States

Legislatures Take On Bullies With New Laws

By Mary Ann Zehr — May 16, 2001 7 min read
  • Save to favorites
  • Print

Legislators from Washington state to West Virginia, hoping to stave off violence committed by students who have been picked on by their peers, are taking action this year on bills designed to prevent bullying in schools.

The Colorado legislature this spring passed a law mandating that every school district in the state have an anti-bullying policy in place. Lawmakers cited the deadly 1999 shooting at Columbine High School in Jefferson County, Colo., as a major impetus for the measure.

Don Lee

“I represent the Columbine community,” Rep. Don Lee, a Republican who sponsored a version of the bill in the House, said last week. "[Bullying] was one of the factors cited as contributing to what happened at Columbine.”

But Colorado is not alone. The New Hampshire legislature passed a law last May requiring its schools to have policies on bullying. The West Virginia legislature followed suit with a similar law earlier this spring. And anti-bully bills are pending in Illinois, New York, and Washington state.

The concept has been most controversial in Washington state, where a Christian Coalition group opposed the bully-prevention bill, contending that it was a cover for gay-rights efforts that could eventually force schools to teach about homosexuality in a positive light.

But the wave of anti-bullying legislation has raised other issues as well. While virtually everyone agrees it’s a good thing for schools to reduce bullying, some people question whether state laws that require policies on such behavior really will help schools achieve that goal.

“I don’t think the legal avenue has much promise,” said Dr. Deborah Prothrow-Stith, a professor of public-health practice at Harvard University and an expert on violence prevention. “I can see this becoming the zero-tolerance fad of today.”

“To the extent that this pursuit of anti-bullying laws takes us further down the punishment track and distracts us from the true preventive activities,” Ms. Prothrow-Stith said, “it could hurt.”

The prevention of bullying, she argues, requires a full set of activities that include improving the climate in schools, establishing conflict-resolution and peer-mediation programs, and training faculty and staff members to properly handle bullying incidents.

‘It’s Time’

In Colorado, the anti-bullying bill stirred some controversy because a number of legislators feared it extended the hand of government into matters that should be handled on the local level.

“There were quite a few people who didn’t think that it was needed, and I’m not sure it’s going to do any good,” said Rep. Ken Arnold, a Republican who voted for the bill.

But he added that he believes that “it’s time we put an end to the bullying and the hating, the bigger kids picking on the little kids. It’s time the people in the schools—the teachers, the principals, the counselors—did something.”

Keith C. King

Keith C. King, another Republican representative in Colorado who is the vice chairman of the House education committee, said he voted against the bill because he feared it would usurp the role of parents in teaching their children how to treat other people respectfully.

“The more government takes over the role of parenting,” he said, “the less people parent.”

Some Colorado schools have taken on bullies on their own. After the killings at Columbine High two years ago the neighboring Cherry Creek district stepped up its efforts to “bullyproof” its schools.

“Our superintendent was very clear that things are not the same,” said William Porter, Cherry Creek’s director of student-achievement services. The 42,000-student district is located 10 miles from Columbine High, where two students went on a shooting rampage on April 20, 1999, fatally wounding 12 other students and one teacher before taking their own lives.

Even before Columbine, some Cherry Creek schools had started to teach an anti-bullying curriculum, written by Mr. Porter. It aims to convert what he calls the “silent majority"—the student bystanders who witness bullying yet are neither bullies nor victims themselves—to what he refers to as the “caring majority.” The goal, he said, is to get students who see bullying to stick up for the victims or report incidents to adults.

After the Columbine shooting, Cherry Creek officials mandated that every school in the district have such a violence-prevention program that discouraged bullying. Mr. Porter said the requirement was a direct response to reports that the two boys who committed the Columbine killings may have been seeking revenge for having been mistreated at school. School officials reasoned that if schools could be rid of bullies, they would be made safer for all students.

Opponents’ Concerns

Proponents of the anti-bullying bill proposed in Washington state say it was derailed by members of the state’s chapter of the Christian Coalition, who contended that anti-bullying policies in schools could violate the free-speech rights of students who expressed opposition to homosexuality.

“The Christian Coalition and others involving evangelical churches were the only ones that opposed it,” said Brian E. Smith, a spokesman for state Attorney General Christine Gregoire, a Democrat who helped to draft the bill. “In a nutshell, they were concerned that somehow it would bring up a discussion of homosexuality in the schools.

“We’ve said all along it has nothing to do with homosexuality,” Mr. Smith said. “It protects every kid—tall, skinny, gay.”

But Rick Forcier, the executive director of the Christian Coalition of Washington, counters that members of his group worry that the anti- bullying measure is only the beginning.

“What we’re concerned about it is that some states will follow the pattern of California in which they begin to mandate the teaching of homosexuality in a positive light,” said Mr. Forcier, who testified against the proposed law. “We think the [anti-bullying] bills could lead in that direction.

“We’re speaking as a Christian organization making sure we maintain the right to express our viewpoints and not have it muzzled.”

Rep. Edward B. Murray, a Democrat who sponsored the House version of the bill, said he believes the Christian Coalition attacked the bill in part because he is gay and was a sponsor of the measure.

“I’m sponsoring a bill that deals with school safety, and they think there’s some sort of hidden agenda here,” Mr. Murray said. “Suddenly, it becomes my agenda.”

He backed the bill, he said, because of calls he had received from students who stood out from their peers, either because of disabilities or physical differences or because they were lesbian or gay.

“They weren’t just being harassed,” he said. “They were being insulted and beat up. Not all of our school districts were dealing with this.”

Rep. Gigi Talcott, the Republican co-chairwoman of the House education committee, blocked the anti-bullying bill from coming up for a vote in April. She downplayed reports that she’d done so because of concerns over how the law would apply to homosexuality. She said she viewed the measure as unnecessary because schools could already put anti-bullying plans in place.

The Washington legislature has adjourned. But proponents of the anti- bullying measure said there is still a slim chance it would survive because the Senate plans to send the bill to the House one more time during a special session that ends May 24.

Implementation Challenges

Mark V. Joyce, the executive director of the New Hampshire School Administrators Association, said the anti-bullying mandate in his state got bogged down in the implementation stage.

New Hampshire came out with a technical advisory that said schools had to report every incident of bullying, which school administrators found unrealistic, according to Mr. Joyce.

“It’s almost universal that people are concerned about safety,” he said. “But when we pass a piece of legislation, we have to think about how it will practically work in a school environment. If the solution is outside of reality, you’re going to build resistance.”

Nicholas Donahue, the New Hampshire education commissioner, acknowledged that the state has had some challenges in implementing the law. But he added that he believes it has spurred most school districts to adopt anti-bullying policies.

“We talk with superintendents and school board members,” Mr. Donahue said. “For the most part, what we’ve heard is that the law is cumbersome, that the technical advisory was good but raised some other questions, and ‘we’ve met the letter of the law, and our school board has adopted a policy.’ ”

Related Tags:

A version of this article appeared in the May 16, 2001 edition of Education Week as Legislatures Take On Bullies With New Laws

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Stop the Drop: Turn Communication Into an Enrollment Booster
Turn everyday communication with families into powerful PR that builds trust, boosts reputation, and drives enrollment.
Content provided by TalkingPoints
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Integrating and Interpreting MTSS Data: How Districts Are Designing Systems That Identify Student Needs
Discover practical ways to organize MTSS data that enable timely, confident MTSS decisions, ensuring every student is seen and supported.
Content provided by Panorama Education
Artificial Intelligence Live Online Discussion A Seat at the Table: AI Could Be Your Thought Partner
How can educators prepare young people for an AI-powered workplace? Join our discussion on using AI as a cognitive companion.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States States Are Banning Book Bans. Will It Work?
Approved legislation aims to stop school libraries from removing books for partisan reasons.
5 min read
Amanda Darrow, director of youth, family and education programs at the Utah Pride Center, poses with books that have been the subject of complaints from parents in Salt Lake City on Dec. 16, 2021. The wave of attempted book banning and restrictions continues to intensify, the American Library Association reported Friday. Numbers for 2022 already approach last year's totals, which were the highest in decades.
Eight states have passed legislation restricting school officials from pulling books out of school libraries for partisan or ideological reasons. In the past five years, many such challenges have focused on books about race or LGBTQ+ people. Amanda Darrow, the director of youth, family and education programs at the Utah Pride Center, poses with books that have been the subject of complaints from parents in Salt Lake City on Dec. 16, 2021. (Utah is not one of the eight states.)
Rick Bowmer/AP
States McMahon Touts Funding Flexibility for Iowa That Falls Short of Trump Admin. Goal
The Ed. Dept. is allowing the state education agency to consolidate small sets of funds from four grants.
6 min read
U.S. Secretary of Education Linda McMahon is interviewed by Indiana’s Secretary of Education Katie Jenner during the 2025 Reagan Institute Summit on Education in Washington, D.C., on Sept. 18, 2025.
U.S. Secretary of Education Linda McMahon, pictured here in Washington on Sept. 18, 2025, has granted Iowa a partial waiver from provisions of the Every Student Succeeds Act, saying the move is a step toward the Trump administration's goal of "returning education to the states." The waiver allows Iowa some additional flexibility in how it spends the limited portion of federal education funds used by the state department of education.
Leah Millis for Education Week
States Zohran Mamdani Picks Manhattan Superintendent as NYC Schools Chancellor
Kamar Samuels is a veteran educator of the nation's largest school system.
Cayla Bamberger & Chris Sommerfeldt, New York Daily News
2 min read
Zohran Mamdani speaks during a victory speech at a mayoral election night watch party on Nov. 4, 2025, in New York.
Zohran Mamdani speaks during a victory speech at a mayoral election night watch party on Nov. 4, 2025, in New York. The new mayor named a former teacher and principal and current superintendent as chancellor of the city’s public schools.
Yuki Iwamura/AP
States Undocumented Students Still Have a Right to Education. Will That Change in 2026?
State-level challenges to a landmark 1982 Supreme Court ruling are on the rise.
5 min read
Demonstrators hold up signs protesting an immigration bill as it is discussed in the Senate chamber at the state Capitol Thursday in Nashville, Tenn. The bill would allow public school systems in Tennessee to require K-12 students without legal status in the country to pay tuition or face denial of enrollment, which is a challenge to the federal law requiring all children be provided a free public education regardless of legal immigration status.
Demonstrators hold up signs protesting an immigration bill as it was discussed in the Senate chamber at the state Capitol in Nashville, Tenn., on April 10, 2025. The bill, which legislators paused, would have allowed schools in the state to require undocumented students to pay tuition. It was one of six efforts taken by states in 2025 to limit undocumented students' access to free, public education.
John Amis/AP