From Statehouse to Schoolhouse F r o m Anti-Bullying Policy Efforts in U.S. States and School Districts S t a t e h o u s e t o S c h o o l h o u s e : A n t i - B u l l y i n g P o l i c y E f f o r t s i n U . S . S t a t e s a n d S c h o o l D i s t r i c t s A Report from the Gay, Lesbian & Straight Education Network www.glsen.org From Statehouse to Schoolhouse Anti-Bullying Policy Efforts in U.S. States and School Districts By: Ryan M. Kull, Ph.D. Joseph G. Kosciw, Ph.D. Emily A. Greytak, Ph.D. A Report from the Gay, Lesbian & Straight Education Network www.glsen.org National Headquarters 90 Broad Street, 2nd floor New York, NY 10004 Ph: 212-727-0135 Fax: 212-727-0254 DC Policy Office 1001 Connecticut Ave NW, Suite 206 Washington, DC 20036 Ph: 202-347-7780 Fax: 202-347-7781 [email protected] www.glsen.org © 2015 GLSEN ISBN: 978-1-934092-14-9 When referencing this document, we recommend the following citation: Kull, R.M., Kosciw, J.G., & Greytak, E.A. (2015). From Statehouse to Schoolhouse: Anti-Bullying Policy Efforts in U.S. States and School Districts. New York: GLSEN. GLSEN (the Gay, Lesbian & Straight Education Network) is the leading national education organization focused on ensuring safe schools for all students. Established in 1990, GLSEN envisions a world in which every child learns to respect and accept all people, regardless of sexual orientation or gender identity/expression. GLSEN seeks to develop school climates where difference is valued for the positive contribution it makes to creating a more vibrant and diverse community. For more information on our educator resources, research, public policy agenda, student leadership programs, or development initiatives, visit www.glsen.org. Graphic design: Ace Creative Electronic versions of this report and all other GLSEN research reports are available at www.glsen.org/research. Printed on 30% Recycled content From StatehouSe to SchoolhouSe iii Table of Contents Preface .....................................................vi Conclusion ....................................................55 Acknowledgments .....................................vii Part Three: Anti-Bullying Policies and School Climate for Lesbian, Gay, Bisexual, Executive Summary ....................................1 and Transgender (LGBT) Youth ...................59 Introduction .............................................11 Overview .......................................................61 Overview of the Study Aims and Methods ....17 Methods .......................................................62 Part One: School District Coding Procedure for District Policies .....62 Anti-Bullying Policies ................................21 Overview .......................................................23 Terminology ............................................63 Methods .......................................................24 Findings ........................................................63 Data Collection ......................................24 P revalence and Content of Students’ Policies ..................................63 Coding Procedure ..................................25 S tudent Awareness of Findings ........................................................26 Anti-Bullying Policies .............................64 Prevalence of Anti-Bullying Policies .........26 T he Relationship between Key Elements of Anti-Bullying Anti-Bullying Policies and Policies ...................................................27 Feelings of Safety ..................................65 Co-occurrence of Key Elements A nti-Bullying Policies and in District Policies ...................................31 LGBT Students’ Experiences of Victimization ......................................66 Differences in Policies by Region, Locale, and District Characteristics ..........32 A nti-Bullying Policies and LGBT Students’ Experiences with Conclusion ....................................................35 Reporting Incidents ...............................68 Part Two: Implementation of State Laws, T he Relationship between Regulations, and Policy Guidance ..............39 Anti-Bullying Policies and Overview .......................................................41 LGBT Students’ Feelings Methods .......................................................42 about their Schools ................................71 Data Collection .......................................42 Conclusion ....................................................72 Coding Procedure ...................................42 Discussion ...............................................75 Terminology ............................................43 Limitations ....................................................77 Findings ........................................................43 Conclusions and Implications ........................78 Current Status of Anti-Bullying Laws .......43 District Anti-Bullying Policies .................78 Prevalence and Characteristics of District Implementation of State State Anti-Bullying Laws, Regulations, Level Anti-Bullying Measures ................81 and Policy Guidance (as of 2008) ..........44 Recommendations ........................................82 The Influence of State Laws, Appendix .................................................85 Regulations, and Policy Guidance Notes and References ...............................87 on District Anti-Bullying Policies .............46 iv List of Tables and Figures Table 1.1 N umber and Percentage of Figure 2.4 Percentage of Districts with Districts with Anti-Bullying Anti-Bullying Policies by w Policies by State (as of 2011) ....26 the Presence of Anti-Bullying Figure 1.1 F requency of Enumerated Laws, Regulations, and/or Categories in District Policy Guidance ........................47 Anti-Bullying Policies ................27 Figure 2.5 Percentage of District Figure 1.2 P ercentage of U.S. Districts Policies Enumerating Sexual Providing Bullying Orientation in States with Protections to Students .............28 Laws, Regulations, and/or Policy Guidance Enumerating Figure 1.3 P ercentage of Districts Sexual Orientation .....................48 Enumerating LGBT Protections by State ....................................29 Figure 2.6 Percentage of District Policies Enumerating Gender Identity/ Table 1.2 N umber and Percentage of Expression in States with Laws, Policies and Districts Requiring Regulations, and/or Policy Professional Development Guidance Enumerating and Accountability ....................30 Gender Identity/Expression ........49 Table 1.3 P ortion of all Anti-Bullying Figure 2.7 Percentage of District Policies Policies Including Enumerating Sexual Orientation Accountability and/or or Gender Identity/Expression Professional Development by the Presence of Laws, Requirements by Enumeration Regulations, and/or Policy Status of Policies .......................31 Guidance Enumerating Figure 1.4 P ercentage of Districts with Sexual Orientation or Gender Anti-Bullying Policies by Identity/Expression ....................49 Region and Locale ....................32 Figure 2.8 Percentage of LGBT-Inclusive Figure 1.5 P ercentage of Districts District Policies in States with Enumerating Protections and without Non-LGBT for LGBT Students by Region Inclusive Laws, Regulations, and Locale ................................32 or Policy Guidance ....................50 Figure 1.6 P ercentage of Districts Requiring Figure 2.9 Percentage of District Policies Professional Development by Including Professional Region and Locale .....................33 Development (PD) Figure 1.7 P ercentage of Districts Requiring Requirements in States with Accountability for Bullying Laws, Regulations, and/or Incidents by Region and Locale ...33 Policy Guidance Including PD Requirements .....................52 Table 1.4 P resence and Content of Anti- Bullying Policies by District and Figure 2.10 Percentage of District Policies Community Characteristics ........34 Requiring Professional Development (PD) by the Figure 2.1 S tatus of State Anti-Bullying/ Presence of State Laws, Harassment Laws 1992–2014 ...43 Regulations, and/or Policy Figure 2.2 I nclusion of Key Elements in Guidance Requiring PD ............53 State Laws, Regulations, and Figure 2.11 Percentage of District Policies Policy Guidance (as of 2008) ....44 Requiring Accountability Figure 2.3 P ercentage of Districts with Anti- for Bullying Incidents in States Bullying Policies in States with with Laws, Regulations, and/or Anti-Bullying Laws, Regulations, Policy Guidance Requiring and/or Policy Guidance .............46 Accountability ...........................53 From StatehouSe to SchoolhouSe v Figure 2.12 P ercentage of District Policies Figure 3.8 LGBT Students’ Frequency of Requiring Accountability in Reporting Bullying/Harassment States by the Presence of Incidents by Awareness of State Laws, Regulations, and LGBT Protections in their Policy Guidance Requiring Anti-Bullying Policies ................70 Accountability ...........................54 Figure 3.9 Effectiveness of Staff Response Table 3.1 C haracteristics of 2011 NSCS to LGBT Students’ Reports of Participants with Matched Bullying/Harassment by Anti- School District Information ........62 Bullying Policy Type ..................70 Table 3.2 C haracteristics of the Figure 3.10 Number of Teachers and Other Participants’ Schools .................62 School Staff who are Supportive Figure 3.1 P ercentage of LGBT Students of LGBT Students by Anti- with General and LGBT-Inclusive Bullying Policy Type ..................71 District Anti-Bullying Policies .....64 Figure 3.11 Levels of Perceived Support for Table 3.3 L GBT Students’ Perceptions of LGBT Students from School the Presence and Content of Administrators by Anti-Bullying Anti-Bullying Policies in their Policy Type ...............................71 Schools.....................................64 Figure 3.12 Percentage of LGBT Students Figure 3.2 L GBT Students’ Feelings of Feeling Comfortable in Talking Safety by Anti-Bullying with Staff about LGBT Issues Policy Type ...............................66 by Anti-Bullying Policy Type ......72 Figure 3.3 L GBT Students’ Feelings of Table A.1 Number of States with Policy Safety by Professional Guidance from State Development and Departments of Education (DOE) Accountability Requirements and School Boards Associations in Anti-Bullying Policies .............66 (SBA) and the Inclusion of Key Characteristics ...................85 Figure 3.4 L GBT Students’ Victimization Experiences by Anti-Bullying Table A.2 Co-Occurrence of Laws, Policy Type ...............................67 Regulations, and Policy Guidance in States by Key Figure 3.5 O ther Victimization Experiences Characteristics ..........................85 by Enumerated Protections in Anti-Bullying Policies .............67 Table A.3 The Odds (OR) of Districts Having a Policy or Including Figure 3.6 F requency of LGBT Students Key Elements Based on the Experiencing Other Types of Occurrence of these Factors Harassment by Anti-Bullying in State Laws, Regulations, Policy Type ...............................68 or Policy Guidance ....................85 Figure 3.7 F requency of LGBT Students’ Table A.4 Coding for Presence and Reporting of Bullying Content of State Anti-Bullying Incidents by the Inclusion of Laws, Regulations, and/or LGB/LGBT Enumeration, Policy Guidance ........................86 Professional Development, or Accountability in District Anti- Bullying Policies ........................69 vi Preface For advocates and historians, the relationship between legislative and policy victories and social change remains a matter of the utmost importance and some mystery. At GLSEN, our watchword has always been that the passage of a law or adoption of a policy is not the end of the work but simply the end of the beginning. We must then move into the next phase of our work, trying to ensure that the impact of laws passed in statehouses is felt in schoolhouses at the local level. This study throws the path from passage to impact into high relief. It reinforces the importance of legislative and policy progress, with findings that strengthen our long-held conviction that LGBT-inclusive enumerated laws and policies can lead to improvements in LGBT students’ experience. It also illustrates the gap that can emerge between the intentions of a law and the effectiveness of its implementation via policy and regulations. There are still many school districts in the U.S. that have failed to institute policy protections, even in states which require them by law. For years, we have led groups of students and advocates through statehouse hallways chanting a mnemonic for our legislative ask for bullying prevention: “Naming! Training! Reporting! Funding!” GLSEN’s advocacy regarding bullying-prevention law and policy has always focused on a core set of critical provisions that we believe to be vital to bridging the gap between legislation and improved student experience, including naming protected categories, including sexual orientation and gender identity/expression; training provisions for educators on the issues; and reporting requirements to hold schools accountable for progress. And, of course, funding for these stipulated mandates to facilitate implementation. With this study, we can take a look back to see how broadly that call resounded. Through an exhaustive survey of existing district policy at a distinct moment in the history of the Safe Schools Movement, From Statehouse to Schoolhouse examines the presence and content of policies and the role that state-level governance and guidance play in having districts enact such policies. Further, the report provides additional evidence that good district-level policies can make a difference in the daily school life of our LGBT youth. Victories are events. Change is a process. This study is part of GLSEN’s on-going commitment to mapping the relationship between the two. For those of us in this for the long haul, it is good to know that we remain on the right track. Eliza Byard, PhD Executive Director GLSEN From StatehouSe to SchoolhouSe vii Acknowledgments The authors wish to acknowledge current and former GLSEN Research team members who helped with this study. We are indebted to the consultants, interns, and GLSEN Chapter members who helped with the enormous task of collecting anti-bullying policies from all U.S. school districts: Kendra Brewster, Kathryn Conkling, JohnCarl Denkovich, Maria Garcia, Joseph Heymann, and Anne Jonas. We would also like to thank former Senior Research Associate, Elizabeth Diaz, who helped with the development of the study, and former Research Assistant, Mark Bartkiewicz and Research Associate, Maddy Boesen for their assistance with data collection. We also thank Noreen Giga, GLSEN Research Associate, for her keen proofreading and valuable feedback on the report. We would also like to acknowledge GLSEN’s Public Policy Department for their assistance with collecting state level documents and for their technical guidance on anti-bullying legislation and policy. We would also like to thank the public school districts, state departments/boards of education, and school boards associations that provided us with the necessary documents that were essential to conducting this study. Finally, we are indebted to Eliza Byard, GLSEN’s Executive Director, for guidance and feedback throughout this project and for her unwavering support of GLSEN Research.