Law and Policy on the Concept of Bullying at School

The nationwide effort to reduce bullying in U.S. schools can be regarded as part of larger civil and human rights movements that have provided children with many of the rights afforded to adult citizens, including protection from harm in the workplace. Many bullied children find that their schools are hostile environments, but civil rights protections against harassment apply only to children who fall into protected classes, such as racial and ethnic minorities, students with disabilities, and victims of gender harassment or religious discrimination. This article identifies the conceptual challenges that bullying poses for legal and policy efforts, reviews judicial and legislative efforts to reduce bullying, and makes some recommendations for school policy. Recognition that all children have a right to public education would be one avenue for broadening protection against bullying to all children.