Cyberbullying

Cyberbullying is the willful and repeated use of cell phones, computers, and other electronic communication devices to harass and threaten others. Instant messaging, chat rooms, e-mails, and messages posted on websites are the most common methods of this new twist of bullying. Cyberbullies can quickly spread messages and images to a vast audience, while remaining anonymous, often making them difficult to trace.  It is challenging to characterize cyberbullying in legislation however, language has included electronic communication, cyberbullying, and electronic and internet intimidation. 

Enacted Cyberbullying Legislation

State	Bill Number	Summary	Year 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
Florida	HB 669	Prohibits bullying or harassment during education programs or activities, on school buses, or through use of data or computer software accessed through school computer systems; defines bullying as systematically and chronically inflicting physical hurt or psychological distress on one or more students; requires procedures as a prerequisite to receipt of school funds.	2008
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
Kansas	HB 2758	HB 2758 would adds cyberbullying to school districts’ policies that prohibit bullying at school. Cyberbullying is defined as bullying by use of any electronic communication device, including email, instant messaging, blogs, mobile phones and websites.	2008
Maryland	HB 199	Requires the State Board of Education to develop a certain model policy prohibiting bullying, harassment and intimidation in schools; requires that the model policy include certain information; requires certain county boards of education to establish certain policies prohibiting bullying, harassment, and intimidation in schools based on the model policy. HB 199 regards bullying, harassment, or intimidation as intentional conduct, including verbal, physical, or written conduct, or an intentional electronic communication, that: Creates a hostile educational environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being.	2008
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
Missouri	SB 818	This act modifies various provisions relating to stalking and harassment.  This act requires school boards to have a written policy requiring school administrators to report crimes of harassment and stalking committed on school property to law enforcement.  Accoridng to SB 818 a person commits the crime of harassment if he or she knowingly frightens, intimidates, or causes emotional distress to another person by making a telephone call anonymously or by any electronic communication.	2008
Neberaska	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	SB 1941	Provides for a review of school district and higher education institution emergency plans; revises requirements for school district lockdown drills; includes harmful electronic communication in the definition of bullying; requires school district boards of education to investigate allegations of bullying and intimidation; authorizes a board to recommend mental health services; authorizes the issuance of grants to schools and higher education institutions to encourage emergency preparedness.  See also HB 1804 (2005)	2008
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
Pennsylvania	HB 1067	Bullying is defined as any intentional electronic, written, verbal or physical act, or a series of acts: (1) directed at another student or students, (2) which occurs in a school setting, (3) that is severe, persistent or pervasive, and (4) that has the effect of doing any of the following: (i) substantially interfering with a student's education, (ii) creating a threatening environment, or substantially disrupting the orderly operation of the school, and "school setting" shall mean in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school.	2008
Rhode Island	SB 2012	Expands the definition of student discipline codes relating to harassment or bullying to include electronic communications; includes a computer, telephone, cellular telephone, text-messaging device and personal data assistance devices.  Also see SB 2012, HB 7213.	2008
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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Education Home Page

Cyberbullying Resources

• Sticks and Stones in Cyberspace (see page 5)
• Educator's Guide to Cyberbullying and Cyberthreats 
• Cyberbullying and Online Teens
• Bullying Without Borders: The Rise of Cyberbullying in American Schools
• Project Antibully

Education Program Featured Links

• Education Bill Tracking Database

• Contact Lamar Bailey

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