There was an interesting opinion piece in the New York Times over the weekend from two professors based in Massachusetts discussing the new state law requiring schools to establish an anti-bullying curriculum, investigate incidents of bullying and report certain cases to the police.  The article is designed for consumption by the general American public as a response to the near unanimous trend among states to enact similar legislation.  Their premise involves the basic point that the law is only one instrument to address social challenges, and we should be realistic about the limits and side-effects of legislation:

[Legislation] alone can’t create kinder communities or teach children how to get along. That will take a much deeper rethinking of what schools should do for their students…

[The] danger of anti-bullying laws, which have now been passed by all but six states, is that they may subtly encourage schools to address this complicated problem quickly and superficially. Many schools are buying expensive anti-bullying curriculum packages, big glossy binders that look reassuring on the bookshelf and technically place schools closer to compliance with the new laws.

But our research on child development makes it clear that there is only one way to truly combat bullying. As an essential part of the school curriculum, we have to teach children how to be good to one another, how to cooperate, how to defend someone who is being picked on and how to stand up for what is right.

Involving the legal system makes a strong statement that a society won’t tolerate bullying. But for laws like the one in Massachusetts to succeed, they have to be matched by an educational system that teaches children not only what’s wrong, but how to do what’s right.

There have been a wide variety of responses by governments and legislatures over the past decades arising from the increased awareness of bullying and other forms of harassment and intimidation in schools.  British Columbia has chosen to advance non-legislative initiatives to help prevent and address bullying as a common phenomenon.  For example, in the late 1990s, the provincial government established the B.C. Safe Schools Initiative to deal with student safety in schools and communities.  Similarly, parent groups, like the BC Confederation of Parent Advisory Councils, have released publications intended to assist parents, students, teachers and administrators.  The Ministry of Education has posted a series of pamphlets on school safety on its website here.  (The term “bullying” is generally reserved for elementary schools and “harassment and intimidation” is reserved for high schools.)

Although legislation in this province does not mention bullying by name, there are several general provisions that are relevant, though none impose the measures apparently being used south of the border.  Many school boards have established their own internal policies for schools within their jurisdiction.  As well, consider section 11(2) of the School Act (British Columbia) (BCLaws):

If a decision [or failure to make a decision] of an employee of a board significantly affects the education, health or safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board.

Similarly, The Statement of Education Policy Order (Mandate for the School System), OIC 1280/89 (Ministry of Education), is an order-in-council that sets out in broad strokes the purpose of the BC school system and outlines general policies , rights and responsibilities to advance that purpose.  For example, parents have “a primary responsibility to ensure that children are provided with the healthy and supportive environment necessary for learning”. 

Much of the literature promoted by the Ministry of Education appears to be consistent with the approach advanced by the professors in the New York Times article: teach children the importance of standing up for each other, sharing with each other and promoting a sense of community.  It remains to be seen whether the legislative approach they critique will produce the right results.

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