Protecting Our Most Vulnerable Youth
An Evaluation of Bullying and Harassment in Indiana Schools
Keywords:
bullying, harassment, case law, culture, safetyAbstract
Students in the present educational landscape are experiencing issues of bullying and harassment at an alarming level. A primary duty of a school administrator is to ensure the safety of all students from the repercussions of unattended to bullying and harassment issues, which has become a significant challenge with the increase in remote education and internet access of youths around the globe. This article will first discuss key federal anti-bullying and harassment laws to provide a background of the nation’s present stance on the issue, along with a narrowed examination of key anti-bullying and harassment laws in Indiana. Recommendations for school administrators to prevent bullying and harassment cases and to remediate school culture challenges will follow.
Downloads
References
Ali, R.. (2010). Guidance on schools’ obligations to protect students from student-on-student harassment on the basis of sex; race, color, and national origin; and disability. U.S. Department of Education Office for Civil Rights. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm
Brown v. Board of Education, 347 U.S. 483 (1954). https://www.oyez.org/cases/1940-1955/347us483
Burns Ind. Code Ann. § 20-19-3-11.5 (2018)
Burns Ind. Code Ann. § 20-33-8-0.2 (2013)
Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964). https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg241.pdf
Davis v. Board of Education, 526 U.S. 629 (1999). https://supreme.justia.com/cases/federal/us/526/629/#tab-opinion-1960493
Justia. (2018, April). Title VI. https://www.justia.com/education/title-vi/
Kimmel, A. (2017). Litigation bullying cases: Holding school districts and official accountable. Public Justice Impact Change. https://www.publicjustice.net/wp-content/uploads/2016/02/Bullying-Litigation-Primer-Fall-2017-Update-FINAL.pdf
M.P. v. Independent School District No. 721, 200 F. Supp. 2d 1036 (8th Cir. 2002). https://casetext.com/case/mp-v-independent-school-district-no-721
National Education Association. (2012, October 8). Nation’s educators continue push for safe, bully-free environments [Press Release]. http://www.nea.org/home/53298.htm
N. et al. v. Franklin Community School District and Board of School Trustees of the Franklin Community School Corporation, No. 1:2019cv01922 - Document 30 (S.D. Ind. 2019). https://cases.justia.com/federal/district-courts/indiana/insdce/1:2019cv01922/94702/30/0.pdf?ts=1568279951
Patsy Mink Equal Opportunity in Education Act, 20 U.S.C. § 1681 et seq. (1972) http://www.justice.gov/crt/title-ix-education-amendments-1972
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (1973) https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973
United State Environmental Protection Agency. (2017, June 9). Title IX of the education amendments act of 1972. https://www.epa.gov/ocr/title-ix-education-amendments-act-1972#:~:text=Related%20Topics%3A-,Title%20IX%20of%20the%20Education%20Amendments%20Act%20of%201972,activity%20receiving%20Federal%20financial%20assistance.
U.S. Department of Education. (2020, May 6). Secretary DeVos takes historic action to strengthen Title IX protections for all students [Press Release]. https://www.ed.gov/news/press-releases/secretary-devos-takes-historic-action-strengthen-title-ix-protections-all-students
U.S. Department of Health and Human Services (2017, September 26). Indiana anti-bullying laws & policies. https://www.stopbullying.gov/resources/laws/indiana
Vossekuil, B., Fein, R., Reddy, M., Borum, R., & Modzeleski, W. (2004). The Final report and findings of the safe school initiative: Implications for the prevention of school attacks in the United States. United States Secret Service and United States Department of Education. https://www2.ed.gov/admins/lead/safety/preventingattacksreport.pdf
Zeno v. Pine Plains Central School District, 702 F.3d 655 (2nd Cir. 2012). https://caselaw.findlaw.com/us-2nd-circuit/1616806.html
Additional Files
Published
Issue
Section
License
Copyright (c) 2022 Journal of Interdisciplinary Studies in Education
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
