Education Program

Enacted Cyberbullying Legislation

State

Bill Num.

Summary

Date Enacted

Arkansas

HB 1072

Includes cyberbullying in school district harassment prevention policies.

2007

Delaware

HB 7

This bill creates the School Bullying Prevention Act. This bill provides for a safer learning environment for students attending public schools, including charter schools, in the State of Delaware and for the staff members of those institutions. The bill requires each school district and charter school to establish a policy on bullying prevention with certain minimal requirements including, but not limited to developing a bullying prevention program and reporting bullying to the Delaware Department of Education. Electronic communication is included in the definition of bullying.

2007

Idaho

HB 750

Provides that no student shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student. Defines harassment, intimidation or bullying as any intentional gestures, or any intentional written, verbal or physical acts that a reasonable person under the circumstances should know will have the effect of harming a student; damaging a student's property; placing a student in reasonable fear of harm to his or her person; or placing a student in reasonable fear of damage to his or her property; or is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student. Provides that an act of harassment, intimidation or bullying may also be committed through the use of a land line, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system or computer network. Provides that a student who personally violates any provision shall be guilty of a misdemeanor. Amends and adds to existing law to provide that superintendents and principals may temporarily suspend pupils for student harassment, intimidation or bullying. Provides that any student who commits or conspires to commit an act of harassment, intimidation or bullying may be guilty of an infraction.

2006

Iowa

SF 61

Provides that school districts and accredited nonpublic schools shall adopt anti-harassment and anti-bullying policies. Defines "harassment" and "bullying" to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on an actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets specified conditions. Provides that "trait or characteristic of the student" includes, but is not limited to, 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. Provides that the policy must include: an anti-harassment and anti-bullying statement; a definition of harassment and bullying as set forth; a description of the type of behavior expected from school employees, volunteers, parents or guardians, and students relative to prevention measures, reporting, and investigation of harassment and intimidation; procedures for reporting; procedures for investigating complaints; and a statement on how the policy will be publicized. Provides immunity to those who report incidents. Requires districts and accredited nonpublic schools to develop and maintain a system to collect harassment and bullying incidence data and to integrate the policy into the comprehensive school improvement plan.

2007

Michigan

EO 46

Creates the Juvenile Accountability Block Grant Advisory Board. EO 46 states that the Advisory Board shall establish and maintain accountability-based programs that are designed to enhance school safety. The programs may include research-based bullying, cyberbullying, and gang prevention programs.

2007

Minnesota

SB 646

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

2007

Nebraska

LD 205

LB 205 requires that on or before July 1, 2007, each school district shall develop and adopt a policy concerning bullying prevention and education for all students. The school district shall review and approve the policy annually. Bullying is defined as any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, at a designated school bus stop, or at school-sponsored activities or school-sponsored athletic events.

2008

New Jersey

SB 993

SB 993 includes electronic communication in the definition of public school harassment, intimidation or bullying. The bill also defines electronic communication to mean a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer or pager.

2007

Oklahoma

HB 1804

HB 1804 provides that it is unlawful for a person to: Make a telecommunication or other electronic communication with the intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property ;through telecommunication or other electronic communication device. For the purposes of this bill "telecommunication" and "electronic communication" are any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes By: A communication initiated by electronic mail, instant message, network call, or facsimile machine; and A communication made to a pager.

2005

Oregon

HB 2673

Requires school districts to adopt policy prohibiting cyberbullying; adds cyberbullying to provisions relating to school district policies on harassment, intimidation or bullying.

2007

South Carolina

HB 3573

Enacts the Safe School Climate Act. Defines harassment, intimidation and bullying and requires school districts to adopt policies prohibiting this behavior. Bullying includes electronic communication. The district policies must include, but are not limited to the following components: a statement prohibiting harassment, intimidation or bullying; a definition of the prohibited behavior; a description of appropriate behavior; consequences and appropriate remedial actions for persons committing act or for persons engaging in reprisal or retaliation; procedures for reporting acts, including a provision for reporting anonymously; procedures for prompt investigation of reports; consequences and appropriate remedial action for person found to have falsely accused another; process for discussing the district's policy with students; and a statement of how the policy is to be publicize, including notice that the policy appose to participation in school-sponsored functions. Includes the use of electronic communication in its definition. The State Board of Education shall develop model policies applicable to grades kindergarten to 12 and shall develop teacher preparation program standards on the identification and prevention of bullying. Schools and school districts are encouraged to establish bullying prevention programs. Provides immunity to a school employee or volunteer who promptly reports an incident to the appropriate school official.

2006

Washington

SB 5288

Provides that, by August 1, 2008, each school district shall amend its harassment, intimidation, and bullying prevention policy to include a section addressing acts of bullying, harassment, or intimidation that are conducted via electronic means. The policy shall include a requirement that materials be made available to educate parents and students about the seriousness of cyberbullying. Provides that the material shall include information on responsible and safe internet use as well as what options are available if a student is being bullied via electronic means, including but not limited to, reporting threats to local police and when to involve school officials, the internet service provider, or phone service provider. If a school district has internet use policies, the act of bullying, harassing, or intimidating another student via online means shall be included as a prohibited act and be subject to disciplinary action.

2007

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