Anti-bullying law tragedies' legacy

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Anti-bullying law tragedies' legacy

Wednesday, June 02, 2010

View: Anti-bullying law the legacy of tragedies View: Tragedies lead to

anti-bullying law 8View The Massachusetts state Legislature recently passed what

has been touted as the most sweeping bullying prevention legislation in the

country, making it the 44th state in the nation to do so.

A key piece of the legislation requires that all schools, both private and

public, provide annual bullying curriculum in each year to every student from

kindergarten through Grade 12.

Additionally, school staff must report all incidents of bullying to the

principal and incidents of cyber-bullying, which likely do not happen in school,

are now subject to the same penalties and discipline as would a face-to-face

in-school incident.

Furthermore, school officials must contact the police when it is believed

criminal charges are warranted due to the severity of the bullying or

harassment. The state Department of Elementary and Secondary Education will be

responsible for drafting policy for implementing of the law, including how the

curriculum should be delivered and when to contact the police.

While some are celebrating the landmark legislation, others have said it goes

too far as it infringes on an individual's right to free speech, a civil liberty

protected by the U.S. Constitution, especially in regard to online or

cyber-bullying.

Critics argue that school authorities will overreact out of fear of litigation

or public embarrassment, which will result in excessive and unwarranted

disciplinary measures. While the U.S. Supreme Court has not yet taken up a case

regarding online speech, lower courts have ruled that schools cannot simply

suspend a student if another student takes offense to their language without any

evidence that such speech caused a severe interruption in the school's

activities.

Still others have said the new law does not go far enough, as the legislation

does not label bullying a criminal offense and there are no fines or other

penalties for school officials who do not report incidents to the police.

Without stiffer consequences, some believe, bullying behavior will continue to

be ignored.

While it may not be perfect, the important point here is that at least we have

something. There is now conversation about prevention and intervention programs,

education and awareness activities and the expectation that extreme bullying

incidents be reported to authorities. While this may have been the expectation

previously, it is now the law.

Schools may have to scramble to implement curriculum and reporting methods - but

are schools not entrusted with the safety and well-being of our young people,

and isn't this as important as learning how to read and write?

The sad part is that it took the deaths of two young people, both students right

here in the Pioneer Valley, and the subsequent worldwide media attention to

pressure lawmakers to do the right thing. Phoebe Prince and Carl -Hoover

will never benefit from the law, but hopefully their families will find some

relief knowing that future generations of students are now protected.

One can only hope that communities like South Hadley, torn apart by the

emotional unrest, will now be able to move forward to concentrate on helping

students learn in a safe and supportive environment.

Fortunately there are schools that have already met the requirements of this

legislation.

Two years ago a school counselor here in the Monson Public Schools did something

about the harassment and bullying behaviors that were targeted at some of the

students with whom she counseled. She worked with administrators to gain support

and the financial resources to be educated in the Olweus Bullying Prevention

Program (www.olweus.org/) and then trained staff in each building. We now have

an active bullying prevention and school climate committee working to make each

school a safer place and create a more respectful student body in the hope of

eradicating bullying behaviors. This work will never be done, but at least we

have begun a movement.

It's now time to get behind the legislation and provide support to schools and

educators to do this challenging, yet essential, work.

Let's hope that all of the other Phoebes and Carls will no longer have to endure

the torture that can dominate their lives. The time has come to say " No more "

and put an end to this behavior, and support all of our young people.

Bardwell is a school counselor and director of student support services for the

Monson Public Schools. He is the secondary level vice president of the American

School Counselor Association and president of the New England Association for

College Admission Counseling. His column appears monthly during the school year.