Existing & Pending State Bullying Laws

Alabama
http://www.legislature.state.al.us/

HB 1523 - (2010) - [link]

Update which revises the Pupil Safety and Violence Prevention Act. “The sole purpose of this chapter is to protect all children from bullying and cyberbullying.” The school board of each school district shall adopt a written policy prohibiting bullying, harassment, intimidation, and cyberbullying. A school district shall involve, to the greatest extent practicable, pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. To the extent possible, the school district policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.

Schools must develop policies to help with harassment, includes electronic forms of bullying; "punishment shall conform with applicable federal and state disability, antidiscrimination, and education laws and school discipline policies."

Each school district, commonwealth charter school and non-public school shall provide to all school staff annual written notice of the bullying prevention and intervention plan. The faculty and staff at each school shall be trained annually on the bullying prevention and intervention plan applicable to the school. Relevant sections of the bullying prevention and intervention plan shall be included in a district or school employee handbook. Define clearly what cyber bullying is and how severe it can be on schools.

Alaska
http://w3.legis.state.ak.us/

HB 482 - (2006) - Harassment, intimidation, and bullying policy [link]

Each school district shall adopt a policy that prohibits the harassment, intimidation, or bullying of any student. The policy must also include provisions for an appropriate punishment schedule up to and including expulsion and reporting of criminal activity to local law enforcement authorities.

Arizona
http://www.azleg.gov/

HB 3203 - (2010) - [link]

Only has statute on schools adopting a policy for bullying and harassment in schools. Nothing involving cyber bullying or electronic forms of harassment

requires school district governing boards to adopt and enforce procedures that prohibit the harassment, bullying and intimidation of pupils on school grounds, school property, school buses, school bus stops and at school sponsored events and activities.

Arkansas
http://www.arkleg.state.ar.us/assembly/2009/2010F/Pages/Home.aspx

HB 1072 - (1990) - [link]

Policies must state the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved.

California
http://www.legislature.ca.gov/

AB 86 - (2008) - [link]

Gives school officials grounds to suspend a pupil or recommend a pupil for expulsion for bullying, including, but not limited to, bullying by electronic act.

Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution, makes the model policies available to school districts and authorizes school districts to adopt one or both policies for incorporation into the school safety plan.

Colorado
http://www.leg.state.co.us/

Section 22‐32‐ 109.1(2)(a)(I) - (2002) - C.R.S. The Safe School Plan [link]

Must include “a specific policy concerning bullying prevention and education, including information related to the development and implementation of any bullying prevention programs. Criminal sanction:Defines that a policy must be made in schools about bullying and it is up to the school to decide the punishment. Does not include electronic forms of punishment.

Colorado has no official anti bullying law. Colorado State Lawmakers chose a "Legislative declaration" and creation of Policy. Policy can be as good as law. School Districts are required by law to adopt a written conduct and discipline code relating to the discipline, conduct, safety and welfare of all students enrolled in the public schools of the District.

Connecticut
http://www.cga.ct.gov/

SHB 5425 - (2002) - [link]

SHB 5425 defines a policy that Schools must adhere to for the severity of bullying but does not clearly define punishments nor explain thoroughly what bullying means.

Delaware
http://legis.delaware.gov/

No laws.

District of Columbia
http://www.dccouncil.washington.dc.us/

PENDING - RCW 28A.300.285 (proposed 2010) - (2010) - The Harassment and Intimidation Prevention Act of 2010 [link]

The Harassment and Intimidation Prevention Act of 2010, which was a response to the suicide of Rutgers University student Tyler Clementi, will require all schools and agencies to adopt “policies to prohibit harassment, intimidation, and bullying.” If passed, the bill will also compel the creation of bully prevention programs.

Bullying includes electronic forms of communication. A policy would besent in place that all schools follow.

Florida
http://www.leg.state.fl.us/Welcome/

HB 699 - (2008) - Jeffrey Johnson Stand up for all Students Act [link]

Consequences must be made clear by the school district.

Georgia
http://www.legis.state.ga.us/

HB 84 - (1999) - [link]

Requires the implementation of a character education program at all grade levels that is to include methods of discouraging bullying and violent acts against fellow students. The bill adds razor blade to the definition of weapon.

Students found bullying a third time in one school year are sent to an alternative school. The law requires that policies against bullying be posted in all middle and high schools, and that bullying policies be included in student and parent handbooks.

Hawaii
http://www.capitol.hawaii.gov/

SB 2094 - (2010) - [link]

If any child of school age engages in bullying or cyberbullying, the child, and the father, mother, or legal guardian, shall be fined not more than $100 for each separate offense.

Idaho
http://www.legislature.idaho.gov/

HB 750 - (2006) - Jared's Law [link]

Student who personally violates any provision of this section shall be guilty of a misdemeanor; possible suspension or denial of school attendance.

Illinois
http://www.ilga.gov/

HB 6391 - (2010) - [link]

Beginning with the 2010-2011 school year, a school district must include in the age-appropriate curriculum topics devices, including, but not limited to, the risks and consequences of dissemination and transmission of sexually explicit images and video. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught in the district's schools, as determined by the school board. Nothing about the actual penalty, other than that it’s up to the school.

SB 3266 efines harassment through electronic communications. The definition includes "making any obscene comment, request, suggestion or proposal with an intent to offend," and "threatening injury to the person or to the property of the person to whom the electronic communication is directed or to any of his family or household members." Violation of the provisions of the statute will result in a class B misdemeanor.”

Indiana
http://www.in.gov/legislative/

HB 1276 - (2010) - [link]

Amends the definition of "bullying" to include communications transmitted from an electronic communications device or though a social networking web site.

A school corporation may utilize a domestic violence prevention organization to assist with the instruction or programs regarding domestic violence that including communications transmitted from an electronic communications device or though a social networking web site.

Iowa
http://www.legis.state.ia.us/

SF 61 - (2007) - [link]

SF 61 states that consequences to bullying/harassment must be enacted by the schools.

Kansas
http://www.kslegislature.org/legsrv-legisportal/

HB 2758 - (2008) - [link]

Defines cyberbullying and makes schools responsible for handling punishment.

Provides a comprehensive definition of bullying.

Kentucky
http://www.lrc.ky.gov/

HB 91 - (2008) - [link]

Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication. Punishment is a Class B misdemeanor. Each local board of education shall be responsible for formulating a code of acceptable behavior and discipline to apply to the students in each school operated by the board.

Louisiana
http://www.legis.state.la.us/

HB 1458 - (2010) - [link]

School board may charge fee to attend conflict resolution classes, not to exceed $100. Law provides information relative to cyberbullying and student codes of conduct adopted by local school boards.

Requires local school boards to adopt policies prohibiting harassment, intimidation and bullying by students and protecting students and employees who report such incidents. Authorizes local school boards to adopt zero tolerance policies for fighting in schools and requires students expelled for fighting to pay for and attend conflict resolution classes with their parents.

Maine
http://www.maine.gov/legis/

SP035501 - (2010) - [link]

Current law requires each school board to adopt a policy that addresses injurious hazing. This bill defines cyberbullying as injurious hazing by any verbal, textual, or graphic communication of any kind effected, created or transmitted by the use of any electronic device, including but not limited to a computer, telephone, cellular telephone, text messaging device and personal digital assistant. Punishment is up to the School Board.

Requires school administrative units to establish procedures and policies to address bullying, harassment, and sexual harassment based on the model policies developed by the Subcommittee on School and Community Climate of the Children's Cabinet.

Maryland
http://mlis.state.md.us/

HB 199 - (2008) - [link]

Bullying, Harassment and Intimidation; Up to the schools to establish policy for punishment.

Massachusetts
http://www.malegislature.gov/

No laws.

Michigan
http://www.legislature.mi.gov/

SB 1458 - (2010) - [link]

Education; discipline; adoption and implementation of policy prohibiting harassment, intimidation, or cyberbullying; require.

"Bullying" means conduct, including, but not limited to, conduct in person or using a telecommunications access devices. The schools shall add a policy to decide the punishments.

Bullying" means conduct, including, but not limited to, conduct in person or using a telecommunications access devices. The schools shall add a policy to decide the punishments.

Minnesota
http://www.leg.state.mn.us/

SF #971 - (2009) - [link]

School Board Policy; prohibiting bullying, harassment, and intimidation

Requires each school board to adopt a written policy regarding intimidation and bullying in all forms, including, but not limited to, electronic forms and forms involving Internet use.

Mississippi
http://billstatus.ls.state.ms.us/

SB 2015 - (2010) - [link]

An act to prohibit bullying or harassing behavior in the public schools; to define bullying or harassing behavior; to define hostile environment and to require all local school districts to adopt a policy prohibiting bullying and harassing behavior as required by this act; and for related purposes.

Directs the State Board of Education to develop a list of recommended conflict resolution and peer mediation programs that address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation.

Missouri
http://www.moga.mo.gov/

SB 818 - (2008) - [link]

This act modifies various provisions relating to stalking and harassment. Currently, harassment is a Class A misdemeanor. Under this act, it is a Class A misdemeanor unless 1) committed by a person twenty-one years of age or older against a person seventeen years of age or younger; or 2) the person has previously committed the crime of harassment. In such cases, harassment is a class D felony.

Montana
http://www.leg.mt.gov/css/

No laws.

Nebraska
http://nebraskalegislature.gov/

LB 205 - (2008) - [link]

Grounds for long term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school sponsored activity or athletic event

Nevada
http://www.leg.state.nv.us/

SB 163 - (2009) - [link]

Cyberbullying” means bullying through the use of electronic communication; “Electronic communication” means the communication of any written, verbal or pictorial information through the use of an electronic device, including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication. Section 7 of this bill requires each school district to adopt the policy for inclusion in its policy on the provision of a safe and respectful learning environment.

New Hampshire
http://gencourt.state.nh.us/

HB 1523 - (2010) - [link]

Update which revises the Pupil Safety and Violence Prevention Act. “The sole purpose of this chapter is to protect all children from bullying and cyberbullying.” The school board of each school district shall adopt a written policy prohibiting bullying, harassment, intimidation, and cyberbullying. A school district shall involve, to the greatest extent practicable, pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. To the extent possible, the school district policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.

Requires local school boards to adopt a pupil safety and violence prevention policy that addresses bullying and provides technical assistance. Requires school employees to report any information regarding bullying behavior to the school principal and provides immunity to any school employee who makes such a report from any cause of action arising from a failure to remedy the reported incident.

New Jersey
http://www.njleg.state.nj.us/

S2392 - (2010) - The "Anti-Bullying Bill of Rights Act." [link]

A bipartisan effort that state lawmakers introduced last week, would make bullying and harassment causes for suspension or expulsion in schools, require teachers and administrators to go through training on bullying and mandate a policy against bullying in all public colleges and universities across the state. "This legislation will create a standardized way to identify and investigate incidents of bullying, and it will also train teachers, administrators and board of education members to identify and prevent bullying.

Nothing said about the punishment other than it’s up to the School District and the "electronic Communication" is added to the policy of Harassment in Schools. Examples could range from expulsion to detention.

New Mexico
http://www.nmlegis.gov/lcs/

NMAC 6.12.7 - (2006) - [link]

This rule establishes requirements for districts, schools, and state-supported educational institutions to address bullying of students by adopting and implementing policies.

New York
http://assembly.state.ny.us/

S 1987a - (2010) - Dignity for all Students Act [link]

Designed to afford all students in public schools an environment free of harassment and discrimination based on actual or perceived race, national origin, ethnic group, religion, disability, sexual orientation, gender or sex.

To define and prohibit the bullying, cyberbullying, and hazing of students and others on school property and to include the provisions prohibiting such bullying, cyber-bullying, and hazing in school district codes of conduct. Additionally, this bill will establish a state hotline for individuals to report instances of bullying, cyber-bullying and hazing, as well as require schools to develop programs designed to educate students on the negative impact these activities have on their school community.

requires school safety plans to contain strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence."

North Carolina
http://www.ncga.state.nc.us/

HB 1261 - (2009) - [link]

Any person who violates this section shall be guilty of cyber‐bullying, which shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor.

North Dakota
http://www.legis.nd.gov/

Code 12.1.17.7 - (2009) - [link]

No state policy specifically addressing schools. However Code 12.1.17‐07 (2009) makes harassment via phone, in writing or via electronic communication a Class A misdemeanor.

Ohio
http://www.legislature.state.oh.us/

SB 126 - (2010) - [link]

To amend sections 2921.22, 3313.666, and 3313.667 of the Revised Code to prohibit school administrators from knowingly failing to report to law enforcement authorities menacing by stalking or telecommunications harassment that occurs on school grounds, to require a board of education to adopt a policy that prohibits bullying by electronic means, to require a school district's harassment policy to address acts that occur off school property but materially disrupt the educational environment of the school, to require a school district annually to provide training on the district's bullying policy for district employees and volunteers, and to require a school district to notify parents or guardians of students if the annual training is not completed.

The bill requires the State Board of Education to develop a model policy prohibiting harassment, intimidation, and bullying. This model policy will be used to assist local school districts and community schools in developing their own policies to prohibit such behavior. The Board has already begun work on such a policy and does not anticipate any additional costs as a result of the bill. The bill also requires the Auditor of State to identify whether school districts and community schools have adopted an anti-harassment policy as required by the bill, and to include this determination in the audit report. Under current law, the Auditor of State is required to conduct school district and community school audits on a regular basis. Presumably, the addition of a single item to a school audit would not significantly increase costs associated with the audit.

Oklahoma
http://www.lsb.state.ok.us/

SB 1941 - (2008) - The Oklahoma School Security Act [link]

Adopts a School Bullying Prevention Act that orders School Districts to adopt a policy for Harassment and bullying that includes electronic forms.

Oregon
http://www.leg.state.or.us/

HB 2637 - (2008) - [link]

The bill defi nes cyberbullying as the use of any electronic communication device to harass, intimidate or bully. It adds the term cyberbullying to the current law that requires school districts to adopt a policy prohibiting harassment, intimidating, and bullying at school.

Pennsylvania
http://www.legis.state.pa.us/

HB 1067 - (2008) - [link]

Requires school systems to develop policies prohibiting bullying, including through electronic means. Also defines bullying as harassment with electronic means.

Rhode Island
http://www.rilin.state.ri.us/

S 2012 - (2008) - [link]

School districts adopt policies to determine how to deal with this bullying; repeat offenders of the policy under Rhode Island general law will go to family court.

South Carolina
http://www.scstatehouse.gov/

HB 3573 - (2006) - [link]

Extends bullying to electronic means of communication. Developed Safe School Climate Act which leaves it up to School Districts to decide the actions to take.

South Dakota
http://legis.state.sd.us/

No laws.

Tennessee
http://www.legislature.state.tn.us/

SB113 - (2010) - [link]

As enacted, revises the Class A misdemeanor harassment to add offense committed by a person who intentionally communicates with another person without legitimate purpose: with the malicious intent to frighten, intimidate or cause emotional distress or in a manner the defendant knows or reasonably should know would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and as the result of the communication, the person is frightened, intimidated or emotionally distressed.

This bill would require each LEA to adopt a policy that prohibits harassment, intimidation, or bullying and to forward a copy of the policy to the commissioner of education by January 1, 2006. This bill would encourage school employees, volunteers, and students to report incidents of harassment, intimidation, or bullying to the appropriate school authorities. Any school employee who promptly reports an incident of harassment, intimidation, or bullying would have immunity against any suit based upon the reporting employee's failure to remedy the reported act. This bill would also encourage school districts to form harassment, intimidation, or bullying prevention programs and task forces.

Texas
http://www.capitol.state.tx.us/

SB1725 - (2009) - [link]

Relating to preventing bullying and harassment against public school students.

House Bill 283 amends the Education Code to allow a student victimized by bullying to be transferred to another classroom or school campus within the school district. The bill requires a school district's board of trustees or its designee to transfer the student, on the request of the student's parent or other person authorized to act on the student's behalf, to another classroom or to another campus within the district. It also requires a district's code of conduct to prohibit bullying, harassment, and the making of hit lists; to ensure that district employees enforce those prohibitions; and to provide grade-level appropriate methods for managing students in the classroom and on school grounds, disciplining students, and preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists. The bill requires that the methods prohibit disciplining a student enrolled in a special education program for bullying until the student's admission, review, and dismissal committee has met to review the conduct. The bill requires a school district's discipline management program to provide for prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles. The bill also requires a school district to admit a nonresident student into the district's schools if the student's grandparent resides in the district and provides a substantial amount of after-school care for the student, as determined by the board.

Utah
http://le.utah.gov/

HB325 - (2008) - [link]

Requires local school boards and local charter boards to adopt a policy, on or before September 1, 2009, for reporting and responding to bullying, hazing, or retaliation.

Vermont
http://www.leg.state.vt.us/

Act 117 - (2006) - Ryan's Law [link]

Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youth. The plan shall include:a description of behaviors on and off school grounds which constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors which may be grounds for expulsion.

Virginia
http://legis.state.va.us/

HB1624 - (2007) - [link]

Virginia must design a model policy for means of Harassment and others means of bullying including standards, consistent with state, federal and case laws, for school board policies on alcohol and drugs, gang‐related activity, hazing, vandalism, trespassing, threats, search and seizure, disciplining of students with disabilities, intentional injury of others, self‐defense, bullying, the use of electronic means for purposes of bullying, harassment, and intimidation, and dissemination of such policies to students, their parents, and school personnel; and (iii) standards for in‐service training of school personnel in and examples of the appropriate management of student conduct and student offenses in violation of school board policies;

Washington
http://www.leg.wa.gov/

SB5288 - (2007) - [link]

Requiring cyberbullying to be included in school district harassment prevention policies.

West Virginia
http://www.legis.state.wv.us/

HB3023 - (1990) - [link]

Requires county school boards to develop and adopt a policy prohibiting harassment, intimidation or bullying on school property or at school‐sponsored events. Requires state board of education to develop a model policy to assist county boards. Requires policy to include definition, statement prohibiting harassment, intimidation or bullying, reporting procedures, notification of parents, procedures for response and investigation, process for documentation of incidents, strategy for protecting victims from further harassment or bullying after a report is made and a disciplinary procedure for students found guilty.”

Wisconsin
http://legis.wisconsin.gov/

SB154 - (2009) - [link]

Modifies current pupil records law and contains new requirements regarding safety plans, safety training and bullying. The new law has implications for policy and practice in each of these areas.

Unlawful use of computerized communication systems; Class B misdemeanor; a fine up to $1,000, or imprisonment for up to 90 days, or both.

Wyoming
http://legisweb.state.wy.us/

HB0223 - (2009) - Safe School Climate Act [link]

The act required that school districts implement district policies prohibiting harassment, bullying and intimidation at school, as prohibited by law under the enacted legislation, as of December 31, 2009. “Harassment, intimidation or bullying” means any intentional gesture, any intentional electronic communication or any intentional written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of: (A) Harming a student physically or emotionally, damaging a student's property or placing a student in reasonable fear of personal harm or property damage (B) Insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or (C) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student or group of students. Districts will be obligated to report incidents which meet the definitions of the Safe School Climate Act on the WDE636 data collection.

Federal
http://www.govtrack.us/

No laws.