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Insider Stories: Tensions, Resistances, and Missed Opportunities in State LGBT-Inclusive Anti-bullying Policy

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Abstract

The small body of research exploring implementation of state anti-bullying law has noted that while many teachers and administrators report awareness of the law and an expectation for implementation, few report changes in the culture of their schools. Possible reasons for the disconnection between legislation and impact include policy and its implementation. Researchers have found substantial variation in the “fidelity of implementation of policy interventions for bullying” (Hall and Chapman 2018, p. 510). This study explores the implementation of LGBT-inclusive anti-bullying law in New York State through the stories of key participants in the Dignity Act Task Force, a statewide group selected to guide implementation. Participants perceived resistance from the New York State Education Department to developing Dignity Act implementation resources that engaged with LGBT inclusion in any meaningful way. While LGBT students were always listed among the law’s protected categories, implementation resources written specifically to address vulnerabilities and stigma experienced by LGBT students and families were generally dismissed as unnecessary.

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Notes

  1. To date, state-level education policies do not name the identity of “queer” as a protected category. LGBT is used throughout this paper for consistency. LGBTQ is used only when quoting works that use that acronym.

  2. The Dignity Act definition of gender includes gender identity and gender expression.

  3. See Payne and Smith (2013) for a full discussion of distinctions between school climate and school culture.

  4. The Queering Education Research Institute (QuERI) is an independent think-tank, qualitative research, teaching, and policy institute dedicated to bridging the gaps between research, practice, and policy in creating affirming schools for LGBTQ youth and families. Payne and Smith are Director and Associate Director. QuERI is currently housed at the City University of New York. Formerly housed at Syracuse University in upstate New York. QuERI was founded in 2006.

References

  • Ahmed, S. (2012). On being included: racism and diversity in institutional life. Duke University Press.

  • Anagnostopoulos, D., Buchanan, N. T., Pereira, C., & Lichty, L. F. (2009). School staff responses to gender-based bullying as moral interpretation: an exploratory study. Educational Policy, 23(4), 519–553.

    Article  Google Scholar 

  • Athanases, S. Z., & Larrabee, T. G. (2003). Toward a consistent stance in teaching for equity: learning to advocate for lesbian-and gay-identified youth. Teaching and Teacher Education, 19(2), 237–261.

    Article  Google Scholar 

  • Bansel, P., Davies, B., Laws, C., & Linnell, S. (2009). Bullies, bullying and power in the contexts of schooling. British journal of sociology of education, 30(1), 59–69.

    Article  Google Scholar 

  • Birkett, M., & Espelage, D. L. (2015). Homophobic name-calling, peer-groups, and masculinity: the socialization of homophobic behavior in adolescents. Social Development, 24(1), 184–205.

    Article  Google Scholar 

  • Carspecken, P. F. (1996). Critical ethnography in educational research: a theoretical and practical guide. New York: Routledge.

    Google Scholar 

  • CDC 2018. Anti-bullying policies and enumeration: an info brief for local education agencies. Retrieved from: https://www.cdc.gov/healthyyouth/health_and_academics/bullying/anti_bullying_policies_infobrief-basic.htm#2). Accessed September 2019

  • Clark, C. T. (2010). Preparing LGBTQ-allies and combating homophobia in a US teacher education program. Teaching and Teacher Education, 26(3), 704–713.

    Article  Google Scholar 

  • Connolly, L. (2012). Anti-gay bullying in schools—are anti-bullying statutes the solution? New York University Law Review, 87(April), 248–283.

    Google Scholar 

  • Curran, G., Chiarolli, S., & Pallotta-Chiarolli, M. (2009). ‘The C Words’: clitorises, childhood and challenging compulsory heterosexuality discourses with pre-service primary teachers. Sex Education, 9(2), 155–168.

  • Gilbert, J., Fields, J., Mamo, L., & Lesko, N. (2018). Intimate possibilities: the beyond bullying project and stories of LGBTQ sexuality and gender in US schools. Harvard Educational Review, 88(2), 163–183.

    Article  Google Scholar 

  • Gorski, P. C., Davis, S. N., & Reiter, A. (2013). An examination of the (in) visibility of sexual orientation, heterosexism, homophobia, and other LGBTQ concerns in US multicultural teacher education coursework. Journal of LGBT Youth, 10(3), 224–248.

    Article  Google Scholar 

  • Grissom, J. A., Kern, E. C., & Rodriguez, L. A. (2015). The “representative bureaucracy” in education: educator workforce diversity, policy outputs, and outcomes for disadvantaged students. Educational Researcher, 44(3), 185–192.

    Article  Google Scholar 

  • Hall, W. (2017). The effectiveness of policy interventions for school bullying: a systematic review. Journal of the Society for Social Work and Research, 8(1), 45–69.

    Article  PubMed  PubMed Central  Google Scholar 

  • Hall, W. J., & Chapman, M. V. (2018). The role of school context in implementing a statewide anti-bullying policy and protecting students. Educational Policy, 32(4), 507–539.

    Article  PubMed  Google Scholar 

  • Hall, W. J., & Chapman, M. V. (2018b). Fidelity of implementation of a state antibullying policy with a focus on protected social classes. Journal of school violence, 17(1), 58–73.

    Article  PubMed  Google Scholar 

  • Himmelstein, K. E., & Brückner, H. (2011). Criminal-justice and school sanctions against nonheterosexual youth: a national longitudinal study. Pediatrics, 127(1), 49–57.

    Article  PubMed  PubMed Central  Google Scholar 

  • Hubbard, J. (2010). Fifth gay teen suicide in three weeks sparks debate. ABC News. Retrieved from https://abcnews.go.com/US/gay-teen-suicide-sparks-debate/story?id=11788128. Accessed September 2019

  • Human Rights Campaign (2019). State maps of laws and policies: school anti-bullying. Retrieved from https://www.hrc.org/state-maps/anti-bullying. Accessed September 2019

  • Knotts, G. (2009). Undoing gender through legislation and schooling: the case of AB 537 and AB 394 in California, USA. International Review of Education, 55(5-6), 597.

    Article  Google Scholar 

  • Kumashiro, K. K. (2008). The seduction of common sense: how the right has framed the debate on America’s schools. Teaching for Social Justice. Teachers College Press.

  • Loutzenheiser, L. W. (2015). ‘Who are you calling a problem?’: addressing transphobia and homophobia through school policy. Critical Studies in Education, 56(1), 99–115.

    Article  Google Scholar 

  • Lumby, J. (2009). Leaders’ orientations to diversity: two cases from education. Leadership., 5(4), 423–446.

    Article  Google Scholar 

  • Macgillivray, I. K., & Jennings, T. (2008). A content analysis exploring lesbian, gay, bisexual, and transgender topics in foundations of education textbooks. Journal of Teacher Education, 59(2), 170–188.

    Article  Google Scholar 

  • Manzella, J. (2018). Are states winning the fight? Evidence on the impact of state laws on bullying in schools. Economics of Education Review, 64, 261–281.

    Article  Google Scholar 

  • Marshall, J. M., & Theoharis, G. (2007). Moving beyond being nice: teaching and learning about social justice in a predominantly white educational leadership program. Journal of Research on Leadership Education, 2(2), 1–31.

    Article  Google Scholar 

  • New York State Education Department (n.d.). The New York State Dignity for All Students Act (Dignity Act): a resource and promising practices guide for school administrators and faculty. Retrieved from https://www.nycourts.gov/ip/justiceforchildren/PDF/NYS%20Summit-Additional%20Resources/P5%20-%20SED%20Dignity%20for%20All%20Students%20Act.pdf. Accessed September 2019

  • New York State Office of the State Comptroller (2016). Implementation of the Dignity for All Students Act. Retrieved from: https://www.osc.state.ny.us/audits/allaudits/093018/16s28.pdf. Accessed September 2019

  • New York State Senate (n.d.) Article 2: Dignity for all students. Retrieved from https://www.nysenate.gov/legislation/laws/EDN/10.

  • NYSED (2008). Reporting violent and disruptive incidents. Retrieved from http://www.p12.nysed.gov/sss/ssae/schoolsafety/vadir/glossary08aaug.html. Accessed September 2019

  • Pascoe, C. J. (2013). Notes on a sociology of bullying: young men’s homophobia as gender socialization. QED: A Journal in GLBTQ Worldmaking, 1, 87–103.

    Google Scholar 

  • Payne, E., & Smith, M. (2012). Safety, celebration and risk: Educator responses to LGBTQ professional development. Teaching Education, 23(3), 265–285.

    Article  Google Scholar 

  • Payne, E., & Smith, M. (2013). LGBTQ kids, school safety, and missing the big picture: How the dominant bullying discourse prevents school professionals from thinking about systemic marginalization or… why we need to rethink LGBTQ bullying. QED: A Journal in GLBTQ Worldmaking, 1–36.

  • Payne, E., & Smith, M. (2015 unpublished). , New York State’s Dignity for All Students Act: Research and Recommendations by the Queering Education Research Institute. Symposium on the Implementation of the New York State Dignity for All Students Act. Convened by New York State Assembly Members O’Donnell, Nolan, and Glick. Roosevelt House Public Policy Institute, New York.

  • Payne, E., & Smith, M. (2018). Refusing relevance: school administrator resistance to offering professional development addressing LGBTQ issues in schools. Education Administration Quarterly.

  • Payne, E., & Smith, M. (2018b). Violence against LGBTQ students: punishing and marginalizing difference. In H. Shapiro (Ed.), Handbook on Violence in education: forms, factors, and preventions. Wiley Blackwell.

  • Rangarajan, N., & Black, T. (2007). Exploring organizational barriers to diversity: a case study of the New York state education department. Review of Public Personnel Administration, 27(3), 249–263.

    Article  Google Scholar 

  • Riccucci, N. M., & Van Ryzin, G. G. (2017). Representative bureaucracy: a lever to enhance social equity, coproduction, and democracy. Public Administration Review, 77(1), 21–30.

    Article  Google Scholar 

  • Ringrose, J. (2008). ‘Just be friends’: exposing the limits of educational bully discourses for understanding teen girls’ heterosexualized friendships and conflicts. British journal of sociology of education, 29(5), 509–522.

    Article  Google Scholar 

  • Ringrose, J., & Renold, E. (2010). Normative cruelties and gender deviants: the performative effects of bully discourses for girls and boys in school. British Educational Research Journal, 36(4), 573–596.

    Article  Google Scholar 

  • Russell, S. T., Horn, S., Kosciw, J., & Saewyc, E. (2010). Safe schools policy for LGBTQ students and commentaries. Social Policy Report, 24(4), 1–25.

    Article  Google Scholar 

  • Shor, I., & Freire, P. (1987). A pedagogy for liberation: dialogues on transforming education. Greenwood Publishing Group.

  • Terry, T. M. (2010). Blocking the bullies: has South Carolina’s Safe School Climate Act made public schools safer? The clearing house, 83(3), 96–100.

    Article  Google Scholar 

  • Ullman, J. (2018). Breaking out of the (anti) bullying ‘box’: NYC educators discuss trans/gender diversity-inclusive policies and curriculum. Sex Education, 18(5), 495-510.

    Article  Google Scholar 

  • Walton, G. (2010). The problem trap: implications of Policy Archaeology Methodology for anti- bullying policies. Journal of education policy, 25(2), 135–150.

    Article  Google Scholar 

  • Walton, G. (2011). Spinning our wheels: reconceptualizing bullying beyond behaviour-focused approaches. Discourse: studies in the cultural politics of education, 32(1), 131–144.

    Google Scholar 

  • Youdell, D. (2009). Lessons in Praxis: thinking about knowledge, subjectivity, and politics in education. In R. DePalma and E. Atkinson (Eds.) Interrogating Heteronormativity in Primary Schools: The No Outsiders Project. Stoke on Trent: Trentham.

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Correspondence to Elizabethe Payne.

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Payne, E., Smith, M. Insider Stories: Tensions, Resistances, and Missed Opportunities in State LGBT-Inclusive Anti-bullying Policy. Int Journal of Bullying Prevention 1, 231–245 (2019). https://doi.org/10.1007/s42380-019-00049-z

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