Cyber Bullying

The safety of educational communities is increasingly becoming a focus of local, state, national, and international legislative action. School bullying and harassment policies are being supplemented to provide students protection from cyber-bullying. Bullying isn’t just something that happens with children, it is also prevalent among college students and in the workplace. Virtual harassment and threats are just as serious as those made in person, and can feel more devastating because of possible anonymity, public nature, audience size, and long-lasting effects. Cyber-bullying can be extremely damaging to a student’s personal and academic life.

Alabama – HB 216 (2009)

Alabama’s HB 216 requires public school systems to adopt policies for the prevention of student harassment. It ensures that freedom of speech rights is not abridged and directs the State Department of Education to develop a model policy for local boards on student harassment prevention. The legislation also encourages school or community-based alternative programs.

Arizona – SB 1266 (2006)

In Arizona, SB 1266 makes it unlawful for a juvenile to use electronic communication devices for explicit sexual material. It modifies crimes related to aggravated assault and domestic violence. Additionally, it allows orders of protection in domestic violence cases to include provisions protecting animals.

Arkansas – HB 1072 (2007)

Arkansas’ HB 1072 includes cyberbullying in school district harassment prevention policies. It mandates public school districts to have policies preventing pupil harassment, including bullying and cyberbullying. The policies must address bullying in school, on school property, or electronic acts causing substantial disruption.

California – AB 86 (2009)

California’s AB 86 defines bullying under the Interagency School Safety Demonstration Act to include acts of sexual harassment, hate violence, or severe intentional harassment committed through electronic communication. The legislation allows school officials to suspend or recommend expulsion for bullying, including electronic acts.

Colorado – HB 1036 (2008)

Colorado’s HB 1036 requires each school district to adopt an internet safety plan teaching safe and legal internet use. It encourages districts to collaborate with nonprofit organizations and local law enforcement. The legislation identifies a person responsible for overseeing the internet safety plan and includes online bullying as a topic in the curriculum.

Connecticut – S.B. 1138 (2006)

In Connecticut, S.B. 1138 defines “cyberbullying” as bullying through the use of electronic means. School policies must address bullying outside the school setting if it creates a hostile environment, infringes on the victim’s rights, or substantially disrupts the education process.

Delaware – HB 7 (2009)

Delaware’s HB 7 establishes the School Bullying Prevention Act. It requires each school district and charter school to develop a bullying prevention policy, including electronic communication in the definition of bullying. The legislation mandates reporting bullying to the Delaware Department of Education. These legislative efforts demonstrate the recognition of the seriousness of cyber-bullying and the need for preventive measures within educational institutions. They aim to create safer learning environments by addressing bullying, whether it occurs in person or through electronic means.

Florida – HB 669

Florida’s HB 669 prohibits bullying or harassment during education programs or activities, on school buses, or through the use of data or computer software accessed through school computer systems. It defines bullying as systematically and chronically inflicting physical hurt or psychological distress on one or more students. The legislation also mandates procedures as a prerequisite to the receipt of school funds.

Georgia – SB 250

In Georgia, SB 250 relates to prohibited acts of bullying at public schools. It addresses the unlawful disruption of the operation of public schools, including bus stops and school buses, and the use of data or software access through a computer network or electronic technology of a local school system. The legislation specifies that a mental state of knowledge, intention, or recklessness is an element, and physical acts are included. It allows for the reassignment of a student to another school for the purpose of separating them from the victim.

Hawaii – HB 688 (also see SB 2094 and HB 2295)

In Hawaii, HB 688 recognizes the right of all students to participate fully in the educational process, free from bullying, cyberbullying, and harassment. The legislation emphasizes the importance of a safe and civil environment in school for learning and meeting high academic standards. Bullying and harassment are considered disruptive or violent behaviors that impact a student’s ability to learn and a school’s ability to provide education in a safe environment.

Idaho – HB 750

Idaho’s HB 750 provides that no student shall intentionally commit or conspire to commit an act of harassment, intimidation, or bullying against another student. It extends the definition to include acts committed through the use of landlines, car phones, wireless telephones, or data or computer software accessed through a computer, computer system, or computer network. The legislation declares that a student personally violating any provision shall be guilty of a misdemeanor. It also amends existing law to grant superintendents and principals the authority to temporarily suspend pupils for student harassment, intimidation, or bullying.

Iowa – SF 61

Iowa’s SF 61 mandates that school districts and accredited nonpublic schools adopt anti-harassment and anti-bullying policies. The legislation defines “harassment” and “bullying” as any electronic, written, verbal, or physical act or conduct toward a student based on an actual or perceived trait or characteristic of the student, creating an objectively hostile school environment. The specified traits or characteristics include age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or family status. The law requires the development and maintenance of a system to collect harassment and bullying incidence data and the integration of the policy into the comprehensive school improvement plan.

Kansas – HB 2492

Kansas’ HB 2492 addresses bullying in schools, particularly through electronic means. It requires school districts to adopt policies prohibiting bullying, including electronic bullying. The legislation defines bullying as any intentional gesture or any intentional electronic, written, verbal, or physical act or threat that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student.

Kentucky – HB 91

Kentucky’s HB 91 requires school boards to adopt policies prohibiting bullying, including electronic bullying, and establishes procedures for reporting and investigating incidents of bullying. The law defines bullying as any unwanted verbal, physical, or social behavior among students that involves a real or perceived power imbalance and is repeated or has the potential to be repeated over time.

Louisiana – HB 1259

Louisiana’s HB 1259 addresses bullying in schools, including cyberbullying. The legislation requires each public elementary and secondary school to adopt a policy prohibiting bullying and harassment, including electronic forms. The law defines bullying as any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication that takes place on school property, at a school-sponsored function, or on a school bus.

Maine – LD 1076

Maine’s LD 1076 establishes policies and procedures for preventing and addressing bullying, including cyberbullying, in schools. The law defines bullying as any written, oral, or electronic expression or physical act or gesture that is intended to cause distress upon one or more students in the school, on school property, at a school-sponsored activity, or on a school bus, and which has the effect of: a) Physically harming a student or damaging a student’s property. b) Knowingly placing a student in reasonable fear of physical harm or damage to his or her property. c) Creating a hostile educational environment. The law requires school administrative units to adopt a policy prohibiting bullying and harassment.

Maryland – HB 1285

Maryland’s HB 1285 addresses bullying and harassment in schools, including electronic forms. The legislation defines bullying as intentional conduct, including verbal, physical, or written conduct, or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well-being. The law requires county boards of education to develop policies prohibiting bullying and harassment. These state-specific legislations highlight the growing recognition of the need to address cyberbullying in educational environments. They emphasize the importance of creating safe and supportive learning environments and provide frameworks for preventing and addressing instances of cyberbullying.

Massachusetts – SB 2404

Massachusetts’ SB 2404 establishes comprehensive measures to address bullying within the state’s educational system. The legislation unequivocally prohibits bullying, extending its coverage to occurrences on school grounds, during school-sponsored or related activities, and through the use of electronic devices, regardless of ownership. Key provisions include the mandate for age-appropriate instruction, the development of an anti-bullying plan, authorization of anti-discrimination or harassment policies, and a requirement for professional development tailored to addressing this issue.

Michigan – HB 6468 (Not Legislative Enactment)

Minnesota – HF 826, 7th Engrossment

Minnesota’s HF 826, 7th Engrossment, addresses intimidating, threatening, abusive, or harmful conduct within the educational context. The legislation specifies that such conduct may encompass various actions, including those causing physical harm to a student or their property, instigating reasonable fear of harm to person or property, violating a student’s reasonable expectation of privacy under Minnesota common law, defaming a student, or intentionally inflicting emotional distress. The scope of prohibited conduct is broad, extending to actions directed at any student or students based on various factors such as race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation (including gender identity and expression), academic status related to student performance, disability, age, or any additional characteristic defined in chapter 363A. Importantly, the legislation emphasizes that prohibited conduct need not be based on any particular characteristic outlined in the law or chapter 363A. This comprehensive approach aims to address a wide range of behaviors contributing to a safe and inclusive educational environment in Minnesota.

Mississippi – SB 2015

Mississippi’s SB 2015 addresses the issue of bullying and harassing behavior within schools. The legislation prohibits such behavior and provides clear definitions for these terms. It specifically defines bullying behaviors to include electronic communications and establishes that a hostile environment is not acceptable in educational settings. Furthermore, the bill mandates that all school districts within the state must adopt a policy explicitly prohibiting bullying and harassing behavior, reinforcing a commitment to creating a safe and supportive learning environment.

Missouri – HB 1583, Missouri Revised Statutes Section 160.775.1

Missouri’s HB 1583, as outlined in the Missouri Revised Statutes Section 160.775.1, provides a comprehensive definition of bullying. The legislation describes bullying as intimidation or harassment that causes a reasonable student to fear for their physical safety or property. It recognizes that bullying can manifest in various forms, including physical actions, gestures, oral communication, cyberbullying, electronic communication, or written communication. Additionally, the law acknowledges the potential for threats of retaliation against those reporting such acts, emphasizing the importance of fostering a climate where reporting is encouraged and protected.

Montana – HB 0284

Montana’s HB 0284 addresses harassment via electronic means. The state has a criminal statute that prohibits individuals from knowingly or purposely engaging in behavior with the intent to terrify, intimidate, threaten, harass, annoy, or offend others through electronic communication. This includes the use of obscene, lewd, or profane language, suggesting lewd or lascivious acts, or threatening to inflict injury or physical harm to the person or their property. The legislation underscores the significance of preventing electronic harassment and maintaining privacy in communications within the state.

Nebraska – LB 205

Nebraska’s LB 205 mandates the development and adoption of a comprehensive policy focused on bullying prevention and education for all students within the state. The legislation specifies that the school district is responsible for annually reviewing and approving the policy. Bullying is defined as any ongoing pattern of physical, verbal, or electronic abuse. The scope of this definition extends to various locations, including school grounds, school vehicles, designated bus stops, and school-sponsored activities or athletic events. By emphasizing the need for a regularly reviewed policy, Nebraska aims to create a safer and more inclusive learning environment for all students.

Nevada – SB 163

Nevada’s SB 163 addresses the promotion of safe and respectful learning environments in public schools by explicitly prohibiting bullying and cyberbullying. The legislation requires that standards of content and performance for computer education and technology courses of study, established by the Council to Establish Academic Standards for Public Schools, include a policy for the ethical, safe, and secure use of computers and other electronic devices. Additionally, the bill revises prohibited acts to specifically include cyberbullying, reinforcing the state’s commitment to fostering a secure educational environment.

New Hampshire – HB 1523

New Hampshire’s HB 1523 mandates that the school board of each school district must adopt a written policy prohibiting various forms of harmful behavior, including bullying, harassment, intimidation, and cyberbullying. This comprehensive approach reflects the state’s commitment to creating a positive and inclusive learning environment for all students. The written policy serves as a crucial tool in setting clear expectations and standards to prevent and address instances of bullying and related behaviors within the school community.

New Jersey – PL 2013

New Jersey’s PL 2013 addresses cyber-harassment and defines the criminal offenses associated with such behavior. According to the legislation, a person commits the crime of cyber-harassment if, while communicating in an online capacity via any electronic device or through a social networking site, they purposefully harass another individual. The prohibited actions include: 1. Threatening to inflict injury or physical harm to any person or their property. 2. Knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material with the intent to emotionally harm a reasonable person or induce fear of physical or emotional harm. 3. Threatening to commit any crime against the person or their property. These clear delineations serve to establish legal boundaries and consequences for cyber-harassment in the state of New Jersey.

New York – SB 7051

New York’s SB 7051 focuses on promoting a safe and responsible use of the internet, particularly addressing cyberbullying. The legislation requires the commissioner of education to develop resources and technical assistance for schools and students, emphasizing the importance of educating the school community on the safe and responsible use of the internet. By providing these resources, the state aims to create an environment that fosters digital literacy and ensures students and schools have the tools to combat and prevent cyberbullying effectively.

New Mexico – SB 707

New Mexico’s SB 707 brings revisions to the school violence prevention act, introducing important provisions related to employee liability, cyberbullying, and disciplinary action. The amendments aim to address evolving challenges in maintaining a safe and secure school environment, particularly by considering the impact of cyberbullying. The legislation emphasizes the importance of preventive measures and disciplinary actions to enhance school safety and protect students and staff from various forms of bullying.

North Carolina – SB 707

In North Carolina, SB 707 recognizes the essential need to enact a law that safeguards the health and welfare of students, improving the overall learning environment. The legislation acknowledges the importance of identifying vulnerable targets and potential victims of bullying and harassment based on state and national data, as well as anecdotal evidence. This legislative effort aligns with the broader goal of creating a more inclusive and supportive educational environment for students in North Carolina.

North Dakota – HB 1465

North Dakota’s HB 1465 is focused on the prevention of bullying in both public and nonpublic schools. The legislation expands the scope of prohibited bullying activities to include occurrences on school district premises, school buses or vehicles, and at any school-sponsored activities and events. Additionally, the bill explicitly prohibits retaliation against witnesses and reporters of bullying, emphasizing the importance of creating an environment where individuals feel safe reporting incidents without fear of reprisal. The comprehensive approach of HB 1465 underscores the commitment to fostering a secure and respectful learning atmosphere in North Dakota.

Ohio – HB 116

Ohio’s HB 116, known as the School Day Security and Anti-Bullying Act, enacts measures to address both school security and anti-bullying efforts. The legislation mandates that public schools provide instruction on and ensure parental notification of their policies prohibiting harassment, intimidation, or bullying. By implementing these requirements, the state aims to create a safer and more inclusive learning environment, keeping both students and parents informed about the measures in place to prevent and address bullying within schools.

Oklahoma – SB 1941

Oklahoma’s SB 1941 extends the definition of bullying to encompass harmful electronic communication. The legislation emphasizes the importance of addressing not only traditional forms of bullying but also the modern challenge of cyberbullying. Additionally, the bill places a responsibility on school district boards of education to thoroughly investigate allegations of bullying and intimidation. This comprehensive approach reflects the state’s commitment to tackling different facets of bullying and promoting a safe educational environment for all students.

Oregon – HB 2599

Oregon’s HB 2599 places a requirement on school districts to prohibit harassment, intimidation, bullying, or cyberbullying. The scope of bullying includes behavior occurring not only on school grounds but also at school-sponsored activities, during school transportation, and at bus stops. This legislation underscores the state’s commitment to addressing bullying in various settings within the educational environment. By extending the prohibition to different contexts, Oregon aims to create a comprehensive framework for preventing and responding to bullying in its schools.

Pennsylvania – HB 1067

Pennsylvania’s HB 1067 defines bullying as any intentional electronic, written, verbal, or physical act directed at another student or students within a school setting. The legislation specifies that for an act to be considered bullying, it must be severe, persistent, or pervasive and have the effect of substantially interfering with a student’s education, creating a threatening environment, or substantially disrupting the orderly operation of the school. The definition of “school setting” includes areas such as the school premises, school grounds, school vehicles, designated bus stops, and any activity sponsored, supervised, or sanctioned by the school. This comprehensive definition ensures that various forms of bullying are addressed within the state’s educational institutions.

Rhode Island – SB 2012, SB 2021, HB 5941, HB 7213

Rhode Island’s SB 2012, along with related bills SB 2021, HB 5941, and HB 7213, expands the definition of student discipline codes related to harassment or bullying to include electronic communications. The legislation considers various electronic devices, such as computers, telephones, cellular phones, text-messaging devices, and personal data assistance devices. Additionally, the laws explicitly prohibit cyber harassing and cyber stalking, reflecting the state’s commitment to addressing online forms of harassment and bullying. These measures aim to create a safer and more inclusive environment for students in Rhode Island.

South Carolina – HB 4758

South Carolina’s HB 4758 defines harassment, intimidation, and bullying, mandating that school districts adopt policies prohibiting such behavior. The legislation explicitly includes electronic communication within the scope of bullying. The State Board of Education is tasked with developing model policies applicable to grades kindergarten through 12, and standards for teacher preparation programs focusing on the identification and prevention of bullying. Schools and school districts are encouraged to establish bullying prevention programs. Additionally, the law provides immunity to school employees or volunteers who promptly report incidents to the appropriate school official, reinforcing the importance of reporting to address and prevent bullying.

South Dakota – SB 130

South Dakota’s SB 130 requires the school board of each school district to adopt a policy prohibiting bullying. The legislation offers immunity to school district employees who report bullying incidents, shielding them from potential action for damages resulting from a failure to remedy the reported incident. This approach encourages reporting and emphasizes the importance of addressing and preventing bullying in the state’s educational institutions.

Tennessee – Tenn. Code Ann. Sections 49-6-1014 (see also SB 283, HB 301, HB 2641, and HB 1105)

Tennessee’s legislative provisions, encompassed in Tenn. Code Ann. Sections 49-6-1014, highlight the significance of creating a safe and civil environment for students to learn and achieve high academic standards. The legislation recognizes harassment, intimidation, bullying, or cyber-bullying as disruptive behavior that hinders both a student’s ability to learn and a school’s ability to provide education in a safe environment. The provisions also emphasize the importance of positive examples set by school administrators, faculty, staff, and volunteers in promoting civility and respect. Additionally, the legislation underscores the necessity of safe and secure use of technology, encouraging responsible behavior when using telephones, cellular phones, computers, electronic mail, instant messaging, text messaging, and websites. These measures collectively aim to foster a positive and technologically safe learning environment in Tennessee.

Texas – HB 1942

Texas’ HB 1942 defines bullying to include cyberbullying, extending its prohibition to incidents at school-sponsored events and activities, as well as on school vehicles. Notably, the legislation goes a step further by explicitly prohibiting the imposition of disciplinary measures on a student found to be a victim of bullying. This recognition underscores the importance of addressing the dynamics of power and ensuring a fair and supportive response to students who experience bullying.

Utah – SB 304 (also see HB 325 and SB 91)

Utah’s SB 304, along with related bills HB 325 and SB 91, defines “cyber-bullying” as the use of the internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge that it will hurt, embarrass, or threaten an individual. The definition also considers situations where the individual did not direct, consent to, or acquiesce in the conduct or voluntarily access the electronic communication. This comprehensive definition reflects the state’s commitment to addressing cyberbullying and protecting individuals from harmful online behavior.

Vermont – HB 412

Vermont’s HB 412 expands the definition of bullying to include electronic actions and permits disciplinary measures for certain actions committed outside of school hours. The legislation recognizes the evolving nature of bullying, acknowledging that electronic actions can have significant impacts on students. Additionally, the law creates a position to direct harassment and bullying prevention and response training initiatives, emphasizing the importance of proactive measures to address and prevent bullying.

Virginia – HB 1624

Virginia’s HB 1624 pertains to Board of Education model policies for codes of student conduct. The legislation mandates the inclusion of electronic bullying, harassment, and intimidation in these policies. Furthermore, the law emphasizes the dissemination of information to students, parents, and school personnel, aiming to raise awareness and promote a culture of respect and safety within Virginia’s schools.

Washington – HB 2801

Washington’s HB 2801 requires each school district to adopt a revised model policy and procedure that explicitly prohibits harassment, intimidation, and bullying. This legislative measure underscores the state’s commitment to providing clear guidelines and expectations for schools in addressing and preventing bullying incidents.

West Virginia – HB 4368 (also see HB 3225)

West Virginia’s HB 4368, along with related bill HB 3225, introduces a Bill of Rights and Responsibilities for Students and School Personnel. The legislation aims to establish clear rights and responsibilities for individuals within the school community, fostering a sense of accountability and promoting positive interactions. Additionally, the law creates local school improvement councils tasked with examining school discipline and policies, indicating a commitment to continuous improvement and the well-being of students and school personnel.

Wisconsin – SB 154

Wisconsin’s SB 154 mandates the development of a school bullying policy. The legislation emphasizes the importance of having clear policies in place to address and prevent bullying within schools. By requiring the establishment of a comprehensive bullying policy, Wisconsin aims to create a framework that ensures a safe and supportive learning environment for all students.

Wyoming – HB 223

Wyoming’s HB 223 takes a proactive stance by explicitly prohibiting harassment, intimidation, or bullying within the state’s schools. The legislation further mandates that school districts adopt related prevention policies. This approach highlights Wyoming’s commitment to addressing and preventing bullying incidents by establishing clear expectations and guidelines for schools to follow. By promoting the adoption of prevention policies, the state aims to create a safer and more inclusive educational environment for its students.