On May 3, 2010 Governor Patrick signed an Act Relative to Bullying in Schools. This new law prohibits bullying/cyber bullying and retaliation in all public and private schools, and requires schools and school districts to take certain steps to addressing bullying/cyber bullying incidents. Parts of the law (M.G.L. c. 71, § 37O) that are important for students and parents or guardians to know are described below.
Definitions
Bullying is the repeated 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 target that: (i) causes physical or emotional harm to the target or damage to the target's property; (ii) places the target in reasonable fear of harm to himself/herself or of damage to his/her property; (iii) creates a hostile environment at school for the target; (iv) infringes on the rights of the target at school; or (v) materially and substantially disrupts the education process or the orderly operation of a school. Bullying includes cyber bullying.
Cyber bullying is bullying through the use of technology or any electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, and internet postings.
Hostile environment is a situation in which bullying/cyber bullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to alter the conditions of the student's education.
Target is a student against whom bullying, cyber bullying, or retaliation is directed.
Aggressor is a student who engages in bullying, cyber bullying, or retaliation.
Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying/cyber bullying, provides information during an investigation of bullying/cyber bullying, or witnesses or has reliable information about bullying/cyber bullying.
School Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, support staff, or paraprofessionals.
Prohibition Against Bullying
Bullying is prohibited:
Retaliation against a person who reports bullying/cyber bullying, provides information during an investigation of bullying/cyber bullying, or witnesses or has reliable information about bullying/cyber bullying is prohibited.
Reporting Bullying/Cyber Bullying
Anyone, including a parent or guardian, student, or school staff member, can report bullying/cyber bullying or retaliation. Reports can be made in writing or orally to the principal of your local school or another staff member, or reports may be made anonymously.
School staff members must report immediately to the principal or his/her designee if they witness or become aware of bullying/cyber bullying or retaliation. Staff members include, but are not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to an extracurricular activity, and paraprofessionals.
When the school principal or his/her designee receives a report, he or she shall promptly conduct an investigation. If the school principal or designee determines that bullying/cyber bullying or retaliation has occurred, he or she shall (i) notify the parents or guardians of the target, and to the extent consistent with state and federal law, notify them of the action taken to prevent any further acts of bullying/cyber bullying or retaliation; (ii) notify the parents or guardians of a aggressor; (iii) take appropriate disciplinary action; and (iv) notify the local law enforcement agency if the school principal or designee believes that criminal charges may be pursued against the aggressor.
Professional Development for School and District Staff
Schools and districts must provide ongoing professional development to increase the skills of all staff members to prevent, identify, and respond to bullying/cyber bullying.
The content of such professional development is to include, but not be limited to: (i) developmentally appropriate strategies to prevent bullying/cyber bullying incidents; (ii) developmentally appropriate strategies for immediate, effective interventions to stop bullying/cyber bullying incidents; (iii) information regarding the complex interaction and power differential that can take place between and among an aggressor, target, and witnesses to the bullying/cyber bullying; (iv) research findings on bullying/cyber bullying, including information about specific categories of students who have been show to be particularly at risk for bullying/cyber bullying in the school environment; (v) information on the incidence and nature of cyber bullying; and (vi) internet safety
K-4 STUDENT FRIENDLY VERSION OF THE MVPS BULLYING POLICY
What is Bullying?
Bullying is when a person or group of people repeatedly act in ways that make you feel
scared, unsafe, embarrassed, humiliated, or alone. Bullying can be physical, like
someone threatening to hit you or pushing you into something. It can also be actions that
make you feel bad inside, like someone spreading rumors about you or saying things to
make others tease you. Students who are bullied often fear coming to school because the
behaviors are repeated so often that they don't feel safe at school.
What Should You Do if You Think You're Being Bullied?
The most important thing to do is to find an adult you trust and tell them what's
happening. Tell them how you feel and ask for help. If you have trouble asking for help,
get a friend to come with you. Sometimes it is easier to talk to an adult with a friend. If
you see a friend that you feel is being bullied, tell an adult (even if your friend says not
to).
Additional information about the school's or district's Bullying Prevention and Intervention Plan will be made available when it is finalized.