Legislating “Nice”

Back to School Night is a September tradition. We squeeze our adult bodies into little desks, wave awkwardly at neighbors in the hallways, and march around the school to learn about homework rules and cafeteria food. This Back to School Night was different. At Jonah's school, the principal showed up on the classroom TVs to describe the new anti-bullying laws in New Jersey. (Here's an NPR chat about it.) 

The principal was grim. He gave a twenty minute presentation on the new law, which takes an extremely hard-line on bullying. If a student is caught picking on another student, because of some perceived physical, sexual, ethnic, or neurological difference, the bully will have a permanent mark on his record. Schools are legally required to monitor this behavior, which can happen outside of school grounds or even on the Internet. 

Jonah attended school presentations on the topic. His school is particularly sensitive about bullying, because the Rutgers boy who killed himself after being mocked for being gay, had attended Jonah's middle school. 

At Ian's school, the principal of his special needs school was also alarmed. She viewed this law, which was clearly designed to help kids with neurological differences, as a potential landmine for our kids. Kids with neurological differences have no social filter and think nothing of going up to people to inform that they are overweight. Could their innocent social blunders be construed as acts of bullying?

The principals of both schools saw this law as a bureaucratic nightmare. 

Will this law be effective? Could it be challenged by Free Speech advocates? Won't smart, mean kids inflict pain in very subtle ways that wouldn't be picked up by this law? The silent treatment is a very effective method of bullying. 

Can good character be taught in schools without a draconian law? Clearly good character is important, not only for protecting weak kids, but also for the future success of all kids.