BULLYING

State & Statute

Bullying/Harassment by Computer

ALABAMA

Section 16-28B-3

Harassment is a continuous pattern of intentional behavior that takes place on school property, on a school bus, or at a school-sponsored function including, but not limited to, written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board.

To constitute harassment, a pattern of behavior may do any of the following: a. Place a student in reasonable fear of harm to his person or damage to his property. b. substantially interferes with the educational performance, opportunities, or benefits of a student. c. substantially disrupts or interferes with the orderly operation of the school. d. creates a hostile environment in the school, on school property, on a school bus, or at a school-sponsored function. e. be sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.

ALASKA

Sec. 14.33.250

Sec. 14.33.200

AS § 14.33.220

“Harassment, intimidation, or bullying” means an intentional written, oral, or physical act, when the act is undertaken with the intent of threatening, intimidating, harassing, or frightening the student, and   (A) physically harms the student or damages the student's property;  (B) has the effect of substantially interfering with the student's education;   (C) is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or    (D) has the effect of substantially disrupting the orderly operation of the school.

Each school district shall adopt a policy that prohibits the harassment, intimidation, or bullying of any student. Each school district shall share this policy with parents or guardians, students, volunteers, and school employees.

Retaliation prohibited against victim/witness/anyone with reliable information. Reporting of harassment is required.

ARIZONA

A.R.S. § 15-341

Schools are to prescribe & enforce policies/procedures to prohibit harassment, intimidation or bullying of other students on school grounds, property, buses, at bus stops, at school sponsored events and prohibit activities through the use of electronic technology or communication on school computers, networks, forums, and mailing lists.

The procedures are to include procedures for students to confidentially report bullying, employees are to report in writing suspected incidents of harassing/bullying, provision of rights, protections, and support services to students at the beginning of the school year, a formal process for documentation, investigation, discipline, procedures for aiding victims of bullying/harassment. A definition of harassment/bullying/intimidation is required.

ARKANSAS

A.C.A. § 6-18-514

A person commits the offense of cyber bullying if: He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, harass, or alarm another person; and the transmission was in furtherance of severe, repeated, or hostile behavior toward the other person. The offense of cyber bullying may be prosecuted in the county where the defendant was located when he or she transmitted, sent, or posted a communication by electronic means, in the county where the communication by electronic means was received by the person, or in the county where the person targeted by the electronic communications resides. Cyber bullying is a Class B misdemeanor.

Bullying is the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or school employee by written, verbal, electronic, or physical act that may address an attribute of the other person and causes or creates actual or reasonably foreseeable physical harm or damage to property, interference with a student's education or employee's role in education, hostile educational environment for 1 or more students/employees due to the severity, persistence or pervasiveness of the act, disrupts the orderly operation of the school/educational environment. electronic act is a communication or image transmitted by means of an electronic device, including a telephone, wireless phone or other wireless communications device, computer or pager.

School districts shall adopt policy that defines, prohibits bullying in school, on school equipment/property, in vehicles/buses, at bus stops, sponsored/sanctioned activities or by electronic act that results in disruption of orderly operation of school. Policies require reporting, states consequences of engaging in prohibited behavior, prohibits retaliation, requires posting of notices that define bullying and consequences and that the act is prohibited be given to parents, students, volunteers, employees.

CALIFORNIA

West's Ann.Cal.Penal Code § 311.3

Code 1976 § 59-63-140

Code 1976 § 59-63-120

West's Ann.Cal.Educ.Code § 48900

School districts to have policy prohibiting bullying, intimidation and harassment; policy to include prohibition against bullying, definition of bullying, description of appropriate behavior and consequences for those committing prohibited acts, procedures for reporting, investigating, disciplinary actions.

Harassment, intimidation or bullying means a gesture, electronic communication or written, verbal, physical or sexual act that harms a student physically or emotionally or damages a student's property, or puts student in reasonable fear of said harm or damage, or act that is insulting or demeaning to a student or group of students causing substantial interference with the orderly operation of the school.

Electronic act is the transmission of a communication including but not limited to a message, text, sound, or image or a post on a social network internet web site by means of an electronic device including but not limited to a telephone, wireless phone or other wireless communication device, computer or pager.

COLORADO

C.R.S.A. § 22-32-109.1

Bullying is any written/verbal expression, physical/electronic act or gesture, or a pattern thereof, intended to coerce, intimidate, or cause physical, mental, or emotional harm to any student.

CONNECTICUT

C.G.S.A. § 10-222d, g

“Bullying” means (A) the repeated use by one or more students of a written, oral or electronic communication, such as cyber bullying, directed at or referring to another student attending school in the same school district, or (B) a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district, that: (i) causes physical or emotional harm to such student or damage to such student's property, (ii) places such student in reasonable fear of harm to himself or herself, or of damage to his or her property, (iii) creates a hostile environment at school for such student, (iv) infringes on the rights of such student at school, or (v) substantially disrupts the education process or the orderly operation of a school. “Bullying” shall include, but not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

“Cyber bullying” means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

Schools are to have a plan that allows students to report bullying anonymously, requires school staff to notify the proper authority if he witnesses any form of bullying; allows parents to report suspected bullying; requires each incident to be investigated and parents of the bully and victim to be notified. Schools are to establish consequences for bullying, training of students and staff, interventions.

DELAWARE

14 Del.C. § 4112D

Bullying is any intentional written, electronic, verbal/physical act against another student, school volunteer/employee that a reasonable person would know would have the effect of placing a person in reasonable fear of harm to his emotional/physical well-being or damage to his property; create a hostile, threatening, abusive educational environment due to pervasiveness or persistence of actions or due to a power difference between bully and target, interferes with student having a safe school environment to facilitate educational performance, opportunities or benefits, or perpetuating bullying by inciting a group to demean, dehumanize, embarrass or cause emotional/psychological/physical harm to a student/school volunteer/employee.

Each school district shall have a policy which prohibits bullying of a person on school property/functions through computer software/data/system/electronic technology of a school district, defines bullying; establishes reporting, investigating, consequence procedures, prohibits retaliation.

DC

5-B DCMR § B2599

5-B DCMR § B2502

D.C. Mun. Regs. Subt. 5-B, § B2502

D.C. Mun. Regs. Subt. 5-B, § B2599

Bullying — repeated intentional behavior that occurs in order to intentionally harm others through verbal or non verbal harassment, physical assault, or other more subtle methods of coercion. Such behavior may include, but is not limited to, manipulation, teasing, taunting, threatening, hitting, stealing, destroying personal property, sending threatening/abusive emails, text messages, or other electronic communications. Bullying is considered a tier III violation and may result in on or off-site suspension, verbal reprimand, parental contact or conference, removal of student from classroom, in-school disciplinary action, behavior contract.

FLORIDA

West's F.S.A. § 847.0141; 847.001(6); 847.001(9)

West's F.S.A. § 1006.147

Thirteenth Judicial Circuit Administrative Order No. S-2011-048

Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students including but not limited to: teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, sexual, religious or racial harassment, public humiliation, or destruction of property.

Harassment is any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or employee that places the student/employee in reasonable fear of harm to his person/possessions, substantially interferes with the student's educational performance, opportunities or benefits, substantially disrupts orderly operation of school.

Schools are to adopt policies that prohibit/define bullying, define expected behavior, explains consequences of bullying or harassment, have procedures for reporting, investigating, notifying parents, referrals for counseling for bully and victim, providing instruction as to what policy is and publicizing policy.

GEORGIA

Ga. Code Ann., § 20-2-751.4

Bullying means an act which occurs on school property or on school vehicles, bus stops, or school related functions or by use of technology (computer, computer system/network/ data/software )of a local school system that is a willful attempt or threat to inflict injury to another person with an apparent present ability to do so, an intentional display of force which would give the victim reason to fear or expect immediate bodily harm or any intentional written, verbal, physical act which a reasonable person would perceive as being intended to threaten, harass or intimidate that causes another person substantial physical harm or visible bodily harm, and has the effect of substantially interfering with a student's education; is so sever, persistent or pervasive that it creates an intimidating or threatening educational environment or substantially disrupts the orderly operation of school. School boards are to adopt policies that prohibit bullying and establish procedures for reporting, investigating, disciplining the bully, prohibiting retaliation against victim/reporter.

HAWAII

Haw. Admin. Rules (HAR) § 8-19-2

Haw. Admin. Rules (HAR) § 8-19-6

Bullying means any written, verbal, graphic, or physical act that a student or group of students exhibits toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s).

Cyber bullying is electronically transmitted acts i.e. internet, cell phone, personal digital assistance, wireless hand-held device that a student has exhibited to a student/employee which causes mental/physical harm to the student/employee and is sufficiently persistent, severe or pervasive that it causes an intimidating, threatening or abusive educational environment.

Harassment includes striking, shoving, kicking, touching someone in an offensive manner; taunting, insulting or challenging a person in a manner likely to provoke a violent response; making verbal/nonverbal expressions that cause others to feel uncomfortable, pressured, threatened or in danger because of race, color, disability or expression that creates a hostile, intimidating or offensive educational environment or interferes with the education of a student/s. Includes name calling, rude gestures, teasing, making calls without a purpose of legitimate communication, making repeated communications anonymously or at extremely inconvenient hours or in offensively coarse language. Causing fear as to prevent others from legitimately accessing school buildings or facilities, physically harming, restraining, stalking, threatening another.

There are no separate bullying procedures; actions are included in the basic school disciplinary procedures.

IDAHO

I.C. § 18-917A

Bullying, harassment or intimidation means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that a reasonable person should know would have the effect of: harming a student or damaging a student's property, putting a student in reasonable fear of harm to person/property, is sufficiently persistent, severe, pervasive that it creates an intimidating/threatening/abusive educational environment for a student. Such acts may also be committed by use of a land line, car phone, wireless phone or through the use of data/computer software accessible through a computer, computer system, or network.

ILLINOIS

705 ILCS 405/3-40

720 ILCS 5/11-20.1B

105 ILCS 5/27-23.7

720 ILCS 135/1-2

Bullying is any severe or pervasive physical/verbal act or conduct, including communications made in writing or electronically, directed toward a student/students that has or can reasonably be predicted to have one or more of the following effects: placing the student in reasonable fear or harm to person or property; causing substantially detrimental effect on the student's physical/mental health; substantially interfering w/student's academic performance; interfering with student's ability to participate /benefit from services/activities/privileges provided by school. Includes harassment, threats, intimidation, stalking, violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, retaliation or asserting/alleging an act of bullying.

Harassment through electronic communications is the use of electronic communications to make any comment, request, suggestion which is obscene with an intent to offend; interrupts with intent to harass the phone or electronic communication service of any person; transmitting with intent to harass any document, file or communication which prevents that person from using his service; threatening injury to the person or property to who an electronic communication is directed or to any of his family/household members. “Electronic communication” includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.

INDIANA

IC 20-33-8-0.2

IC 20-33-8-13.5

Bullying means overt, repeated acts or gestures including verbal or written communications transmitted; physical acts committed or any other behaviors committed by a student/group of students against another student with the intent to harass, humiliate, ridicule, humiliate, intimidate or harm the other student.

Disciplinary rules are to prohibit bullying and include provisions concerning education, parental involvement, reporting, investigating and intervention. Bullying through the use of data or software accessed through a computer, computer system, computer network of a school system is prohibited.

IOWA

Iowa Admin. Code 281-12.3(256)

Policy declaring harassment & bullying against state/school policy. The policy adopted by the board regarding harassment of or by students & staff shall declare harassment & bullying in schools, on school property, and at any school function or school-sponsored activity regardless of its location to be against state/school policy. The board shall make a copy of the policy available to all school employees, volunteers, students, & parents or guardians and shall bring the policy against harassment and bullying and the responsibilities set forth to the attention of school employees, volunteers, students, and parents or guardians. Each policy shall, at a minimum, include all of the following components: The statement shall include but not be limited to the following provisions:

(1) School employees, volunteers, and students in school, on school property, or at any school function or school-sponsored activity shall not engage in harassing, bullying , reprisal or retaliation, false accusation against a witness or victim who has reliable information about such an act or behavior.

A definition of harassment and bullying consistent with the following: harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on the student's actual or perceived 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 familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:

(1) Places the student in reasonable fear of harm to the student's person or property.

(2) Has a substantially detrimental effect on the student's physical or mental health or academic performance, substantially interferes with the student's ability to participate in or benefit from the services, activities, or privileges provided by a school.

The local board policy must set forth all of the above-enumerated traits or characteristics, but does not need to be limited to the enumerated traits or characteristics.

KANSAS

K.S.A. 72-8256

“Bullying” means: Any intentional gesture or any intentional written, verbal, electronic 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 or staff member that a reasonable person, under the circumstances, knows or should know will have the effect of: harming or placing in reasonable fear of harm to a student or staff member, whether physically or mentally, or damaging or placing in reasonable fear of damage a student's or staff member's property; cyber bullying; or any other form of intimidation or harassment prohibited by the board of education of the school district in policies concerning bullying adopted pursuant to this section or subsection (e) of K.S.A. 72-8205, and amendments thereto.

“Cyber bullying” means bullying by use of any electronic communication device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games and websites.

The board of education of each school district shall adopt and implement a plan to prohibit and address bullying on school property, in a school vehicle or at a school-sponsored activity or event. Such plan shall include provisions for the training and education for staff members and students.

KENTUCKY

KRS § 158.148

Code of acceptable behavior required. Code has procedures for identifying, documenting, reporting, investigating and responding to incidents of code violations.

LOUISIANA

LSA-R.S. 14:81.1.1; La. Admin Code. tit. 28, pt. CXV, § 1301; LSA-R.S. 17:416.13

The term “cyber bullying” means harassment, intimidation, or bullying of a student on school property by another student using a computer, mobile phone, or other interactive or digital technology, or harassment, intimidation, or bullying of a student while off school property by another student using any such means when the action or actions are intended to have an effect on the student when the student is on school property.

Except for the parishes of Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and Tangipahoa, each LEA shall adopt and incorporate into the student code of conduct a policy prohibiting the harassment, intimidation, and bullying of a student by another student, including any intentional gesture or written, verbal, or physical act that:

A reasonable person should know will have the effect of harming a student , damaging his property , placing a student in reasonable fear of harm to his life or person and is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student.

Any student, school employee, or school volunteer who in good faith reports an incident of harassment, intimidation, or bullying to the appropriate school official in accordance with the procedures established by local board policy shall be immune from a right of action for damages arising from any failure to remedy the reported incident.

MAINE

20-A M.R.S.A. § 1001

School boards are to establish procedures and processes to address bullying, harassment and sexual harassment.

MARYLAND

MD Code, Education, § 7-424.3

MD Code, Education, § 7-424.1

Bullying, harassment, and intimidation means any intentional written, verbal, or physical act, including an electronic communication, that: Physically harms an individual or damages property; substantially interferes with an individual's education or learning environment by creating a hostile environment; is motivated by actual/perceived personal characteristic including race, origin, sex, sexual orientation, religion, physical attribute, socioeconomic/familial status; places an individual in reasonable fear of harm to the individual's person or property; and 1. Occurs on school property, at a school activity or event, or on a school bus; or 2. Substantially disrupts the orderly operation of a school.

“Electronic communication” means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager.

Schools required to establish program against bullying, harassment & intimidation that defines & prohibits bullying, sets consequences, investigation and reporting procedures, provides information about types of support services for victims, bystanders, bullies; educational program to prevent bullying shall be developed.

MASSACHUSETTS

603 CMR 49.05; M.G.L.A. 71 § 37O

Bullying is the repeated use by one or more students of written, verbal or electronic expression or a physical act/gesture or combination thereof that caused physical or emotional harm to the victim or damage to his property, places victim in reasonable fear of harm to self or property, creates a hostile school environment, infringes on the rights of the victim at school, disrupts the education process. It includes cyber bullying, which is the use of technology or any electronic communication that includes transfer of signs, signals, writing, images, sound, data or intelligence of any nature transmitted by wire, radio, electromagnetic, photo electronic or photo system including email, internet communications, instant messages or facsimile communications. It includes creation of a blog where creator assumes identity of another or knowingly impersonates another, or posting material to a medium that can be accessed by more than one person.

School districts shall have a plan that defines bullying, has procedures for students/teachers for reporting incidents, responding and investigating incidents, and disciplinary actions.

MICHIGAN

M.C.L.A. 380.1310b

M.C.L.A. 750.338b

M.C.L.A. 28.722

Schools are to have policy prohibiting bullying, retaliation, or false accusation against a target of bullying, a witness, or person with reliable information on act of bullying. Procedure is to provide notice to parents of victim and perpetrator, procedure for reporting, investigating, documenting such acts. Annual training of teachers, employees, volunteers required on preventing, identifying responding to, and reporting required.

Bullying means any written, verbal, or physical act, or any electronic communication, that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by substantially interfering with educational opportunities, benefits, or programs of 1 or more students; adversely affecting ability of a student to participate in programs or activities by putting the student in harm or fear of harm by causing substantial emotional distress; having actual and substantial detrimental effect on student's physical/mental health; causing substantial disruption in/interference with orderly operation of school.

MINNESOTA

M.S.A. § 121A.0695

Each school board shall adopt a written policy prohibiting intimidation and bullying of any student. The policy shall address intimidation and bullying in all forms, including, but not limited to, electronic forms and forms involving Internet use.

MISSISSIPPI

Miss. Code Ann. § 37 -11-67, 69,

Article 15. Amendments to the Constitution

2010 Appendix: Undesignated 2010 Legislative Enactments (Refs & Annos)

Laws 2010, Ch. 508, § 2:

Bullying or harassing behavior is any pattern of gestures or written, electronic or verbal communications, or any physical act or threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic that takes place on school property, at a school sponsored function, on a school bus, and that places a student/employee in actual and reasonable fear of harm to his person or damage to belongings, creates a hostile environment by interfering with a student's educational performance, opportunities.

Local school districts required to have anti-bullying policies; procedures for reporting, investigating, addressing behavior are required.

MISSOURI

V.A.M.S. 160.775

Bullying means intimidation or harassment that causes a reasonable student to fear for his physical safety or property. May consist of physical actions including gestures, or oral, cyber bullying, electronic, or written communication, or any threat of retaliation for reporting such acts. School districts shall have an anti-bullying policy based on the assumption that all students need a safe learning environment. Students shall be treated equally and policy shall contain consequences of bullying.

MONTANA

Mont.Admin.R. 10.55.801

Board of trustees is to develop policies, procedures, and rules that respect the rights of all learners and address bullying, intimidation and harassment of students and school personnel.

NEBRASKA

Neb.Rev.St. § 79-2,137

Neb.Rev.St. § 28-813.01

Bullying is any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, contracted by school and used for school purposes, or at school sponsored activities/athletic events. School districts are to have a policy concerning prevention and education of bullying for all students.

Any person under the age of 19 who knowingly possesses any visual depiction of sexually explicit conduct which has a child as participant or portrayed observer is guilty of a Class IV felony for each offense.

NEVADA

N.R.S. 388.123

N.R.S. 388.122, N.R.S. 388.132

N.R.S. 388.1342

N.R.S. 392.915

N.R.S. 388.123

N.R.S. 200.737

The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber bullying, harassment and intimidation in public schools, shall: establish and recommend a program of training on methods to prevent, identify, and report incidences of bullying, cyber bullying, harassment and intimidation in public schools for members of the State Board.

Bullying is defined as willful act which is written, verbal, or physical which exposes a person one time or repeatedly to negative actions which is highly offensive and is intended to cause harm or emotional distress, puts the person in fear of harm or distress, creates a hostile environment and interferes with the pupil's education.

“Cyber bullying” means bullying through the use of electronic communication, including use of electronic communication to transmit/distribute a sexual image of a minor. A minor shall not knowingly and willfully use electronic communication to distribute a sexual image of himself to another person, or a picture of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the image. Children who violate this are not considered sex offenders, but may be considered a child in need of supervision and may be detained depending on the level/number of violations.

Bullying seriously interferes with the learning environment and proper use of the internet is essential to a safe and respectful learning environment; schools are to not tolerate bullying, cyber bullying, harassment or intimidation. Goal of state is safe and respectful learning environment.

A person through cyber bullying shall not knowingly threaten to cause bodily harm/death to a pupil or employee of a school district with the intent to intimidate, harass, frighten, alarm, or distress the pupil/employee, cause panic or civil unrest, or interfere with operation of the school. Violation of the provisions is guilty of a misdemeanor, and guilty of a gross misdemeanor if the threat causes a pupil/employee to be intimidated, threatened, harassed, frightened, alarmed or distressed; panic or civil unrest, or interference with the school.

NEW JERSEY

N.J.S.A. 2A:4A-71.1; NJ ST 18A:37–14 ; N.J.S.A. 18A:37-15

N.J.S.A. 18A:37-15.3; N.J.S.A. 18A:37-21

N.J.S.A. 18A:3B-68

N.J.S.A. 18A:6-112

“Harassment, intimidation or bullying” means any gesture or written, verbal or physical act that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function or on a school bus and that: a. a reasonable person should know, under the circumstances, will have the effect of harming a student or damaging the student's property, or placing a student in reasonable fear of harm to his person or damage to his property; or b. has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school.

Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The school district shall adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. The policy shall include prohibitions of bullying& retaliation, consequences of such activity, and procedures for reporting and investigating.

Training is required. Policy is to be included in student code of conduct.

A safety team shall be developed for receiving reports of bullying, review reports of bullying, identify patterns of harassment, participate in training and educate the community as to how to address bullying of students.

As part of professional staff are required to take 2 hours of training in suicide prevention including the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying.

NEW MEXICO

“Bullying” means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation.

School boards are to have bullying prevention policies; to be implemented by August 2012.

NEW YORK

Code of conduct required, bullying not specifically addressed. Code to be made available to students, parents, at the beginning of the school year.

School safety plan provides for creating a forum or designating a mentor for students concerned with bullying/violence and establishing anonymous reporting mechanisms.

Intimidation, harassment, menacing or bullying behavior and no physical contact is defined as threatening, stalking or seeking to coerce or compel a person to do something; intentionally placing or attempting to place another person in fear of imminent physical injury; or engaging in verbal or physical conduct that threatens another with harm, including intimidation through the use of epithets or slurs involving race, ethnicity, national origin, religion, religious practices, gender, sexual orientation, age or disability that substantially disrupts the educational process. All incidents that are observed by or reported to the principal are to be reported to the commissioner.

Harassment means the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

NORTH CAROLINA

N.C.G.S.A. § 14-458.1

N.C.G.S.A. § 115C-407.16

It shall be unlawful for any person to use a computer or computer network to do any of the following:

With the intent to intimidate or torment a minor to build a fake profile or website, or pose as a minor in an internet chat room, email message, instant message, follow a minor online or into an internet chat room, or post or encourage others to post on the internet private, personal or sexual information pertaining to a minor. With the intent to intimidate or torment a minor or the minor's parent or guardian to: Post a real or doctored image of a minor on the Internet; access, alter, or erase any computer network, data, program, or software, including breaking into a password protected account or stealing or otherwise accessing passwords; or use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor. Plant any statement, whether true or false, tending to provoke or that actually provokes any third party to stalk or harass a minor. Copy and disseminate, or cause to be made, an unauthorized copy of any data in any form, pertaining to a minor for the purpose of intimidating or tormenting that minor; sign up a minor for a pornographic Internet site or without authorization of the minor or the minor's parent or guardian, sign up a minor for electronic mailing lists or to receive junk electronic messages and instant messages, resulting in intimidation or torment of the minor.

Any person who violates this section shall be guilty of cyber bullying, which offense 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.

Policy against bullying includes prohibition of bullying, definition of bullying, description of expected behaviors of students/employees, consequences, procedures for reporting, investigating, prohibition against retaliation.

NORTH DAKOTA

NDCC, 15.1-19-18

NDCC, 15.1-19-17

Anti-bullying program must be adopted.

Bullying is conduct that occurs in a public school, on school district premises, in a district owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which: is so severe, pervasive, or objectively offensive that it substantially interferes with the student's educational opportunities; places the student in actual and reasonable fear of harm or fear of damage to student's property; substantially disrupts the orderly operation of the public school.

Policy must define bullying, establish procedures for reporting, investigation, discipline, strategies to protect victim.

OHIO

R.C. § 3313.666

Harassment, intimidation or bullying mean: any intentional written, verbal, electronic, or physical act(s) exhibited towards another student(s) and the behavior both causes mental/physical harm to the other student and is sufficiently severe, persistent, or pervasive as to create an intimidating, threatening or abusive educational environment for the other student. Also included is violence within a dating relationship. A policy is to be developed that defines, prohibits, sets procedures for reporting, investigating and protecting the victim, and disciplining the harassing/bullying student.

OKLAHOMA

70 Okl.St.Ann. § 24-100.3

70 Okl.St.Ann. § 24-100.4

“Harassment, intimidation, and bullying” means any gesture, written, verbal expression, electronic communication, or physical act that a reasonable person should know will harm another student, damage another student's property, place another student in reasonable fear of harm to the student's person /property, or insult or demean any student or group of students in such a way as to disrupt or interfere with the school's educational mission or the education of any student. “Harassment, intimidation, and bullying” include, but are not limited to, gestures, written, verbal, or physical acts, or electronic communications.

“Electronic communication” means the communication of any written, verbal, or pictorial information by means of an electronic device, including, but not limited to, a telephone, a cellular telephone or other wireless telecommunication device, or a computer.

OREGON

O.R.S. § 339.351

O.R.S. § 339.356

Cyber bullying” means the use of any electronic communication device to harass, intimidate, or bully.

“Harassment, intimidation or bullying” means any act that:

Substantially interferes with a student's educational benefits, opportunities or performance; takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop; and has the effect of physically harming or knowingly placing a student in fear of harm to himself or damage to his property; or creating a hostile educational environment, including interfering with the psychological well-being of a student; and may be based on, but not be limited to, the protected class status of a person.

Each school district shall adopt a policy prohibiting harassment, intimidation, or bullying and prohibiting cyber bullying. School districts are encouraged to develop the policy after consultation with parents, guardians, school employees, volunteers, students, administrators, and community representatives. The policy must include definitions of prohibited activities, define consequences and how they are to be applied, list procedures as to proper response when prohibited behavior is reported.

PENNSYLVANIA

24 P.S. § 13-1303.1-A

Bullying is an intentional electronic, written, verbal or physical act or series of acts which is directed at another student, occurs in a school setting, is severe, pervasive and persistent, and interferes with a student's education, creates a threatening environment, and substantially disrupts the orderly operation of the school. School setting means grounds, vehicles, bus stops or any activity sponsored, supervised or sanctioned by the school.

Each school shall have a policy that delineates consequences, prevention, intervention, and education programs.

RHODE ISLAND

Gen.Laws 1956, § 11-9-1.4, Gen.Laws 1956, § 11-52-4.2, Gen.Laws 1956, § 11-9-1.3

Gen.Laws 1956, § 16-21-33

Gen.Laws 1956, § 16-21-34

Gen.Laws 1956, § 11-52-4.2

Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor.

“Harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.

“Bullying” means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: causes physical or emotional harm or reasonable fear of harm to the student or damage to the student's property; creates an intimidating, threatening, hostile, or abusive educational environment for the student; infringes on the rights of the student to participate in school activities; or materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic.

“Cyber bullying” means bullying through the use of technology or any electronic communication, which includes, but is not limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. For purposes of this section, cyber bullying shall also include: the creation of a web page or blog in which the creator assumes the identity of another person; the knowing impersonation of another person as the author of posted content or messages; or the distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (i) to (v) of the definition of bullying herein.

Statewide bullying policy is required that defines bullying, has reporting requirements, procedures for investigating and disciplinary actions.

Cyber stalking/harassing prohibited.

TENNESSEE

T. C. A. § 49-6-1016; T. C. A. § 49-6-1015

Each school district shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives.

The statement shall define and prohibit cyber bullying, harassment, intimidation, and bullying, describe expected behavior and consequences of noncompliance, investigation procedures.

“Cyber bullying” means bullying undertaken through the use of electronic devices.

“Electronic devices” include, but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, electronic mail, instant messaging, text messaging, and web sites.

“Harassment, intimidation or bullying” means any act that substantially interferes with a student's educational benefits, opportunities or performance; and if on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of physically harming or knowingly placing a student in fear of harm to self or damage to his property; or creating a hostile educational environment, including interfering with the psychological well-being of a student; causing emotional distress, or if the act takes place off school property creates a hostile educational environment or otherwise creates a substantial disruption to the education environment or learning process.

TEXAS

V.T.C.A., Education Code § 37.0832

V.T.C.A., Education Code § 37.218

“Bullying” means, subject to Subsection (b), engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the district and that: (1) has the effect or will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property; or (2) is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student. (b) Conduct described by Subsection (a) is considered bullying if that conduct: (1) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (2) interferes with a student's education or substantially disrupts the operation of a school.

A program against bullying is required that prohibits bullying, retaliation against person who reports bullying, establishes a procedure for providing notice to parents of bully and victim, sets out counseling options for victims of bullying or bully himself; establishes procedures for reporting, investigating, discipline for bully.

Cyber bullying is use of any electronic communication device to engage in bullying or intimidation.

UTAH

U.A.C. R277-613; U.C.A. 1953 § 53A-11a-301

U.C.A. 1953 § 53A-11a-401

U.C.A. 1953 § 53A-11a-201

Before 9/1/12, school board will adopt bully/cyber bullying/harassment and hazing policy that defines bullying, cyber bullying, harassment, and hazing, prohibits bullying et. al., retaliation, prohibits false report of bullying, provides for training of staff.

Bullying prohibited on school grounds, at a school related or sponsored event, on a school bus or at bus stop, or while traveling to events listed.

VERMONT

16 V.S.A. § 570c

16 V.S.A. § 11

Policy that defines bullying, advises how to report violations/file complaints, procedures for investigating, when to report to law enforcement, consequences, training for teachers.

Bullying defined as act or combination of acts against a student by another student/group of students which is repeated over time, is intended to ridicule, humiliate, intimidate the student, occurs during school day on school property or on bus, at school sponsored activity, includes acts conducted by electronic means. “Harassment” means an incident or incidents of verbal, written, visual, or physical conduct, including any incident conducted by electronic means, based on or motivated by a student's or a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.

VIRGINIA

VA Code Ann. § 18.2-374.1, VA Code Ann. § 18.2-152.7:1

If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

WASHINGTON

West's RCWA 28A.300.285

WAC 148-120-100

School districts to have policy that prohibits bullying/cyber bullying and incorporates model policy developed by parents, school personnel, school directors' assoc, office of the education ombudsman. Policy includes prevention and procedures, and training.

Harassment, intimidation or bullying is any intentional electronic, written, verbal/physical act including but not limited to one shown to be motivated by race/sex/religion/ancestry/national origin/handicap/sexual orientation or other distinguishing characteristic when the act physically harms student or damages property, substantially interferes with a student's education, is so severe, persistent, pervasive that it creates an intimidating/threatening educational environment, substantially disrupts orderly operation of the school.

Harassment, intimidation, and bullying may include, but is not limited to, taunts, sexting, slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, gestures, ostracism, extortion of money, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.

Misuse of computers, electronic data or electronic communications, which may include, but is not limited to:

(a) Unauthorized copying of school-owned or licensed software, copyrighted material, or another computer user's data for personal or external use;

(b) Modifying or damaging, attempting to modify or damage, computer equipment, software, data bases, files needed in another person's school work, or communications lines;

(c) Disrupting or attempting to disrupt computer operations;

(d) Invading the privacy of another person by using electronic means to obtain confidential information, even if access to such information is inadvertently allowed;

(e) Abusing, bullying, or harassing another person through electronic means;

(f) Using the school's computing facilities in the commission of a crime or a violation of the student conduct code;

(g) Using computer services without authorization;

(h) Allowing another person to use one's computer identity/account or using another person's computer identity/account. This includes, but is not limited to, logging on to the account, accessing programs, and reading or altering computer records without authorization.

WEST VIRGINIA

W. Va. Code, § 18-2C-2

W. Va. Code, § 18-2C-3

Harassment, intimidation or bullying means any intentional gesture or intentional electronic, written/verbal/physical act, communication, transmission or threat that a reasonable person would know will have any of the following effects: physical harm to a student, damage to a student's property, puts a student in reasonable fear of harm to his person or damage to his property, is sufficiently severe, pervasive or persistent that it creates an intimidating, threatening or emotionally abusive educational environment, or disrupts orderly operation of the school. An electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.

Boards are to establish a policy to prohibit bullying which includes definition, prohibition, procedures for reporting, investigating, notification of parents, protecting victim, disciplinary procedure for perpetrator.

WISCONSIN

W.S.A. 118.46

Schools are to have a policy against bullying that includes definition, prohibition of, reporting procedure, prohibition against retaliation, investigation procedures, disciplinary action.

WYOMING

W.S.1977 § 21-4-314

W.S.1977 § 21-4-312

School districts shall have policies that define, prohibit bullying, harassment, intimidation, provide consequences and remedial actions for people conducting such activities, procedures for reporting/documenting/investigating, protecting victim from further harassment.

Harassment, intimidation or bullying includes any intentional gesture, electronic communication or intentional written, verbal or physical act initiated, occurring or received at school that a reasonable person should know would have the effect of harming a student physically or emotionally or damaging property, insulting or demeaning a student or group of students causing disruption in the operation of the school.

GUAM

9 G.C.A. § 28.101

9 G.C.A. § 28.100

17 G.C.A. § 3112.1

Harassment, intimidation or bullying means any gesture or written/verbal/physical act, that a reasonable person would know will have the effect of harming a pupil or damaging his property, or putting a pupil in reasonable fear of harm to his person/property, or insults/demeans any pupil in such a way as to disrupt or interfere with the school's educational mission or education of any pupil. Also includes but is not limited to a gesture or written/verbal/physical act that is motivated by person's religion, race, sex, color, national origin, age, orientation, disability, or any other distinguishing characteristic.

Cyber bullying is the use of any electronic communication device to harass, intimidate or bully as defined earlier.

The Guam education board shall adopt a policy that prohibits and defines harassment, intimidation/bullying, describes expected behavior of pupils, outlines consequence for committing acts of harassment/bullying, establishes reporting, investigation, response procedures, prohibits retaliation; reporting and training required.

PUERTO RICO

3 L.P.R.A. § 144g-1, 144g-4

Policy prohibiting bullying required. Bullying is any action carried out intentionally by means of a gesture, whether verbal, written or physical that has the effect of frightening students and that interferes with their education, academic opportunities and their performance in the classroom. Generally the act must be continuous unless it is particularly serious. Training in the policy shall be provided.

VIRGIN ISLANDS

no statues or regulations