Journal of School Health. Special Legal Issue Feb. 08 The text below was found on page 50 of the PDF file.
http://www.ashaweb.org/pdfs/josh782.pdf
State-Based Protections.
SHPPS 2006 found that
nearly all states, districts, and schools have policies
prohibiting weapon possession or use by students,
many of which apply also to off-campus, schoolsponsored
events.
548 Most districts and schools also
prohibit physical fighting, gang activities, and harassment
of other students. Many states have passed laws
to specifically deter bullying in schools.
549 To date, 24
states have anti-bullying statutes, and 3 states have
created anti-bullying regulations.
550 These statutes
typically address what constitutes ‘‘bullying,’’ its reporting,
and consequences to students.
551 Some states
define the term ‘‘bullying’’ broadly, some are more
specific, and some leave the definition to local school
districts. For example, New Hampshire’s law merely
states that each local school board ‘‘shall adopt a pupil
safety and violence prevention policywhich addresses
pupil harassment, also known as ‘bullying’
. . . ’’ 552
Rhode Island’s law is more specific: ‘‘[h]arassment,
intimidation or bullyingmeans an intentional written,
verbal or physical act or threat of a physical act that,
under the totality of circumstances: (i) a reasonable
person should know will have the effect of: physically
harming a student, damaging a student’s property,
placing a student in reasonable fear of harm to his or
her person, or placing a student in reasonable fear of
damage to his or her property; or (ii) is sufficiently
severe, persistent or pervasive that it creates an intimidating,
threatening or abusive educational environment
for a student.’’
553 Most state anti-bullying laws
and policies address an intention to harm, repetition of
behavior, and power imbalance (eg, intimidation),
although no state has included all three definition elements.
554
Although there is no uniformity among state
anti-bullying laws, each state does require or encourage
school districts to adopt anti-bullying policies, and
most recommend that witnessed accounts of bullying
behavior be reported to a school administrator.
555
States may require or encourage school personnel
to report bullying
556 or require local school authorities
to develop a system in which students can anonymously
report incidents of bullying.
557 Most states
direct local school authorities to determine the consequences
of bullying.
558 For example, Connecticut’s
anti-bullying law requires local school authorities to
develop an anti-bullying policy that, among other
things, requires notifying the parents (or guardians)
of the bully and the target of the bullying.
559 The
Howard County School Board in Maryland recently
created an Anti-Bullying Task Force that offers training
to nurses, counselors, and others in schools on how to
address bullying issues.