In My Room from the Bully Series (Photo credit: Wikipedia) |
Bullying remains the hottest of hot button issues in special education law.
In the first installment of this series, I explained the early cases
laying the conceptual groundwork for the proposition that failure to
react to bullying can constitute a denial of FAPE under IDEA. In later installments, I have discussed the seminal decision of TK & SK ex rel LK v. New York City Dept of Educ
779 F.Supp.2d 289, 56 IDELR 228 (E.D.N.Y. 4/25/2011). This case is
important not just because it analyzes special education law
principles involving bullying, but also because it provides a
thorough review of the social science literature on bullying. You
should read this case and you can do so here.
Here is more from the court...these are not my words:
F. Effects on Children
If nothing is done to rectify the situation, a bully is likely to continue bullying and victimization continues. Olweus, supra,
at 27. Thus, without a change in the dynamic, a child who suffers at
the hands of a tormentor, is unlikely to be able to escape. And the
effects of bullying are likely to continue unabated. Id. at 28.
Each child can be bully, victim, or bystander. And with each of those
labels comes different, but often related consequences.
1. Victim
The typical victim of bullying is more anxious and insecure than her peers. Olweus, supra, at 32. She is more likely to be quiet, sensitive, and have low self-esteem. Id. It is important to note, however, that not all victims react in the same way. Macklem, supra, at 63.
"Students
who are bullied in schools have no escape from bullying other than
feigning illness and staying home which is a very temporary reprieve." Id.
at 61. Not surprisingly, being a victim is most strongly associated
with a feeling that one did not belong at school and an increase in the
classroom days missed. Id. at 70; Glew, supra, at 1030.
"Feeling as though one did not belong at school was most strongly
associated with being the victim; the odds of members of this group
being a victim were 4.1 times higher than those who felt they belonged
at school" Glew, supra, at 1030. "For students who felt sad most
days, their odds of being a victim were 1.8 times higher than the odds
of being a victim among those who did not feel sad most days." Id. Being sad most days is known to be a precursor to diagnoses of major depression. Id.
"The
take-home message is that elementary school-aged children ... who
struggle academically are more likely to be victims or bully-victims." Id.
(defining a "bully-victim" as one who both is the victim of bullying
and the bully at different times). Bullying brings with it a whole host
of other issues. It impairs concentration and leads to poorer academic
performance. Id. Additionally, victims are more likely to engage
in antisocial behavior, have increased health problems, and struggle to
adjust emotionally. See Macklem, supra, at 68 ("Being the
victim of bullying is related to sliding grades, absenteeism, poor
academic achievement, being lonely, exhibiting withdrawal behaviors,
difficulty acting assertively, or being aggressive."); Snyder, supra, at 1881, 1887; Nansel, supra,
at 733-34 ("Youth involved in bullying —as bully, victim, or
both—consistently reported significantly higher levels of health
problems, poorer emotional adjustment, and poorer school adjustment than
non-involved youth. Victims and bully victims also consistently
reported significantly poorer relationships with classmates than
uninvolved youth.")
[
779 F.Supp.2d 305
]
[ 779 F.Supp.2d 305 ] |
Victims who are friends of a non-victim peer are less likely to internalize problems such as feelings of depression and sadness. Rodkin, supra, at 36. Even children as young as those in first grade who have one friend and do not suffer in isolation, have fewer problems than children who have no peer to rely upon. Id. "The victims are lonely and abandoned at school. As a rule, they do not have a single good friend in their class." Olweus, supra, at 32. This solitude perpetuates feelings of shame and unattractiveness, and a belief that the victim is stupid. Id.
Children with feelings of rejection and loneliness, withdraw and have trouble making new friends. Macklem, supra,
at 68. "Withdrawal because a child is rejected by peers places the
child at a greater risk [of isolation] than is the case for children who
prefer to play alone or who are socially anxious." Id. Victims have lower self-esteem and begin blaming themselves for what is happening. Id.
at 69 ("Self-esteem drops once a child becomes a victim.... They blame
themselves for being victimized, and give in quickly or respond in a
disorganized manner when they are teased or bullied."). "Self-views are
unlikely to change for the better, unless the child who has been
victimized becomes more accepted in the group." Id.
The
end of school does not bring an end to the damage done by years of
harassment. As a result of this trapped setting, where harassment is a
repeated occurrence, victims carry lasting emotional and psychological
scars into adulthood. Id. at 68 (citing Olweus study that found
those who were bullied for at least three years in grades six through
nine had higher rates of depressive symptoms and lower self-esteem when
they were twenty-three years old.)
I think one of the saddest things I ever heard was from a teacher who said she felt helpless to defend any student from bullying. Her smaller stature made her felt too weak to control a physical bullying situation, and because the high school was large, often she didn't know the bully's name and other students wouldn't speak up, so she couldn't go to the principal with a name.
ReplyDeleteSarah,
DeleteThanks for the comment.
JG
I think what hurt the most was actually watching her relay this story. She was visibly crushed, terrified even. I won’t get into the gritty details, but that was a difficult morning to attend class. I suppose it’s an example of why laws like this need to exist.
ReplyDeleteWe have Olweus anti-bullying program in our school. I have seen it do great things. I do know it is hard to "catch" everything that happens.
ReplyDeleteSarah, that is sad. I am sorry that as a teacher she did not feel she could do something. That breaks my heart. We, as teachers, need to stick up for our students that do not have a voice. I have no tolerance for bullying. I really am protective of my students. I love SpEd and will help any and all students the best that I can!
PJ,
ReplyDeleteThanks vor your comment.
JG