Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-25T22:39:43.408Z Has data issue: false hasContentIssue false

Administering New Anti-Bullying Law: The Organizational Field and School Variation During Initial Implementation

Published online by Cambridge University Press:  28 February 2022

Abstract

A 2011 New Jersey anti-bullying law required school personnel to make nuanced determinations about student violations, take on multiple new roles, and assume a high administrative burden. We examine how the state’s middle schools responded to the law during a period when standards for implementation among schools were unclear. We observe substantial variation between schools in their implementation approach and we identify two sources of this variation. First, parents, school district administrators and lawyers, state Department of Education staff, and private companies disseminated multiple, sometimes competing interpretations of the law and of bullying, to which school personnel were differentially exposed. Second, school personnel crafted their own implementation approach out of the varied interpretations from these organization field actors. In periods when legal standards are relatively settled, field actors often encourage conformity among organizations; in this case, by contrast, they contributed to variation in implementation. We argue that examining the on-the-ground interpretation of organization field meanings during unsettled periods may be particularly useful for understanding the trajectory of laws, as early variation provides the context in which organizational practices can become legal requirements.

Type
Articles
Copyright
© The Author(s), 2022. Published by Cambridge University Press on behalf of the American Bar Foundation

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

Associated Press. “Christie, Lawmakers Agree to Fix Anti-Bullying Law.” March 8, 2012. https://wfuv.org/content/christie-lawmakers-agree-fix-anti-bullying-law.Google Scholar
Berrey, Ellen. The Enigma of Diversity: The Language of Race and the Limits of Racial Justice. Chicago: University of Chicago Press, 2015.CrossRefGoogle Scholar
Binder, Amy. “For Love and Money: Organizations’ Creative Responses to Multiple Environmental Logics.Theory and Society 36, no. 6 (2007): 547–71.Google Scholar
Borck, Jonathan C., and Coglianese, Cary. “Beyond Compliance: Explaining Business Participation in Voluntary Environmental Programs.” In Explaining Compliance, Business Responses to Regulation. Edited by Christine Parker and Vibeke Lehmann Nielsen, 139–69. Cheltenham, UK: Edward Elgar, 2001.Google Scholar
Brank, Eve M., Hoetger, Lori A., and Hazen, Katherine P.. “Bullying.Annual Review of Law and Social Science 8 (2012): 213–30.CrossRefGoogle Scholar
“Bullying Paperwork a Burden for Schools.” Herald News, October 10, 2011.Google Scholar
Cobb, Jessica S.Inequality Frames: How Teachers Inhabit Color-Blind Ideology.Sociology of Education 90, no. 4 (2017): 315–32.CrossRefGoogle Scholar
Craig, Katrina, David, Bell, and Alan, Leschied. “Pre-service Teachers’ Knowledge and Attitudes Regarding School-Based Bullying.Canadian Journal of Education 34, no. 2 (2011): 2133.Google Scholar
Diamond, John B.Where the Rubber Meets the Road: Rethinking the Connection Between High-stakes Testing Policy and Classroom Instruction.Sociology of Education 80, no. 4 (2007): 285313.CrossRefGoogle Scholar
Diamond, John, and James, Spillane. “High-Stakes Accountability in Urban Elementary Schools: Challenging or Reproducing Inequality?The Teachers College Record 106, no. 6 (2004): 1145–76.CrossRefGoogle Scholar
Dobbin, Frank. Inventing Equal Opportunity. Princeton, NJ: Princeton University Press, 2009.CrossRefGoogle Scholar
Dobbin, Frank, and Kelly, Erin L.. “How to Stop Harassment: Professional Construction of Legal Compliance in Organizations.American Journal of Sociology 112, no. 4 (2007): 1203–43.CrossRefGoogle Scholar
Dobbin, Frank, and Sutton, John R.. “The Strength of a Weak State: The Rights Revolution and the Rise of Human Resources Management Divisions.American Journal of Sociology 104, no. 2 (1998): 441–76.CrossRefGoogle Scholar
Dobbin, Frank, Sutton, John R., Meyer, John W., and Richard, Scott. “Equal Opportunity Law and the Construction of Internal Labor Markets.American Journal of Sociology 99, no. 2 (1993): 396427.CrossRefGoogle Scholar
Edelman, Lauren B.Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law.American Journal of Sociology 97, no. 6 (1992): 1531–76.CrossRefGoogle Scholar
Edelman, Lauren B. Working Law: Courts, Corporations, and Symbolic Civil Rights. Chicago: University of Chicago Press, 2016.Google Scholar
Edelman, Lauren B., Abraham, Steven E., and Erlanger, Howard S.. “Professional Construction of Law: The Inflated Threat of Wrongful Discharge.Law and Society Review 26, no. 1 (1992): 4783.Google Scholar
Edelman, Lauren B., Erlanger, Howard S., and John, Lande. “Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace.Law and Society Review 27, no. 3 (1993): 497534.CrossRefGoogle Scholar
Edelman, Lauren B., Sally Riggs, Fuller, and Iona, Mara-Drita.Diversity Rhetoric and the Managerialization of Law.American Journal of Sociology 106, no. 6 (2001): 1589–641.Google Scholar
Edelman, Lauren B., and Suchman, Mark C.. “The Legal Environments of Organizations.” Annual Review of Sociology 23 (1997): 479515.CrossRefGoogle Scholar
Ewick, Patricia, and Silbey, Susan S.. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press, 1998.CrossRefGoogle Scholar
Grattet, Ryken, and Valerie, Jenness. “The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime.Law & Society Review 39, no. 4 (2005): 893942.CrossRefGoogle Scholar
Gray, Wayne B., and John T. Scholz. “Does Regulatory Enforcement Work-a Panel Analysis of OSHA Enforcement.” Law and Society Review 27, no. 1 (1993): 177214.CrossRefGoogle Scholar
Haedicke, Michael A. and Tim, Hallett. “How to Look Two Ways at Once: Research Strategies for Inhabited Institutionalism.” In Handbook of Qualitative Organizational Research: Innovative Pathways and Methods. Edited by Kimberly, D. Elsbach and Roderick, M. Kramer, 131–43. New York: Routledge, 2016.Google Scholar
Hallett, Tim. “The Myth Incarnate Recoupling Processes, Turmoil, and Inhabited Institutions in an Urban Elementary School.American Sociological Review 75, no. 1 (2010): 5274.CrossRefGoogle Scholar
Hallett, Tim, and Ventresca, Marc J.. “Inhabited Institutions: Social Interactions and Organizational Forms in Gouldner’s Patterns of Industrial Bureaucracy.Theory and Society 35, no. 2 (2006): 213–36.CrossRefGoogle Scholar
Harger, Brent. “You Say Bully, I Say Bullied: School Culture and Definitions of Bullying in Two Elementary Schools.” In Education and Youth Today. Edited by Besen-Cassino, Yasemin and Lorreta, E. Bass (Sociological Studies of Children and Youth, Volume 20), 95123. Bingley, UK: Emerald, 2016.CrossRefGoogle Scholar
Harger, Brent. “A Culture of Aggression: School Culture and the Normalization of Aggression in Two Elementary Schools.British Journal of Sociology of Education 40, no. 80 (2019): 1105–20.Google Scholar
Hutter, Bridget M. Regulation and Risk: Occupational Health and Safety on the Railways. Oxford, UK: Oxford University Press on Demand, 2001.CrossRefGoogle Scholar
Kelly, Erin L., and Frank Dobbin. “Civil Rights Law at Work: Sex Discrimination and the Rise of Maternity Leave Policies.” American Journal of Sociology 105, no. 2 (1999): 455–92.CrossRefGoogle Scholar
Migliaccio, Todd. 2015. “Teacher Engagement with Bullying: Managing an Identity within a School.Sociological Spectrum 35, no. 1 (2015): 84108.CrossRefGoogle Scholar
Mooney, John. “Anti-Bullying Bill of Rights: Day 1.” NJ Spotlight News, September 7, 2011a. https://www.njspotlight.com/2011/09/11-0906-2134.Google Scholar
Mooney, John. “New Jersey’s Anti-Bullying Law: Benefit and Burden.” NJ Spotlight News, November 3, 2011b. https://www.njspotlight.com/2011/11/11-1103-0238.Google Scholar
Mooney, John. “Despite New Guidelines, Anti-Bullying Law Still a Matter for the Attorneys.” NJ Spotlight News, December 21, 2011c. https://patch.com/new-jersey/southbrunswick/despite-new-guidelines-anti-bullying-law-still-a-matt56104b971a.Google Scholar
New Jersey Anti-Bullying Task Force. “Annual Report.” January 26, 2016. https://www.nj.gov/education/students/safety/behavior/hib/task/AnnualReport16.pdf.Google Scholar
New Jersey Department of Education. “Questions and Answers Anti-Bullying Bill of Rights Act.” 2012.Google Scholar
Paluck, Elizabeth Levy, Hana, Shepherd, and Aronow, Peter M.. “Changing Climates of Conflict: A Social Network Experiment in 56 Schools.Proceedings of the National Academy of Sciences 113, no. 3 (2016): 566–71.CrossRefGoogle ScholarPubMed
Parker, Christine, and Vibeke, Nielsen. “The Challenge of Empirical Research on Business Compliance in Regulatory Capitalism.Annual Review of Law and Social Science 5 (2009): 4570.Google Scholar
Reyes, Daisy Verduzco.Inhabiting Latino Politics: How Colleges Shape Students’ Political Styles.Sociology of Education 88, no. 4 (2015): 302–19.CrossRefGoogle Scholar
Rowan, Brian. “Organizational Structure and the Institutional Environment: The Case of Public Schools.Administrative Science Quarterly 27, no. 2 (1982): 259–79.CrossRefGoogle Scholar
Sacco, Dena, Katharine Baird, Silbaugh, Felipe, Corredor, June, Casey, and Davis, Doherty. “An Overview of State Anti-Bullying Legislation and Other Related Laws.” Berkman Center Research Publication (2013–4), 2012.CrossRefGoogle Scholar
Scott, W. Richard, and Meyer, John W.. “Environmental Linkages and Organizational Complexity: Public and Private Schools.” In Comparing Public and Private Schools. Edited by Henry, M. Levin and James, Tom, 128–60. New York: Falmer, 1987.Google Scholar
Sutton, John R., and Dobbin, Frank. “The Two Faces of Governance: Responses to Legal Uncertainty in US Firms, 1955 to 1985.” American Sociological Review 61, no. 5 (1996): 794811.CrossRefGoogle Scholar
Sutton, John R., Frank, Dobbin, Meyer, John W., and Richard Scott, W.. “The Legalization of the Workplace.American Journal of Sociology 99, no. 4 (1994): 944–71.CrossRefGoogle Scholar
Talesh, Shauhin A.The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer Law.Law and Society Review 43, no. 3 (2009): 527–62.CrossRefGoogle Scholar
Supplementary material: File

Shepherd and Fast supplementary material

Shepherd and Fast supplementary material
Download Shepherd and Fast supplementary material(File)
File 20.9 KB