Bullies - Facing Scot Farkus Today
Prior to receiving his Red Rider BB Gun, Ralphie had to deal with Scot Farkus. It was Johnny and his friends that motivated Daniel LaRusso to learn karate from Mr. Miyagi. Undoubtedly, each of us have a name or face in mind when we hear the word bully. They taught us lessons; they made us mature and helped us learn to deal with conflict. And, we had to learn to deal with it, right? There were no laws prohibiting bullying and many parents would likely tell their kids to take care of it, defend yourself.
Bullying is different today, with the advent of cell phones and social media, the onslaught of attacks is not limited to the walk from the bus to the house. Those of us raised in the 80’s and 90’s can feel secure that our embarrassing moments are mere rumors. Kids today, have their mistakes documented for all time, ready for a tech-savvy bully to return them to the surface any day.
Bullying Defined
The federal government defines bullying as “unwanted aggressive behavior that involves a real or perceived power imbalance”. In the education world, such cases are often designated as harassment, intimidation and bullying or “HIB”. In Tennessee, “HIB” is defined as any act that substantially interferes with a student’s educational benefits, opportunities or performance, that takes place on school grounds, at a school sponsored activity, school transportation or bus stop that has the effect of 1) physically harming the student or damaging their property, 2) knowingly placing the student in reasonable fear of bodily harm or damage to property or 3) creating a hostile education environment.
How Common is Bullying
A 2021 survey evaluating school climate in TN, indicated that 21% of middle school students and 14% of high school students have experienced bullying. However, recent research from the Cyberbullying Research Center (CRC) indicates the numbers are much higher.
Justin Patchin, the cofounder of the CRC noted as of late 2023 nearly 30% of students had experienced cyberbullying in the past 30 days. The most often reported forms included 1) posting of harmful things online, 2) spreading rumors online, 3) posting embarrassing or humiliating information about another, 4) excluding someone from a group or 5) continued text to someone after they have asked you to stop. Patchin’s research also found that girls are more likely than boys to experience cyberbullying.
Patchin article (HERE), shows how cyberbullying is the primary way that kids are harassed.
Legal Requirements of Schools
Most states have passed statutes to prevent bullying. Such “HIB” laws, provide requirements to local school districts regarding the policy and procedures for reporting and investigating “HIB” incidents.
In Tennessee, the law requires each district to adopt a policy that includes but is not limited to: 1) a definition and description of “HIB”, 2) the consequences of a student who commits an act of “HIB”, 3) the investigative procedures for “HIB” incidents (of which all must including that investigations beginning upon 48 of a report and conclude within 20 calendar days) and 4) how staff will respond if a reported “HIB” incident is confirmed. T.C.A. 49-6-4503. The law further states that districts must provide such policy and training to staff yearly. T.C.A. 49-6-4503(c)(1). Lastly, the principal or their designee shall immediately notify the parent or legal guardian of a student involved in an “HIB” incident.
Tennessee has a separate statute T.C.A. 49-2-120, which prohibits hazing. As with bullying, each district is required to provide a copy of such policy each year to students. The code defines hazing as “any intentional or reckless act by one or more students directed at another that endangers that students mental, physical health or safety”.
Schools in all states have an obligation to prevent “HIB” directed at a protected class. Such claims can be brought under the 14th Amendment’s Equal Protection Clause. Examples of such harassment would be “HIB” incidents based on race or gender.
Lastly, schools are required to provide a “Free and Appropriate Education” or FAPE to students with disabilities. In cases where the “HIB” is severe enough to create a hostile learning environment or interfere with a student’s education, a FAPE violation may be found. As far back as 2014 the USDOE Office of Civil Rights provided a guidance letter (here) explaining how bullying can result in the denial of FAPE. For example, the 2nd Circuit ruled that a district had violated FAPE when they failed to respond to severe “HIB” issues with a student. (T.K. and S.K. v. New York City Dept. of Education 2019).
Advice For Parents
1. Educate yourself on what bullying is and talk to your child about how to handle those situations.
a. Examples may include:
i. Verbal Abuse – Threats, continued & severe insults and rumors.
ii. Physical Abuse – Hitting, stealing, pushing or damaging property.
iii. Cyberbullying – “HIB” through social media or online platforms.
iv. Intimidation – Using threats or fear to control another person.
b. Examples that would not qualify as “HIB”:
i. Single Events – Verbal arguments that do not continue.
ii. Teasing – Occasional teasing with no intent to cause harm.
iii. School Discipline – Consequences imparted by a school official for improper student actions.
2. Document Everything – This may include making a list of “HIB” incidents (include dates & times), taking screen shots of post if done through social media, taking photos of physical harm.
3. Medical Treatment – If your child has been physically harmed or is experiencing mental health issues, take them to see a licensed professional.
4. Notify the School – As soon as you are aware of the “HIB”, notify the school in writing. This may be done with a letter or an email to the principal of the school.
a. Request a copy of the school’s “HIB” policy.
b. Request a meeting with the administration and teachers.
c. Compare your notes with local policy to ensure all steps have been followed.
d. Document all correspondence with the school.
5. Contact a lawyer who is familiar with education law.