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Federal and state laws exert an important influence on the education of students with emotional and behavioral disorders. The most important of these laws is the Individuals with Disabilities Education Act. States and school districts must adhere to the requirements of IDEA when educating students with disabilities in special education programs. In addition to IDEA, other federal and state laws also affect special education programs for students with EBD. Two other important areas are laws that address (a) supervisory responsibilities of teachers of students with emotional and behavioral disorders and (b) issues of bullying in schools. The purpose of this chapter is to provide an overview of Individuals with Disabilities Education Act, and to examine the ways that this and other important laws affect the education of students with EBD and their teachers.

The purpose of this chapter is to examine selected state laws regarding cyberbullying. The advances in technology have allowed bullying to take an online form, where bullies can remain anonymous and access their targets 24 hours a day. The online bullying has left school leaders in a legal dilemma as to how and when to address an incident that occurs off school grounds. The laws which guide school leaders are found at the state level. The major inconsistencies between state laws are illustrated in this chapter. The findings in recent research reveal that some state bullying laws define specific terms such as electronic communication, and intimidation, and harassment. Some state laws provide a detailed protocol for how teachers and administrators should report and handle online bullying that has an impact on the school environment. However, some states leave developing a protocol up to individual school districts. The varying school cyberbullying laws and policies mean that leaders across the United States do not have a unified way to handle issues originating off-campus. However, school leaders should have a comprehensive policy which helps to address cyberbullying issues. This chapter includes a critical examination of current laws in the states and a review of proposed federal statutes presently stalled in the U.S. Congress.

While there are myriad legal issues confronting school leaders, the focus on the complexities involving special education law and bullying has increased recently. The U.S. Department of Education wrote in a 2014 “Dear Colleague Letter” (Guidance) that its office “has received an ever-increasing number of complaints concerning the bullying of students with disabilities and the effects of that bullying on their education, including on the special education and related services to which they are entitled” (p. 1). The Guidance as well as recent litigation illustrates how plaintiffs have alleged violations under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act when students with disabilities are bullied in schools. In this chapter, after discussing the related literature and the legal context, we examine several illustrative recent cases and the 2014 Guidance to highlight the relevant issues for school leaders. We conclude with recommendations and emphasize that school leaders must become knowledgeable about this emerging legal topic. Specifically, with a greater understanding of how they can prevent and respond to the bullying of students with disabilities, school leaders have the power to make great social change within schools.

This paper aims to consider modern internet phenomena such as cyberbullying and cybermobbing. The emphasis in the paper is placed on the problematic issues of the legal practice of combating cyberbullying and cyber-mobbing in developing countries as these phenomena are still insufficiently studied. The subject of this paper is modern internet phenomena such as cyberbullying and cyber-mobbing. The emphasis in the paper is placed on the problematic issues of the legal practice of combating cyberbullying and cyber-mobbing in developing countries as these phenomena are still insufficiently studied.

The legislation of developing countries is compared with doctrinal and practical developments in the fight against the studied problem in developed countries of the West, as well as countries of the former USSR. Moreover, experiment was conducted to determine the effectiveness of methods to combat cyberbullying using social networks. Thus, 40 random accounts of people (presumably from 18 to 30 years old) were analyzed.

This paper indicates the concepts of cyber-mobbing and cyberbullying, as well as their varieties that exist in the modern world. This study examines statistical data, programs and measures of different states in the fight against cyberbullying and cyber-mobbing. Results of experiments showed that Instagram users are aware of the availability of built-in extensions of the social network to protect against cyberbullying and use them relatively frequently. With that, female segment of Instagram users is more concerned about the content of the comments under their photos than the male one.

Measures have been developed to prevent and counteract cyberbullying and cyber-mobbing, the introduction of which into the policies of states might help in the fight against these social phenomena.

The purpose of this paper is to explore the extent to which mediation constitutes an appropriate and effective intervention in cases of alleged workplace bullying.

Data was collected from 25 practising mediators in New Zealand by way of semi-structured interviews. The transcribed data was analysed by way of thematic analysis using the software NVivo11. The features of bullying cases identified as potential concerns for mediation in the literature acted as a coding framework, alongside the analytical framework for assessing dispute resolution processes developed by John Budd and Alexander Colvin.

A thematic analysis of the data revealed four key features of bullying experiences that mediators believed influenced the efficacy of the mediation process: emotional stability of the parties; power imbalance between the parties; insight and differing interpretations; and the impact of organisational context. Further, the analysis revealed two strategies to overcome barriers to the efficacy of mediation: considering mediation as part of a broader range of dispute resolution processes; and encouraging early low-level mediation intervention.

This study only elicited the views of workplace mediators, many of whom were self-employed. Thus, the participants in the sample were likely to speak positively about the use of mediation. In part, this was helpful because the mediators spoke largely about how they made the process work allowing identification of techniques to improve the efficacy of mediation. However, future research is needed to explore the views of other parties, including parties to a bullying mediation, managers and/or human resources (HR) personnel.

Five recommendations for workplace mediators dealing with bullying cases are suggested: mediators should screen the emotional stability of the parties during the initial stages of the mediation; mediators should discuss with the parties the possibility and potential benefits of bringing along a support person; mediators should view their role more widely to influence the wider organisational contexts in which bullying occurs; informal mediation should take place before the escalation of a bullying experience; and mediators should consider completing an investigation prior to the start of the mediation.

Prior empirical studies on the efficacy of workplace mediation have not specifically investigated the use of mediation for bullying cases. This study addresses this gap in that it provides empirical support for the proposition that mediation in cases of bullying may only be appropriate under certain circumstances and that a flexible approach to mediation is required.

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to study ADR due to its high level of institutionalized individual workplace conflicts and its extensive workplace statutory regulation. Investigating the case of three Brazilian private companies of different sectors and sizes, I found that Brazilian companies are developing their own ADR practices, focusing on ombudsman offices (OOs), instead of using the mediation and arbitration methods that are predominant in the United States. I argue that the adoption of the ombudsman can be explained by institutional and workplace level factors, which include the characteristics of Brazilian industrial relations system, each company’s human resources (HRs) strategy, and the relationship between companies and unions. Furthermore, I discuss how the usage rate of the OOs might vary according to the OO’s internal structure and its functioning rules. The cases provide important insights for scholars interested in ADR in general and in Brazilian industrial relations system, as well as union leaders, HR managers, and other practitioners dealing with workplace conflicts globally.

According to the Centers for Disease Control and Prevention (CDC), the number of children diagnosed with autism has increased dramatically, especially over the past decade. Most recently, the CDC estimates that an average of one in 88 children have an autism spectrum disorder (ASD). In terms of numbers, this translates into approximately 730,000 people between the ages of 0 and 21 who have ASD. While the primary cause(s) of increases in the identification of autistic students continue to generate debate school officials across the nation need to be prepared for the changing legal landscape associated with children diagnosed with ASD. The primary purpose of this chapter is to provide a detailed legal/policy update of the leading legal considerations and concerns involving K-12 students with autism. The chapter will discuss four specific legal topics involving the identification and eligibility of K-12 students with autism. These four legal topics include: Changes in the New DSM-5 Diagnostic Manuel and its Impact on Legal Definitions of Autism; Insurance Reform and Autism Coverage: A Comparison of the States; Developing Legally Compliant Individualized Education Plans (IEPs) for High-Functioning Students with Autism, and; Recent Legal Developments in Case Law Involving K-12 students who are autistic. The chapter will conclude with a detailed discussion of how today’s school officials can become more legally literate and better serve the legal needs of students with autism in their schools.

The purpose of this paper is to examine the use of employee assistance programs (EAP) as a form of perceived organisational support (POS) to address workplace bullying (WB), from the perspective of employees who have been the victims of bullying.

Using an on-line survey, data were collected from 397 employees across a range of positions and industry sectors in Australia, who indicated they had been subjected to bullying.

The results of the study indicate that WB is rife, and although anti-bullying policies were in existence participants felt that these were mere tokenism. The level of POS and use of EAPs were considered to be inadequate and, interestingly, in some cases offered more support to the bully than the victim.

With the increased rate of WB, organisations are seeking different ways to address this. This study highlights that the ability of EAPs to provide support to employees in these circumstances appears to be limited. The findings suggest that if management wish to use EAPs to support employees in cases of WB, they must invest more in them.

This study seeks to extend research into the management of WB through EAPs and POS and posits that there is a high level of dissatisfaction with management’s response and support with regard to bullying incidents.

Current research provides an incomplete picture of the challenges facing human resource personnel (HRP) tasked with managing a workplace bullying complaint. The purpose of this paper is to provide a holistic model of the complaint management process in order to advance the theorising of HRP’s role in this important process, and the challenges they face in undertaking it.

Cases of workplace bullying heard before the legal system were analysed – a novel data source in research on workplace bullying. Thematic analysis was undertaken on the case determinations to identify the challenges HRP faced that prevented the resolution of the complaint.

The analysis indicated two key phases in the complaints management process with five associated challenges. The first two challenges were related to HRP’s ability to assess the substance of the complaint. HRP’s ability or inability to “sort out” conflicting accounts and to follow the process saw the complaint follow one of three “resolution pathways”. Three further challenges were associated with HRP communicating the outcome to the complainant. Failure to overcome these challenges left the complainant aggrieved at the unfairness in which their complaint had been handled – triggering legal action.

This paper draws on a novel data source to provide a holistic model of the complaint management process related to workplace bullying which details the various components and challenges related to HRP throughout the process. Alongside advancing theory, this research has practical value for improving HR practice.

Banter has been defined in the Oxford Dictionary as “the playful and friendly exchange of playful remarks” [www.merriam-webster.com/dictionary/banter]. This suggests that it is a form of dialogue or conversation that is welcome, non-threatening and appreciated by the recipient. However, this is often not the case, and the purpose of this paper is to consider the legal rules dealing with banter where it is threatening, unwanted or oppressive to the recipient. Where there is a discriminatory aspect to the banter, the protection provided under equality law will be considered. Banter can be directed at workers with different characteristics (e.g. disability, age, religion, sex, race or sexual orientation), and this paper will consider discriminatory banter whatever the basis. The different types of dialogues falling under the term banter will be analysed and the extent to which legal protection is in place to deal with it will be considered. The statutory legal rules dealing with harassment and bullying in the UK are the most relevant to controlling workplace banter and accordingly will be given primary consideration. Finally, recommendations will be made for improving both management practice and the law in this area.

The methodology used is a thorough review of secondary sources in the UK including relevant statutes and legal cases and research undertaken in this area.

There is a need for legislative change to protect victims of unwanted workplace banter.

Legal and managerial solutions to a complex problem.

Very few sources of primary research.

Highly original.