If Montana lawmakers approve a pending bill, every state in the country will have a law that requires school districts to adopt anti-bullying policies.
The state currently has a policy, but not a law, which anti-bullying advocates say is necessary to drive real action at the local level. Most states had enacted anti-bullying laws by 2010, motivated by high-profile incidents and new research about its potential for lifelong effects. Here’s a map from Stopbullying.gov that shows what’s in place around the country.
Montana will lose its status as the only glowing green shape on that map if it adopts a bill proposed by Rep. Kimberly Dudik, a Democrat. That bill, which has been amended several times since it was originally proposed, is on the agenda for the state Senate’s education committee Friday.
The bill, which would apply only to public schools, defines bullying as “any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student or employee that is persistent, severe, or repeated” and that causes physical harm, property damage or “reasonable fear of harm” to a person or their property; creates a “hostile environment” that interferes with a student’s education, or “substantially and materially disrupts the orderly operation of a school.”
The bill would prohibit bullying on any school premises, during any school-sponsored event, and through the use of electronic communication if that communication “substantially and materially” disrupts a school activity. Students found in violation of the law could face penalties including suspension and expulsion.
Unlike other states, Montana’s bill (in its current form) would not prescribe minimum requirements for local district policies. Instead, it simply says that each district must have a policy addressing bullying, and that each district “has discretion and control over the development and implementation of its policy.” Without more specific mandates, it’s unclear what those policies would look like and how effective they would be.
How might this help schools?
The U.S. Department of Education has consistently said in guidance to educators that failing to address bullying or harrassment of students because of reasons like sexual orientation, gender identity, race, or ethnicity could be a violation of federal civil rights laws. Anti-bullying advocates say state laws provide clear mandates to districts and political cover when they adopt local policies that will help them protect all students.
Are there any free speech concerns?
Free speech concerns have been a big sticking point when other states have considered anti-bullying legislation. That has particularly been true when proposals included prohibitions on harrassment based on gender identity or sexual orientation, which some conservative religious groups have said would chill speech about student viewpoints on issues like same-sex marriage. Montana’s bill notably does not list any specific protected groups of students or address motivation for bullying.
But the bill does include a prohibition on so-called “cyberbullying.” Such prohibitions in other states have sparked fears from free speech advocates who say it’s unfair to punish a student at school for behaviors he or she completed on a home computer outside of school hours.
What else is happening on the anti-bullying front?
As states enter their legislative sessions, many are considering revising or tweaking their anti-bullying policies to adjust possible consequences, definitions, and efforts to track incidents of bullying.
On the national level, U.S. Senators Mark Kirk, R-Ill., and Bob Casey, D-Penn., reintroduced in January the Safe Schools Improvement Act, which would essentially mandate local anti-bullying policies. It prescribes required elements for those policies, including that they explicitly prohibit bullying on the basis of sexual orientation or gender identity. The bill has failed to gain traction in previous sessions of Congress.
Evie Blad is a reporter for Education Week.
A version of this news article first appeared in the Rules for Engagement blog.
FAQs
Montana is the only state that has passed a statewide policy discussing bullying without having enacted a statute specifically prohibiting it. All other states have at least passed a law defining bullying and authorizing school officials or other authorities to take appropriate action to stop it.
How many states have cyber bullying laws? ›
As of January 2021, 48 states in the U.S. had electronic harassment laws which explicitly included cyberbullying. A total of 44 states included criminal sanctions in their cyberbullying laws. As of the examined month, there were 45 states that had laws regarding school sanctions for cyberbullying.
What should be in an anti-bullying policy? ›
It is important to ensure that the bullying policy has clear definitions of the different forms of bullying such as name calling, social bullying or cyberbullying. Ensure that the policy has information on review dates and anti-bullying awareness events. Staff training is crucial to a positive anti-bullying policy.
What is the Anti-Bullying Act of 2013? ›
Republic Act No. 10627 or the "Anti-Bullying Act of 2013" is a relatively new law which seeks to address hostile environment at school that disrupts the education process which, in turn, is not conducive to the total development of a child at school.
Which state has passed the most powerful anti-bullying law? ›
New Jersey Passes Toughest Anti-Bullying Legislation in US – But how does it Prevent Bullying? In response to Rutgers Freshman Tyler Clementi's tragic suicide after webcam images were taken and posted of him on the internet, the New Jersey legislature passed the toughest anti-bullying legislation in the nation.
How effective are anti-bullying laws? ›
Researchers have found that three specific components in anti-bullying laws decreased the odds of a child being bullied by 20 percent.
Is sexting a form of cyberbullying? ›
Any explicit pictures intended to harm another person. In addition, sexting is often included in cyberbullying legislation. Keep in mind sexting is illegal in some states.
Which state has the highest cyber crime rate? ›
With 755 cases registered per 100,000 people in 2023, Delhi had the highest number of cybercrime complaints in the country for any state or Union territory, according to the Indian Cyber Crime Coordination Centre (I4C) data shared by CEO Rajesh Kumar on Wednesday.
Which state has the most cyber crime? ›
Telangana registered 15,297 cybercrime cases in 2022, the highest in the country, according to the latest NCRB data. Cybercrime in the state has been on an upward trajectory, with 5,024 cases in 2020 and 10,303 in 2021, according to an analysis of the National Crime Records Bureau (NCRB) data.
What are the 3 R's of bullying prevention? ›
By following the 3 R's of Bullying (Recognize, Report and Refuse) we help create and maintain safe learning environments. For more information and resources about bullying, please check out the following webpages.
"The only way to deal with bullies is to stand up to them." "Bullying is never fun, it's a cruel and terrible thing to do to someone. If you are being bullied, it is not your fault. No one deserves to be bullied, ever."
Why should we be aware of anti bullying act? ›
Anti-bullying programs, including those mandated by anti-bullying laws, can promote a safer environment for college and high school students by educating students and school staff about the negative effects of bullying behavior.
What is the Anti-Bullying Act 10627? ›
The Anti-Bullying Act of 2013 (Republic Act No. 10627) recognizes the importance of preventing and responding to bullying, including cyberbullying, in educational institutions. Schools are mandated to adopt policies and mechanisms to effectively handle and address bullying incidents.
What is the Anti-Bullying Act of Adult? ›
The Republic Act 10627 or the Anti-Bullying Act is important for both minors and adults because it provides a legal framework for addressing and preventing bullying in all forms, including physical, verbal, and online bullying.
When did anti-bullying laws start? ›
In May of 1999, the state of Georgia enacted the first anti-bullying legislation. Eventually, all states followed suit. The state of California was the first state to enact legislation against cyber-bullying, which is the act of persistent psychological abuse by one's peers over the internet.
How many states have cybersecurity laws? ›
Currently, there are 15 states – California, Virginia, Connecticut, Colorado, Utah, Iowa, Indiana, Tennessee, Oregon, Montana, Texas, Delaware, Florida, New Jersey, and New Hampshire – that have comprehensive data privacy laws in place.
What states have cyber stalking laws? ›
List of States, in case you don't want to use the map above…
| State | “Electronic” or “Digital”? | “Fear”? |
|---|
| California | YES | YES |
| Colorado | YES | YES |
| Connecticut | YES | YES |
| Delaware | YES | YES |
47 more rowsExplanation: States are passing anti-cyberbullying laws to protect their citizens, particularly children and adolescents, from the harmful effects of cyberbullying. Cyberbullying can lead to severe emotional, psychological, and even physical harm.
Are cyber crimes federal or state? ›
However, virtually any crime committed through the use of the internet or a computer can be charged as a federal crime carrying severe criminal penalties upon conviction.
