Tom Ramstack – AHN News Legal Correspondent
Washington, DC, United States (AHN) – Anti-bullying rules sweeping schools across the nation endured criticism this week in a University of California at Los Angeles study that says they often discriminate against minorities and disabled students.
Anti-bullying policies became widespread after Congress approved the 2003 “No Child Left Behind” law that promotes high standards for academic performance.
In addition, President Barack Obama held a White House conference earlier this year on bullying during which he encouraged school administrators not to tolerate it.
Typically, bullies can be suspended or expelled from their schools under tough “zero-tolerance” rules intended to make education safer and more accessible to children.
However, strict discipline often hurts student achievement for “problem children,” the UCLA Civil Rights Project says.
“The application of discipline is unfair and unequal in this country,” said Dan Losen, who oversaw the UCLA Civil Rights Project study. “Kicking out students for minor offenses has no academic justification. Yet, students and especially minority students are removed for small infractions every day, causing them to suffer academically.”
African American and disabled students suffer the most suspensions and other discipline, the Civil Rights Project study says.
Results of the study were announced at a press conference in Washington, D.C., at the National Press Club.
Anti-bullying rules are expected to get a closer look in the updated version of the No Child Left Behind law Congress is considering.
U.S. Education Secretary Arne Duncan said last month he wants Congress to include a provision in the reauthorized law requiring a survey of students on their attitudes toward bullying.
He spoke during a conference on bullying sponsored by the Education Department.
The conference coincided with the suicide of 14-year-old Jamey Rodemeyer of New York, who killed himself after being bullied at school.
Duncan said the survey should ask students about whether they feel safe at school and whether they would recommend their school to other students.
The Education Department sent a letter to school districts nationwide last year offering guidelines on how to handle bullying episodes. It also warned them they could face federal penalties if they fail to control harassment and discrimination by bullies.
The Civil Rights Project recommends alternatives to zero-tolerance similar to programs in Maryland and Connecticut schools.
In Maryland, state legislators passed a law in 2004 that says elementary schools must participate in Positive Behavioral Interventions and Supports programs if their suspensions reach 10 percent of their enrollment.
The programs teach students and faculty how to avoid antagonistic and violent incidents in schools.
In Connecticut, a state law requires schools to use disciplinary strategies that allow students to continue attending classes if they violate rules, as long as they do not represent a threat to others.
In Texas, where zero-tolerance rules are common, about 31 percent of students get suspended or expelled for infractions at some point in their middle school or high school educations, a Texas A&M study showed.
Kevin Welner, director of the University of Colorado’s National Education Policy Center, said “being kicked-out leads to becoming a dropout.”
The American Bar Association recently passed a resolution urging administrators to reconsider suspension or expulsion as a disciplinary tool.
The ABA resolution urged “federal and state legislatures to pass laws … that help advance the right to remain in school, promote a safe and supportive school environment for all children, and enable them to complete school; and limit exclusion from and disruption of students’ regular educational programs as a response to disciplinary problems.”
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