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Teenagers in Tennessee who are found guilty of bullying or cyberbullying could have their drivers’ licenses suspended for a year under a new state law that went into effect on Tuesday.
Supporters hope the law will deter young people from bullying by letting them know they could lose a coveted privilege. But critics questioned whether it would actually make teenagers think twice about their behavior.
“Certainly what we know from adolescent development is adolescents don’t necessarily connect long-term consequences with their behavior in the moment,” said Susan M. Swearer, chairwoman of the department of educational psychology at the University of Nebraska-Lincoln and a director of the Bullying Research Network. Research shows psychological interventions are more effective than punishment at stopping bullying, she said.
State Representative Lowell Russell, a Republican who sponsored the legislation in the Tenneseee House, said he got the idea from a constituent whose son was being bullied in school and who felt the school was not taking action to stop it. Mr. Russell said he was also disturbed by news reports of bullying victims growing up to commit acts of violence or dying by suicide.
“My hope is it will save lives and prevent people from getting hurt because when they’re bullied in the K-to-12 grades, that has long-term mental health effects,” Mr. Russell said.
Gov. Bill Lee, a Republican, signed the bill into law in April after the Tennessee House passed it by a vote of 85 to 10 and the State Senate by a vote of 26 to 0. It expands on a measure that Tenneseee lawmakers passed last year that defined bullying and cyberbullying as distinct offenses under the state’s laws against harassment.
The punishment of a license suspension “puts some teeth to that,” said State Senator Adam Lowe, a Republican who supported last year’s law and the new measure. Unlike fines, which tend to be paid by parents, a driver’s license “is traditionally important to teenagers,” Mr. Lowe said.
The law requires Tennessee judges to suspend the license — or the ability to obtain a license — for one year for anyone under 18 who is found in juvenile court to have committed harassment by bullying or cyberbullying.
Judges would have the option of granting first-time offenders restricted licenses that would allow them to drive to school, work and religious services, but not to social events or extracurricular activities.
To get a restricted license, a teenager would have to obtain a certified copy of the judge’s order and then present it within 10 days to the state and pay a $20 application fee.
Dr. Swearer of the Bullying Research Network said that most cases of bullying are handled by schools, not by the courts, so it was unclear how many teenagers might actually be affected.
April Meldrum, a former juvenile court judge and a law professor at Lincoln Memorial University in Knoxville, Tenn., said judges already have broad authority to craft sentences that they deem to be in the best interest of a delinquent child.
Teenagers found guilty of bullying could be placed on probation and required to perform community service, receive counseling or pay a fine, she said. Judges could also restrict their driving privileges, she added.
“My concern with this statute is it mandates a specific sentence in all cases against only a really narrow category of offenders,” Professor Meldrum said.
Rather than strip judges of their authority to impose sentences based on the facts of a particular case, the state should “let them actually dig into what’s wrong with that child” in an effort to help rehabilitate a youthful offender, Professor Meldrum said.
Terry A. Maroney, a professor at Vanderbilt Law School, said that even if a judge were to grant a teenager a restricted license, a busy family may not be able to obtain it within 10 days, as the law requires. That could make it impossible for teenagers to travel to school or work, which could make their behavior worse, Professor Maroney said.
The law “sounds rational, and it sounds like something that kids might pay attention to, and it sounds like something that might be helpful in reducing bullying, which we all care about,” she said. “But as a practical matter, I think it will not.”
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