Bullying in Schools

Bullying in Our Schools

Oregon passed HR 2599 into law 2009: ORS sec. 339.351 to sec. 339.364. Section 339.364(1) states
In part “each district shall adopt a policy prohibiting harassment, intimidation or bullying…” Will this law help? How will this legislation and others similar to it throughout many other states help protect our children, especially the most vulnerable of our student body, those with Special Needs. Although these recent amendments do not create a statutory cause of action, it does not prevent a student from seeking redress under other civil or criminal statutes.

It has been reported that 40% of 8th graders and 30% of high school juniors admit to being harassed at school or on their way to and from school. Hammond, Betsy, “Oregon to beef up anti-bully laws”, 4, March, 2009. Furthermore the National Association of State Directors of Special Education (NASDSE) report that children with special needs may be at particular risk of being bullied by their peers.

To add to these dismal statistics, a survey of elementary and middle school students in Massachusetts revealed that more than 30% of the students believed that adults did little or nothing to help in bullying incidents. (Mullin-Rindeler, 2003).

Clearly there is a duty on educators and all school personnel to keep our children safe. School personnel act in loco parentis, while children are within their care and control. This Latin phrase basically means that while a student is in the custody of a school, the school can and often should act as a parent. This places an affirmative obligation on them to ensure that the school is safe and that their charges are free from the denigrating bullying that appears on the rise.

Rob Horner of the University of Oregon, believe that anti-bullying laws alone will have little impact on bullying. He believes that we need to teach children what we want and expect of them rather than wait until they make a mistake and then punish them. Hammond, Betsey, “Oregon to beef up anti-bullying laws” 4, MRCH, 2009. He proposed the use of Positive Behavioral Supports (PBS) which is currently used in 40% of Oregon Schools.

All parents need to be alert to the signs that their child is being bullied, and take action. Parents must notify the school, preferably in writing, (Gebser letter) and record and document any and all incidents. For parents with children with Special Needs, they additionally should meet with the Special Education team, review the child’s IEP or 504 Plan and include any accommodations necessary to stop the harassment. Further it is important for parents and districts to bear in mind that those individuals who are covered by the IDEAIA and Section 504 of the Rehabilitation Act, the acts of bullying or harassment may rise to a violation of the civil rights of the individual


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.