FEDERAL LEGISLATION
TO HELP PREVENT BULLYING
AND HARASSMENT IN
SCHOOLS: H.R. 284
This legislation is proposed just about every Congressional Session
- so far, all talk and no action.
Overview
The Safe and Drug-Free
Schools and Communities Act [the Act], which is part of the No Child Left
Behind Act of 2001 [NCLB], provides vital federal support to promote school
safety (approximately $440 million in FY 2004), but the Act does not specifically
address the growing and widespread problem of bullying and harassment.
H.R. 284 remedies this
omission by requiring states, districts and schools to develop policies
and programs to prevent and appropriately respond to instances of bullying
and harassment, as part of their existing violence prevention obligations
and as a condition of federal funding.
Policies, Procedures
and Programs
H.R. 284 requires
that schools and districts:
Include within their discipline
policies prohibitions against bullying and harassment.
Establish complaint procedures
for students or parents who seek to complain regarding bullying or harassment
(which procedures must include identification of a designated school official
responsible for receiving complaints and timelines the district will follow
in the resolution of the complaints);
Provide annual notice to
parents, students, and staff regarding policies and procedures prohibiting
bullying and harassment;
In addition, schools
and districts:
May use federal funds to
provide professional development regarding strategies to prevent bullying
and harassment and how to effectively intervene when such incidents occur;
and
May use federal funds to
implement student education programs designed to teach students about the
consequences of bullying and harassment.
Definitions
As defined by H.R. 284,
“bullying” and “harassment” include conduct directed at students that substantially
interferes with their educational opportunities, specifically including
conduct that is based on a student's actual or perceived identity with
regard to race, color, national origin, gender, disability, sexual orientation,
and religion (as well as other distinguishing characteristics that may
be defined by the state or district). In addition, the term “violence,”
as presently defined in the Act, is modified to include bullying and harassment.
Data and Reporting
States must include in
their federally required drug and violence prevention reports information
regarding bullying and harassment (to include data regarding the incidence
and prevalence of bullying and harassment incidents and the perception
of students regarding their school environment).
The National Center for
Education Statistics must include in its drug use and violence data collection
information regarding the incidence and prevalence of bullying and harassment
in elementary and secondary schools.
Oversight and Enforcement
States and districts
will be required to maintain administrative complaint procedures available
to parents, students, and staff who believe that a school or district is
failing to meet the requirements of the Act related to bullying and harassment,
and to provide annual notice regarding those administrative complaint procedures.
Other Provisions
H.R. 284 expressly states
that:
It is intended to establish
protections for all students;
It is not designed to alter
constitutionally protected rights regarding freedom of expression; and
It should not be construed
to limit other federal or state legal rights available to bullying and
harassment victims (e.g. pursuant to Title IX), or to alter the standards
associated with those rights.
Funding
H.R. 284 is intended
to operate within the Act’s existing state/local grant program, ensuring
an express focus on bullying and harassment as part of school safety programs.
Current Status
Originally introduced
on July 7, 2004 (as H.R. 4776) by Representative John Shimkus (R-IL), the
bill had 20 Republican and Democratic cosponsors at the end of the 108th
Congress.
To get H.R 284 in whole, go to:
http://www.bullypolice.org/HR284.pdf
(Adobe Reader required)
The Bully Police USA
grade for H.R. 284 is a B-
(6 1/2 points) Go to
http://www.bullypolice.org/grade.html
to see a full explaination of how Bully Police USA grades laws.
#1 The word "bullying"
is used in the text of the bill/law/statutes. (1 point)
#2 The law clearly
is an anti bullying law/addition, not a school safety law. (1 point)
#3 There must be definitions
of bullying and harassment. (1 point) There should
not be any major emphasis on defining victims, and there is in this law.
(See why in www.bullypolice.org/grade.html.
Any child can be bullied and all children who are bullied are victimized.
They ALL need to be protected.)
#4 There should be
recommendations about how to make policy and what needs to be in the model
policy. (1/2 point)
#5 A good law involves
education specialists at all levels (1 point)
#6 A good law mandates
anti bullying programs, not suggests programs. (1 point)
#11 There must be
accountability reports made to Lawmakers and the State Ed Superintendent.
(1 point)
