Running head: NICENESS IS PRICELESS 1

Niceness is Priceless: A Study on Bullying in Schools

Lucas S. Hallauer

First Colonial High School: Legal Studies Academy

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Abstract

This paper examines teen life down to miniscule details that often may not seem relevant.

However, these details could be the deciding factor of life or death for an easily impressionable

teen who does not see the bigger picture of their life. While writing this paper, I remembered

many of my own personal experiences throughout high school, and in a way, this paper showed

me a side of my own high school that I had never seen before. Now you may think that it showed

me the faults in my school system, the tragic cases of bullying and violence that are witnessed

everyday, but in reality it showed me the progress that has been made throughout the many years

that Virginia Beach City Public Schools has been serving as a school district. And although it

still has many miles left to run on this almost never-ending marathon, the finish line is just barely

in sight. This paper describes how schools can get to that finish line, and how federal and local

government can give schools a hand in doing so. And while it may not be easy to do so, many

individuals have shown major dedication to the issue and the author of this paper is no different.

The author talks about the consequences of bullying in schools and the many legal ramifications

that students face in the heat of the bullying epidemic, it dives into the mind of a reformed bully

and gives a detailed description of a court case and the important ruling that the court made.
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Niceness is Priceless: A Study on Bullying in Schools

Teens. Our future presidents, shop owners, celebrities, farmers, the new American

society. They have great potential, but at what cost do they succeed? With mental health risks

and the possibility of losing friends or loved ones to overwhelming sadness and depression, teens

are 15% more likely to suffer from mental health issues than any other age group ​(Center for

Discovery, 2016). ​Ask any teen and they will confirm it: verbal abuse is a fact of teen life. A

majority of stress thrust upon students is due to the anxiety of what happens to them at school.

Everyday, more than 160,000 students skip school out of fear of being bullied (Olweus, 2001). I

witnessed it this morning; a student making a snarky remark about the clothes that another

student is wearing, and while it was not the cruelest thing that he could have said, the other

student was obviously hurt by the comment. This one comment could have a permanent effect on

him. Students who are affected by bullying may experience mental illnesses and fall behind in

their schoolwork, and those who bully others need be punished for their actions accordingly;

however, the legal ramifications in place today are not enough to deter a bully from carrying out

the dreadful act.

Background of Bullying: A Brief History

Bullying is defined as “a willful, conscious desire to hurt another or put nim/her under

stress” (Olweus 2001). According to Olweus (2001) common elements of behavior include

“harsh teasing, constant criticisms, insults, gossips, and unreasonable demands.” Victims face

injury with repeated attacks that they are unable to defend themselves against. Throughout time,

technology has increased, and with this evolution of technology, comes an easier and more

efficient way to harass others (Olweus, 2001). Almost everybody has a smart phone these days,
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and with this new technology, comes a new power that teens are still growing accustomed to.

The well known Spider-man quote got it right: “With great power comes great responsibility.”

This technology and power that can be used to stay in touch with family and friends is also being

used to communicate cruel messages to other people (Hunter, 2012). The question then becomes,

“why would somebody do this?” According to Ken Rigby in his book ​Stop the Bullying: A

handbook for schools​, bullying is fueled by the desire to hurt others or cause them overwhelming

stress. One factor that contributes to bullying immensely is the distribution of power. This means

that those who bully have a greater amount of power than the victims. This is including, but not

limited to physical excellence, verbal skill, manipulation, social status, and supposed hierarchical

authority. This supposed hierarchical authority is the thought that being a senior in high school

gives a person authority over someone who is in a lower grade (Rigby, 2001). In the book

Bullying Under Attack​, a series of short true stories written by bullies, victims, and bystanders,

Michael Ortiz examines his middle school years and how he became feared and respected by his

peers. He says,

I like to say that, knowing the mind of a bully, there are actually three kinds: the bully

who doesn't know what he’s doing, the bully who knows and cant stop it, and the bully

who knows and doesn't want to stop it. I was the third one; I didn't want to stop ridiculing

my peers because of the power. It’s intoxicating to have so many people fear and respect

you. The more people I bullied, the more grandiose I seemed to become. Granted, I hated

myself. I always had issues with my identity, I felt self-conscious about my appearance,

and I worried constantly about problems at home. It’s a paradox really. Bullies truly hate

themselves. And it’s this hate that makes the power of bullying so alluring, because in a
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twisted way, instilling fear in others replaces the hate for oneself. ​(Meyer, Meyer,

Sperber, & Alexander, 2013)

Ortiz then goes on to explain how he began to lose friends and how people began

standing up to his actions. He talks about how he spent the rest of his year trying to be a nicer

person, and while many of his friends came back and stood beside him as he walked the path of

reform, many did not and still have not talked to him to this day. He finally explains that being a

nicer person is overall more beneficial to his mental stability, and that although he is

embarrassed about that part of his life and he will forever identify as a reformed bully and

bullying advocate (Meyer, Meyer, Sperber, & Alexander, 2013).

Bullying in Schools

Behavior In School

Schools and school districts put a big emphasis on students’ behavior within the school

building. The expectations for student behavior are set high, and most students live up to those

expectations. However, the problem is not how high the expectations are set, but the

consequences that will occur if the expectations are not met. Most schools handle issues on a

case to case basis and do not have a generalistic punishment. On top of that, punishments are

very rarely laid out well in a schools code of conduct. They usually have some degree of

uncertainty and give administration most of the decision making power. A good example of this

would be the First Colonial High School code of conduct. While the code of conduct does state

that, “The following acts are prohibited; two or more bodies striking against each other for the

purpose of causing bodily harm, threatening, posturing to fight, incitement/instigation, physical

abuse, gang activity, bullying and cyberbullying,” it does not state what the consequences for
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these offenses will be. It also goes on to address discrimination while in the school building but

does not provide a punishment for those things.

Behavior Outside of School

Bullying is not limited to that of physical and verbal abuse while inside the school’s

corridors. It can also occur through various forms of cyberbullying, abuse at local restaurants or

meeting places, or fights and altercations on school buses or walking home from schools. These

cases are often more difficult to qualify as a distraction to the learning environment because they

do not happen on campus (Hunter, 2012).

Punishment.​ The punishment for behavior outside of schools can often be lenient

because schools must provide evidence that the behavior outside the school is affecting a

student’s performance in school. This issue is still being battled in courts today and many cases

have differing opinions on the solution. While some cases decide that anything that occurs

between two students in the same school or school district in or outside of schools is grounds for

punishment, other cases decisions are quite the opposite, stating that altercations that occur

outside of school between two students are not the responsibility of the school and therefore

unpunishable (Hanks, 2012)

Kowalski v. Berkeley County Schools. ​A case that was very important in deciding the

fate of students who bully others outside of school or online was​ Kowalski v. Berkeley County

Schools.​ This case involves Kara Kowalski, who created a MySpace page called S.A.S.H. Kara

testified that the acronym stood for ​Students Against Sluts Herpes​, but another student said it

meant ​Students Against Shay’s Herpes. ​This page was dedicated to sharing many edited pictures

of another student named Shay. She was edited with red dots on her face and a sign around her
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pelvic region that read “Enter at your own risk.” Shay’s parents were very upset by this, and after

contacting Kowalski’s parents and confronting them to no avail, they went to the school to ask

for help in addressing the issue. The school agreed with the parents and in turn suspended

Kowalski for 10 days, with an additional 90 days of social suspension, preventing her from

attending after-school activities and school events (Hanks, 2012).

Kowalski then claimed that the school violated her First Amendment right to free speech

and her Eighth Amendment right against cruel and unusual punishment. The court eventually

ruled in favor of the schools, citing the schools code of conduct, which specifically laid out the

rules and intended punishments for these offenses (Hanks, 2012).

Effect of Bullying

Bullying can have permanent effects on a teen’s mental health that last throughout high

school and for the rest of their lives. Crippling mental disabilities can come into play due to

overwhelming fear, anxiety, and overall sadness. Bullying, however, does not only affect the

students in the direct altercation. It can lead to school violence and mass shootings due to an

overall hatred of the student population and the overwhelming urge to make the other students

feel how they feel. It can also affect a victim’s family. If the pain gets too much for a victim to

handle, they may result to self-harm and eventually suicide, leading the family into despair that

could eventually lead to depression of their own.

Depression and Anxiety

Depression is defined as “a common mental disorder that presents with a depressed

mood, loss of interest or pleasure, feelings of guilt or low self esteem, disturbed sleep or appetite,

low energy, and poor concentration” (Greenberg, 1989).

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Diagnosis. ​While some people may experience one or more of these things from time to

time, it takes a medical professional to actually diagnose someone with depression. It does not

happen quickly either. Depression must be diagnosed over a two week period, in which the

patient is observed for signs of depression such as, a depressed mood for most of the day, weight

loss or weight gain, changes in appetite, or increased desire to sleep everyday or almost

everyday. Another major red flag would be thoughts of suicide or an actual suicide attempt. Dr.

Richard Greenberg, who has been studying bullying and depression for many years, writes about

some of the causes for depression in teens, “Living with depressed parents and other relatives,

family criticism or setting unreasonably high goals, teasing or rejection by friends, physical and

emotional immaturity, failure to learn or progress in schools, or negative connotation with

sexuality” (Greenberg, 1989).

Depression and sexuality. ​Negative connotation with sexuality is a major issue in

schools in the current political environment. While the student body’s desire to continue as a

uniform group is decreasing slightly, many students still feel the need to fit in and stay within the

box. Many members of the LGBTQ+ community face rejection, isolation, verbal harassment and

physical violence at home, school, and many public places. Often, these youth face an increased

risk of medical and psychological problems, caused not by their sexual orientation, but society's

extremely negative reaction to it (Savin-Williams, 1994).

Treatment. ​Most treatments for this illness must be prescribed by a medical professional,

which is why it is so important to be diagnosed. Treatments can range anywhere from

antidepressant medication and counseling to hospitalization. There are also some alternative
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routes of treatment, such as acupuncture, yoga, meditation, and other common stress relieving

activities.

Suicide

Suicide is one of the most drastic consequences of bullying in school. One instance of

this is the cas of Gabby Cazares. She ended her own life because of other students at her school.

Gabby had a medical condition that made her lose her hair, which resulted in her wearing wigs to

school. One day a rumor spread that students were going to pull her wig off. Gabby was scared

and rushed into the bathroom crying, and was followed by a group of girls that were giggling and

calling her names. After she texted her mom to come pick her up, she stormed out of the

bathroom, into the hall and ripped off her wig. Now hysterically crying, she asked the small

crowd that had formed “Is this what you wanted to see?” Later that month something similar

happened and she asked her mom to come pick her up. This time she went home and went to bed

right away. Later, Gabby’s mom went to go check on her and she was no longer in her room;

however, the window was open. They went outside to look from her, and found her body

hanging from the tree in the backyard. When told the news of Gabby’s death, students and

parents were outraged. Parents flocked to the school board meeting, begging that something be

done before bullying claimed the lives of their own children. Gabby’s mother claimed that

Gabby was also bullied at her old school, but when concerns were brought to the administration,

the bullying stopped almost immediately; however, this was not the case at the current school.

When Gabby’s mother went to the administration of this school, nothing was done and it resulted

losing her daughter. The police department conducted an investigation, but results came back

inconclusive.
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Signs and warnings. ​So how would someone notice if a loved one is depressed or having

suicidal thoughts? Keep an eye out for withdrawal from friends and family, sadness and

hopelessness, lack of interest in previous activities or what is going on around them, physical

changes such as a lack of energy, different sleeping patterns, change in weight or appetite, loss of

self esteem, negative comments about self worth, bringing up death or suicide in discussions,

previous suicide attempts, or getting personal affairs in order, such as giving away personal items

(Greenberg, 1989). Another cause of teen suicide is “romantic suicide,” the type depicted in

movies and books. These books and movies trick the audience into thinking romantic suicide is

tragically beautiful when it is actually sad and messy. Many people think it would act as a form

of payback to those who hurt them, and while this may be the case at some points, many times

the people who they viewed as their bullies did not even know that their actions affected the

victims to that extent, and assume that they were not the cause (Greenberg, 1989).

Manslaughter charges. ​In 2017, Michelle Carter was found guilty of involuntary

manslaughter in the death of 18 year old boy Conrad Roy. Several text messages were found on

her phone, convincing him to take his own life and repeatedly telling him that his family would

get over it. She was also on the phone with him as he sat in a car full of carbon monoxide and

took his final dying breaths. After his death, she texted one of her friends and expressed her fear

that she would be held responsible for his death. Michelle claims that they were romantically

involved, leading some to believe that she was trying to increase her social status at school by

turning herself into the grieving girlfriend. This case was a turning point for the widespread issue

of suicide due to bullying and other cases similar to this one. Many bullying advocates hope that
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this case serves as a precedent for other cases in the future to prevent students from teasing their

classmates or making jokes that could wind them up in prison ​(Riben, 2017).

School Violence

School violence is not only the act of physical fights in school but also the urgently

increasing problem of school shootings. Fighting in schools is one of the most commonly

misinterpreted aspects of life in high school. Movies and T.V. shows glorify them, making them

seem dramatic and fun to witness; however, many in-school fights root from verbal or physical

abuse that has been occurring for quite some time. This is widely due to the increasing bullying

epidemic and the wave of uniformity that many students feel is necessary for acceptance into

teenage society. Mass shootings can also be caused by bullying in schools. The most recent

example of this is the school shooting that occured in Santa Fe, Texas. The father of the teen

shooter claims that the motivation for his massacre was the excruciating bullying that he endured

while he was a student at the school. A woman who wanted to remain anonymous claimed that

she saw the shooter at a festival just a few days before dancing and having fun. The community

believed that he was a happy and healthy teenager, which leads to suspicion that something must

have thrown him over the edge. While the bullies may have thought they were only affecting the

lives of that one kid, they did not know what that one kid would do to the lives of others, and

unfortunately, it cost them 10 of their peers lives to figure that out (Cerullo, 2018).

What Now?

Being informed about the issue is not enough. Knowing everything about the issue does

not make the issue disappear. Action needs to be taken to prevent it and more specifically, legal

action needs to be taken in order to prevent such tragic events from ever happening again. There
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has been some legal action already taken, but not enough specifically attacking the issue of

bullying, which is currently being fought on the state and national level.

Current Legislation

There is some current legislation in place that gives very little specificity to the issue and

does not inform the public on who is responsible in the event of a bullying incident: the bully or

the school district. Much current legislation states that the school is not allowed to discriminate

or seperate students but does not give any information on things that the school must inform the

students of.

Title IX of the Education Amendments. ​This a federal law that prohibits discrimination

on the basis of sex in any federally funded education program or activity. While helpful when

students are attempting to join clubs or teams that are historically advertised to one gender, it

does not help much when a student bullies one of their peers based on that very same principle. It

also does not cover the wide variety and scope of the differences that may affect the student body

at any given school district. This law is also quite outdated, considering the fact that it was

ratified in 1972 and the definition of sex and gender identity has changed quite a bit ​(United

States Department of Justice, 2015).

Title VI of the Civil Rights Act of 1964. ​This law states that no person should be

discriminated against on the basis of race, color, and national origin in programs and activities

receiving financial grants and aid. It was implemented in 1964, during the Civil Rights

movement after John F. Kennedy said; “​Simple justice requires that public funds, to which all

taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which

encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.”

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While this law does cover more scope than that of the Education Amendments, it still does not

necessarily cover the topic of bullying (United States Department of Justice, 2016).

Code of Virginia § 22.1-279.6. ​This local regulation states the guidelines and rules for a

school districts code of conduct and gives the requirements and certain criteria for the

punishments to be laid out in the schools code of conduct. This code outlines that school districts

must include the requisites for the removal of a student from class, and the use of suspension,

expulsion, and exclusion from certain activities. It also requires that all school districts in

Virginia to strictly prohibit bullying and any online activity that could lead to bullying or

harassment. It also includes the standards of training for school personnel and resource officers

should they encounter any student offenses or violation of the policies of the district ​(Virginia

Board of Education, n.d.).

Pending Legislation

The increased awareness of the issue has allowed for many representatives to come up

with new and improved ways to combat the prevalence of bullying. Politicians are working on

state and federal levels to solve the problems that face our communities youth. In the Virginia

General Assembly, delegates and specifically Delegate Landes are working hard to approve

mandated training for School Resource officers, threat assessment team members, and school

personnel. They also are working to implement of annual statewide school climate surveys and

realigning the responsibilities of school counselors to allow them time to provide the much

needed counseling that schools are currently lacking ​(S. Landes, personal communication,

November 9, 2018).​ There are also a few bills being proposed to Congress that address the issue

differently than the general assembly’s plans. They are as follows:

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Bullying Redress and Verified Enforcement Act. ​This new bill, introduced by US

Representative Matt Cartwright, would address bullying behavior within schools. It would

require school personnel to report acts of bullying to the federal government in order to increase

the school’s awareness of the problem and invoke change within the schools system. Requiring

school districts to keep this records will allow students to acknowledge that the district has a

tendency to ignore bullying in its schools and allows parents and students to hold a district

accountable for bullying in school or any ramifications of bullying should the school district not

comply with the bill (Press Release, 2016). Since the writing of the bill in 2016, the bill has been

introduced to the House of Representatives where it was then referred to the committee on

Education and the Workforce, and shortly after that referred to the subcommittee on early

childhood, elementary, and secondary education ​(Congressional Research Service, 2018)​1​.

Anti-Bullying and Harassment Act of 2018. ​This new legislation is very important for

bullying in schools. It was introduced by US Representative Danny Davis. It requires that

schools put into place a complaint system for students and parents to report incidents of bullying

that they or their child may have experienced. It also makes it mandatory that schools notify

students and parents about the intended consequences of school bullying and allows local

educational agencies to use sub-grants to help prevent bullying. It also allows these sub-grants to

be used on punishments for bullying and harassment ​(Congressional Research Service, 2018)​2​.

A More Effective Code of Conduct

A strong code of conduct must have a strong anti-bullying policy so that schools are a

safe space for students to learn and grow at their own pace. According to Ken Rigby in his

handbook to help schools stop the bullying epidemic, a good anti-bullying policy must start with
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a strong and concise anti-bullying statement, that expresses the school or school district’s

opinion on bullying. It should also include a definition, and possibly inclusion of illustrations.

Finally and arguably most importantly, it should include a description of the consequences of

bullying. The handbook recommends counseling practices, meeting with parents, and in extreme

cases, suspension (Rigby, 2001).

Conclusion

Bullying is a major issue that affects teens in America every single day. It can cause

mental health issues that with stick with a person for the rest of their lives. This issue has other

major consequences as well; from suicide to mass shootings, teen deaths are increasing

horrifyingly rapidly. Suicide takes the lives of almost 50,000 Americans every year, and suicide

is the 3rd leading cause of death for Americans aged 15 to 24 ​(Suicide Awareness Voices of

Education, n.d.). Parents need to continue trying to make their kids the sweetest and nicest kids

they can be. Reformed bully Michael Ortiz shared this quote about his experiences. ​“Being a

bully doesn't make you scary; it makes you worthless” ​(Meyer, Meyer, Sperber, & Alexander,

2013). For teens who face the problem every day at school, they need to remember that nothing

anyone says should be able to affect their lives to such a great extent that they want to end it, and

that overall, niceness is priceless.

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References

Center for Discovery. (2016, November 9). Why today's teens are more depressed than ever.

Retrieved December 13, 2018, from

https://centerfordiscovery.com/blog/todays-teens-depressed-ever/

Cerullo, M. (2018, May 22). Santa fe school shooter’s father says bullying led to mass shooting.

New York Daily News​. Retrieved from

https://www.nydailynews.com/news/national/santa-fe-school-shooter-father-son-bullied-a

rticle-1.4003263

Congressional Research Service. (2018). All information (except text) for h.r.6148 - brave act.

Retrieved from Congress.gov website:

https://www.congress.gov/bill/115th-congress/house-bill/6148/all-info

Congressional Research Service. (2018, June 28). Summary: H.R.6279 — 115th congress.

Retrieved December 18, 2018, from Congress.gov website:

https://www.congress.gov/bill/115th-congress/house-bill/6279

DeGeneres, E., Sedaris, D., Gunn, T., & Cunningham, M. (2012). ​It gets better​ (D. Savage & T.

Miller, Eds.). PLUME.

NICENESS IS PRICELESS 17

Egendorf, L. K. (Ed.). (2001). ​Violence: Opposing viewpoints.​ Greenhaven Press.

Espejo, R. (Ed.). (2008). ​At Issue: Should social networking web sites be banned.​ Gale.

Evans, P. (2003). ​Teen torment: Overcoming verbal abuse at home and at school.​ Avon, MA:

Adams Media.

Goldstein, P. K. (2013). ​How to stop bullying in classrooms and schools: Using social

architecture to prevent, lessen, and end bullying​. New York City, NY: Routledge.

Hanks, J. C. (2012). ​School bullying: How long is the arm of the law?

Hernandez, R. E. (2005). ​Teens and the media.​ Broomall, PA: Mason Crest.

Hunter, N. (2012). ​Cyberbullying.​ Chicago, IL: Heinemann Library.

Landes, S. (2018, November 9). [E-mail interview by the author].

Meyer, S. H., Meyer, J., Sperber, E., & Alexander, H. (Eds.). (2013). ​Bullying under attack: True

stories written by teen victims, bullies, and bystanders​. Deerfield Beach, FL: Health

Communications.

Olweus, D. (1986). ​Bullying at school: What do we know and what can we do?

Perdew, L. (2015). ​Bullying​. Minneapolis, MN: Abdo.

Piehl, N. (Ed.). (2009). ​Social Issues Firsthand: Bullying.​ Gale.

Press Release. (2016, September 9). Cartwright introduces legislation to protect our children

from bullying, ensure school districts are on notice. Retrieved December 18, 2018, from

Congressman Matt Cartwright: 17th District of Pennsylvania website:

https://cartwright.house.gov/media-center/press-releases/cartwright-introduces-legislation

-to-protect-our-children-from-bullying
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Riben, M. (2017, June 20). Guilty of manslaughter: Suicide by bullying. Retrieved December 19,

2018, from Huffington Post website:

https://www.huffingtonpost.com/entry/guilty-of-manslaughter-suicide-by-bullying_us_59

48a142e4b0961faacbe661

Rigby, K. (2001). ​Stop the bullying: A handbook for schools​.

Rose, D. M., & Pierce, V. L. (Eds.). (2012). ​Bullying: Analyses of state laws and school policies.​

Nova Sciences.

Savin-Williams, R. C. (1995). ​Suicide​ (R. E. Long, Ed.). New York: H.W. Wilson.

Sailor, C. (2018, May 15). Lakewood teen bullied to death, family says: Parents at school call for

district to act. Retrieved November 28, 2018, from The News Tribune website:

https://www.thenewstribune.com/news/local/article210754664.html

Suicide Awareness Voices of Education. (n.d.). Suicide facts. Retrieved December 19, 2018,

from Save.org website: https://save.org/about-suicide/suicide-facts/

United States Department of Justice. (2015, August 7). Overview of title IX of the education

amendments of 1972. Retrieved December 18, 2018, from

https://www.justice.gov/crt/overview-title-ix-education-amendments-1972-20-usc-1681-e

t-seq

United States Department of Justice. (2016). Title VI of the civil rights act of 1964. Retrieved

from United States Department of Justice website:

https://www.justice.gov/crt/fcs/TitleVI-Overview
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Virginia Board of Education. (n.d.). Board of education guidelines and model policies for codes

of student conduct; School board regulations. Retrieved from LIS website:

https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-279.6/