U.S. Department of Education's Recent Recognition of School Bullying Offers Much Needed Awareness to Growing Dilemmas Faced by School Officials.

On December 16, 2010, the U.S. Department of Education Secretary circulated a letter to key government and state officials across the Nation bringing awareness to the "sense of urgency among state and local educators and policy makers to take action to combat bullying." The "sense of urgency" is likely due to the growing trend of parents filing lawsuits against school districts across the Nation accusing the schools of allowing bullies to terrorize, frighten and beat upon their children. State and federal assistance with the issue of school bullying is critical for local school districts who are often subjected to liability not based upon some affirmative act or omission of school employees, but upon the difficulty and challenges in spotting and identifying instances of bullying in instances where children are reluctant to notify officials and teachers of on-going problems or identify themselves as victims.

The Georgia Bullying Law, O.C.G.A. § 20-2-751.4, which is amongst the toughest in the nation, poses an immediate requirement that local boards of education, by August 1, 2011, shall:

. adopt a policy that prohibits bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for schools in that school system;

. require that, upon a finding by the disciplinary hearing officer, panel, or tribunal of school officials provided for in this subpart that a student in grades six through twelve has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school;

. establish and publish in its local board policy a method to notify the parent, guardian, or other person who has control or charge of a student upon a finding by a school administrator that such student has committed an offense of bullying or is a victim of bullying; and

. ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each school and by including such information in student and parent handbooks.

The biggest and most common criticism of Georgia law concerning bullying legislation, however, is a noted gap between what the State requires of local districts and the tools it gives them for meeting those requirements. Many school officials point to the limited availability of data concerning bullying occurrences, despite the existence of legislation that threatens to strip state funding from schools which fail to take action following a certain number of instances of bullying.

While this issue remains one begging attention, its recent recognition by the U.S. Department of Education is a step in the right direction towards encouragement of local fine tuning and re-assessment. Most states, similar to Georgia, have adopted policies requiring local districts to address and confront the topic of bullying. Only seven states: Montana, Hawaii, Wisconsin, Massachusetts, North Dakota, South Dakota, and the District of Columbia lack specific laws targeting school bullying.

Please be advised that the body of law in this area is highly comprehensive and constantly subject to amendment. We encourage you to seek advice from our experienced attorneys at FDW at 770-478-9950 for specific questions you may have concerning state and federal laws concerning bullying affecting your organization.