Abstract

http://ssrn.com/abstract=2366105
 


 



Bullying Victimization as a Disability in Public Elementary and Secondary Education


Douglas E. Abrams


University of Missouri School of Law

December 10, 2013

77 Missouri Law Review 781 (2013)
University of Missouri School of Law Legal Studies Research Paper No. 2013-24

Abstract:     
Since the student assault on Columbine High School in 1999, virtually all states have enacted or amended anti-bullying legislation. The laws require state education departments or local public school districts to adopt written anti-bullying policies, teach prevention curricula, discipline bullies, and cooperate with law enforcement authorities when bullying turns criminal. Local enforcement of these legislative mandates, however, may be inhibited by disincentives such as curriculum-development costs and risks of lawsuits by parents of disciplined bullies.

Administrators and teachers may feel greater incentives to enforce statutory mandates to protect bullying (and cyberbullying) victims if these school authorities perceive the effects of victimization as similar to the effects of disabilities recognized by the Individuals with Disabilities Education Act (IDEA) since 1975. Professor Abrams’ article discusses two reasons why the effects of bullying victimization can resemble the effects of IDEA disabilities -- both create educational deprivation that inhibits learning, and both appeared on legislative radar screens only after being largely ignored for decades.

Number of Pages in PDF File: 25

Keywords: bullying, victimization, public, elementary, secondary, education, Columbine, anti-bullying, disability, disabilities

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Date posted: December 11, 2013  

Suggested Citation

Abrams, Douglas E., Bullying Victimization as a Disability in Public Elementary and Secondary Education (December 10, 2013). 77 Missouri Law Review 781 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-24. Available at SSRN: http://ssrn.com/abstract=2366105

Contact Information

Douglas E. Abrams (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States
573-882-0307 (Phone)
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