Largely in response to the recent spike in publicized tragedies caused by bullying, the Department of Education today issued guidance on protecting students from various kinds of bullying. The guidance, distributed in the form of a “Dear Colleague” letter to schools, colleges, and universities, clarifies when bullying in schools may violate federal education anti-discrimination laws and reminds educators of their legal obligation to protect students from harassment due to race, national origin, sex, gender, and disability. The letter also gives examples of harassment and describes how a school should address each case.

This response from the Department of Education follows the introduction of a bill addressing bullying in schools, the Safe Schools Improvement Act (SSIA) introduced by Sen. Robert Casey (D-PA) and Rep. Linda Sanchez (D-CA). NASSP is one of 70 organizations that support the bill as a member of the Safe Schools Partnership and has strongly advocated for its inclusion in an ESEA reauthorization bill. SSIA is a federal anti-bullying bill that includes protections based on sexual orientation and gender identity/expression, and “will require comprehensive anti-bullying policies in our nation’s public schools,” according to the Gay, Lesbian and Straight Education Network (GLSEN).

The impetus for this bill is indisputable: according to a 2005 report from GLSEN and Harris Interactive that surveyed more than 3,000 students, nearly two-thirds of middle and high school students (65%) said they had been bullied in school in the past year. Further, according to GLSEN’s 2007 National School Climate Survey of more than 6,000 LGBT students nearly 9 out of 10 LGBT students (86.4%) said they had been harassed in the past year, and 60.8% said they felt unsafe at school because of their sexual orientation.

Beyond the Department’s letter of guidance released today, Education Secretary Arne Duncan said he may urge Congress to introduce legislation specifically to address bullying. To that end, the publication Congressional Quarterly reported that “a key Democrat said he will look at ways to address the issue when Congress takes up the reauthorization of the Elementary and Secondary Education Act (ESEA) next year.” Sen. Tom Harkin (D-IA), chairman of the Health, Education, Labor and Pensions Committee, also said the committee would address bullying in future discussions of ESEA reauthorization. Further, members of the House Lesbian, Gay, Bisexual, and Transgender (LGBT) Equality Caucus urged the Department of Health and Human Services to focus suicide prevention efforts on the high-risk groups of gay and transgendered youth.

In the coming year, the White House plans to host a conference to “raise awareness and equip young people, parents, educators, coaches and other community leaders with tools to prevent bullying and harassment,” according to a Department of Education press release. “We’ve got to dispel the myth that bullying is just a normal rite of passage, or an inevitable part of growing up. It’s not,” said President Obama. “We have an obligation to ensure that our schools are safe for all of our kids. Every single young person deserves the opportunity to learn and grow and achieve their potential, without having to worry about the constant threat of harassment.”
NASSP will continue to advocate for the Safe Schools Improvement Act (H.R. 2262/S. 3739) and we urge you to write and/or call your members of Congress to cosponsor this bill.

New legislation introduced by Rep. Jared Polis (D-CO) and 60 original cosponsors would extend civil rights protections to public school students who are, or are perceived to be, lesbian, gay, bisexual and transgender (LGBT). Upon its introduction in late January, the Student Non-Discrimination Act (H.R. 4530) or “SNDA” was celebrated by civil rights and education groups alike.

SNDA would establish a federal prohibition on discrimination in public schools that is based on actual or perceived sexual orientation or gender identity. It would also provide victims of such harassment, bullying, intimidation and violence with more effective legal recourse in federal courts. “Every student has the right to an education free from harassment and violence,” said Polis, a former chairman of the Colorado State Board of Education and current member of the House Education and Labor Committee. In a press release, Polis contended that his legislation “puts LGBT students on an equal footing with their peers, so they can attend school and get a quality education, free from fear.”

Current federal statutes specifically prohibit discrimination in public schools on the basis of race, color, gender, religion, disability or national origin, but sexual orientation and gender identity have not been expressly addressed until now. SNDA would extend protections to LGBT students based on those found in Title IX, which deals with gender discrimination. That would make adherence to the new protections a requirement for the delivery of federal funds and grants. Additionally, targeted LGBT students and their families would be able to assert a violation of the law when seeking remedies against discrimination in court.

Surveys indicate that as many as nine out of ten LGBT students have been the victims of bullying or harassment based on their sexual orientation or gender identity, and that a majority of these students feel unsafe at school as a result. Repeated discriminatory treatment has been linked to high rates of absenteeism, disengagement, and academic underachievement among LGBT students. For some students, there are even more serious consequences. As stated in a letter signed by Polis and other proponents of the legislation, “left unchecked, discrimination can lead, and has led, to life-threatening violence and to suicide.”

“A safe and secure learning environment is vital to the educational success of all students,” said NASSP Executive Director Gerald N. Tirozzi. “This legislation will enhance the ability of teachers and administrators to deliver a valuable education in public schools that are free of bullying, harassment and other forms of harmful discrimination.”

On September 17 the House of Representatives passed a bill that would allow more funds to flow to low-income schools to improve school safety.

The School Safety Enhancements Act (H.R. 2352) would allow more low-income schools to participate in the Secure Our Schools (SOS) program by lowering the local matching grant requirement to 20%, and increasing the federal share to a maximum of 80%. The bill would also authorize $50 million annually for SOS grants. In addition, the bill would add to the list of allowable uses of grant funds by including a hotline for students and others to report dangerous incidents. Currently funds may be used to help schools pay for metal detectors, lighting, locks, security assessments, training for administrators, students, and teachers, coordination with law enforcement, and other measures designed to improve school safety.

For more information and to apply for SOS grants, visit http://www.cops.usdoj.gov/Default.asp?Item=240.

“Whether it is fighting terrorism or working to keep our schools free of violence, I have always believed that the government’s first responsibility is to protect the people. Our government must help to ensure that our children are safe and protected from violence of any kind in school. I am proud to report that this Congress has taken another step to ensure a safe learning environment for our children by passing my School Safety Enhancements Act,” said Rep. Steven Rothman (D-NJ), the bill’s sponsor.

The bill now goes to the Senate where it awaits consideration. Information on when the bill might be voted on is not yet available.

Interested in school safety issues? Visit www.nassp.org/safety for a host of resources on school climate, crisis prevention and management, harassment and bullying prevention, and substance and drug abuse prevention.

On June 11 the House Judiciary Committee approved a bill that would allow more funds to flow to low-income schools to improve school safety.

The School Safety Enhancements Act of 2007 (H.R. 2352) would allow more low-income schools to participate in the Secure Our Schools (SOS) program by lowering the local matching grant requirement to 20%, and increasing the federal share to a maximum of 80%. The bill would also authorize $50 million annually for SOS grants. In addition, the bill would add to the list of allowable uses of grant funds by including a hotline for students and others to report dangerous incidents. Currently funds may be used to help schools pay for metal detectors, lighting, locks, security assessments, training for administrators, students, and teachers, coordination with law enforcement, and other measures designed to improve school safety.

The bill now goes to the House floor for consideration. Information on when the bill might be considered is not yet available. There is a companion bill in the Senate, S. 1217, however no action has occurred on this bill since its introduction in 2007.

Interested in school safety issues? Visit www.nassp.org/safety for a host of resources on school climate, crisis prevention and management, harassment and bullying prevention, and substance and drug abuse prevention.