Wednesday, November 24, 2010

It is Time to Toughen Virginia’s Anti-Bullying Law

The New Jersey legislature has nearly unanimously approved what will be, if signed into law by GOP Governor Christie (something Christie has not committed to do), the nation's toughest anti-bullying law. As noted previously, Virginia's anti-bullying statute is largely a joke - unless one is the victim of bullying. Then it may be a matter of life and death. Just ask Lisa Williams, the mother of Christian Taylor who committed suicide after constant bullying at Grafton High School in nearby York County, Virginia (the bully reportedly responsible for Christian's suicide is pictured at right via his Facebook page). Former House of Delegates member Phil Hamilton (a Republican) has an op-ed piece that takes Virginia to task and advocates for a tough anti-bullying statute much like that adopted by the New Jersey legislature. The main obstacle to such a statue will be FOTF affiliate, The Family Foundation, which is perfectly happy with LGBT students being bullied to death. Here are highlights from Hamilton's op-ed:
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During the 2010 General Assembly session, the House of Delegates’ Courts of Justice Committee failed to consider anti-bullying legislationHB 744. The legislation would have provided that any person who engages in the bullying, harassment, and intimidation of a student on school property, on a school bus, or at a school-sponsored activity shall be subject to punishment for assault.
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In Virginia, this would make bullying a Class 1 misdemeanor which is punishable by up to twelve months in jail, a $2500 fine, or both. If the bullying resulted in bodily injury or was committed because of one’s race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
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Because physical, psychological, and cyber bullying is a major problem facing elementary, middle, high school, and even college students, the upcoming General Assembly session should take this problem much more seriously than it did in 2010.
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Unfortunately, youth suicide is often the final result for young people who are unable to deal with being bullied. Once a suicide from bullying has occurred, it is learned that reports of the bullying were often ignored by adults and in some cases, school officials.
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In light of Virginia’s weak law in specifically addressing behavior that most people consider bullying, state legislators should seriously consider creating an Anti-Bullying Bill of Rights in state law. Such legislation, modeled after a new proposal being considered in New Jersey, should include the following components:
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ANTI -BULLYING “BILL OF RIGHTS”
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1. Require new teachers and administrators hired in the 2011-12 school year to complete an anti-bullying training program, and mandates all teachers must learn about bullying as part of the suicide prevention training they already complete. School board members would also undergo training.
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2. Discipline school administrators who fail to investigate an incident of bullying.
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3. Include “harassment, intimidation and bullying’’ in the types of conduct that may cause a student to be suspended or expelled.
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4. Mandate school superintendents deliver a report twice a year at an open school board meeting on “all acts of violence, vandalism, harassment, intimidation or bullying.’’ The report would be used to “grade” schools and districts on their efforts to identify and respond to incidents of bullying under a program devised by the state Education Commissioner. The state’s School Report Cards would also include statistics about bullying.
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5. Require school employees to report harassing actions they learn about that take place off school property — and those who don’t could face disciplinary action.

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