The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression
Federal Law
Compared with European countries, the United States has been slow to respond to school bullying. However, several laws have been passed over the last 7 years that require States to take action to curb bullying behaviors. ref
The No Child Left Behind (NCLB) Act of 2001, Title 20 (Education), contains a drug and violence prevention component under Safe and Drug-Free Schools and Communities (Title IV). The NCLB Act retains State formula grants already in existence and national discretionary activities for drug and violence prevention. It also: ref
- Allows a student in a persistently dangerous school, or a student who is victimized at school, to transfer to a safe school.
- Requires States to report on school safety to the public.
- Requires school districts to implement drug and violence prevention programs of demonstrated effectiveness.
- Requires Local Education Agencies (LEAs) that receive Safe and Drug-Free Schools monies to have a detailed plan for keeping schools safe. The plan must include:
- Appropriate and effective discipline policies
- Security procedures
- Prevention activities
- A student code of conduct
- A crisis management plan for responding to violent or traumatic incidents on school property
In addition, the NCLB Act made specific requirement changes to the Safe and Drug-Free Schools and Communities program addressing: ref
- Mandating community service for expelled or suspended students
- Creating a school security and technology resource center
- Creating a national center for school and youth safety to:
- Provide emergency counseling, enhanced security assistance, and a toll-free hotline for students to report violence and/or criminal activity
- Provide information and outreach (best practices, clearinghouse for model school safety programs, etc.)
- Creating a Safe and Drug-Free Schools and Communities Advisory Committee
- Mandating a detailed local plan for Safe and Drug-Free Schools
In the context of sexual bullying, the Office of Civil Rights (OCR) has passed comprehensive policies prohibiting discrimination within all programs and activities. OCR enforces Title IX, which prohibits discrimination based on a student's sex in schools receiving Federal funds. ref
The U.S. Supreme Court has clearly stated that a school district is liable if administrators knew or should have known that bullying (some methods legally termed harassment) was occurring and failed to take immediate and appropriate action. ref








