Peer-to-Peer Violence and Bullying: Examining the Federal Response

Ω

This report examines the work of the United States Departments of Education (ED) and Justice (DOJ) in enforcing prohibitions against discrimination and harassment as they relate to bullying and other peer-to-peer violence in public K-12 schools.

Chapter One is an Introduction

Chapter Two provides information on the incidence of peer-to-peer violence as well as the unique problems associated with peer-to-peer violence as it relates to various demographic groups. It also provides background information on relevant legal protections, highlighting statutes enforced by ED and DOJ.

Chapters Three and Four set forth the processes employed by ED and DOJ, respectively, in monitoring and enforcing prohibitions against peer-to-peer violence and provide data regarding ED and DOJ‘s enforcement activities.

Chapter Five is an overview of ED‘s October 2010 Dear Colleague Letter addressing the legal obligations of schools related to bullying and harassment.

Chapter Six discusses jurisdictional issues related to ED and DOJ‘s use of existing laws to combat peer-to-peer violence where the victims are in part targeted based on their sexual orientation or gender identity, or based on their religion.

Chapter Seven explores other concerns related to the current federal response to peer-to-peer violence, including critiques based on the enforcement standards used by ED, the appropriateness of a large-scale federal response versus the need for state and local control, and the First Amendment.

The most interesting part of the Report, and one that I highly recommend reading is the COMMISSIONER STATEMENTS AND REBUTTALS - lots of controversy and details there.