes "electronic" communication in its definition of harassment and bullying. The law defines "electronic" to mean any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic" includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
Idaho and South Carolina enacted legislation addressing cyberbulling during 2006 legislative session. Idaho declares that acts of harassment, intimidation or bullying can be committed through "the use of a land line, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network." South Carolina includes the use of "electronic communication" in its definition of harassment, intimidation and bullying. Utah's SCR includes the use of "electronic media" in its definition of bullying. In addition, Utah's recent state Board of Educations rules require district and school plans to "provide training specific to cyber bullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging or any other electronic means for aggression inside or outside of school." New Jersey introduced a bill during the 2006 legislative session that would prohibit bullying through electronic communication, including, but not limited to, telephone, cellular phone, computer or pagers.
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