Understanding parental responsibility in relation to bullying is crucial for fostering a safe and supportive environment for children. Across the United States, bullying laws can vary significantly from state to state, impacting how incidents are addressed in schools and communities. This report aims to explore these laws, providing clarity for parents navigating their rights and responsibilities in the context of bullying.
When bullying leads to physical or emotional injuries, it is crucial for victims and their families to seek legal assistance. A bullying lawyer can provide essential guidance and support in navigating the complexities of bullying laws, advocating for the victim’s rights, and pursuing justice against those responsible. They can help secure necessary compensation for medical costs, therapy, and other related damages, ensuring that the affected individuals receive the help they need to heal and move forward.
Bullying Definition
According to the American Psychological Association, bullying is defined as unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time and can manifest in various forms, including physical bullying, verbal bullying, or social bullying. Cyberbullying is abusive or threatening behavior that takes place on digital devices via instant messaging or text messages across social media channels.
Trends for Bullying Laws Across the United States
Understanding the diverse landscape of bullying laws to protect children across the United States is essential for parents and educators alike. The following points highlight key trends and provisions that aim to stop bullying and create safer environments for children and high school students while holding individuals and institutions accountable for bullying behavior. By examining these aspects, we can better navigate the complexities of parental responsibility and advocate effectively for bullying prevention programs in the school community and victims’ rights.
- Standardization Across States: There is a growing trend towards standardizing definitions and procedures for harassment, intimidation, and bullying in state laws, ensuring a uniform framework to address bullying that all school districts must adhere to.
- Parental Financial Accountability: Many states are implementing laws that hold parents financially liable for their children’s actions including personal injury, and not just in cases of property damage, theft, or reckless driving, which suggests an increasing recognition of parental responsibility in addressing bullying behavior.
- Comprehensive Anti-Bullying Policies: Many states mandate school districts to adopt comprehensive anti-bullying policies that include specific definitions, reporting procedures, and disciplinary actions, reflecting a more systematic approach to prevent bullying in educational environments.
- Annual Reporting Requirements: Increased emphasis on accountability is evident as states require school districts to compile and report annual data on bullying incidents to state authorities, aiming to enhance transparency and monitor the effectiveness of implemented policies by school administrators.
- Victim Protections: There is a notable trend toward including specific provisions in bullying laws that focus on protecting victims from retaliation and ensuring their safety following incidents of harassment or bullying, thereby prioritizing the wellbeing of those affected by such behavior.
Parental Financial Accountability
While every state has laws that address parental responsibility for property damage, vandalism, or reckless driving by their offspring, 31 states have laws about personal injury caused by a child that put limits on the financial liability of the parents.
States that Limit Financial Liability for Personal Injury to $5,000 or Less
States including Alabama, Colorado, Connecticut, Idaho, Iowa, Indiana, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and West Virginia limit parents’ financial responsibility for personal injury caused by a child to $5,000 or less.
States with Limits Higher than $5,000
In California, Georgia, Illinois, Maryland, Nevada, Ohio, Oregon, and Tennessee, the cap on financial liability for a child’s causing personal injury is higher and parents may be financially liable for larger amounts.
States with No Laws that Limit Parental Financial Responsibility for Personal Injury
Laws about parental responsibility in Alaska, Arizona, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Kentucky, Louisiana, Mississippi, Montana, New Hampshire, New Jersey, New York, North Dakota, Texas, Utah, Virginia, Wisconsin, and Wyoming do not specifically address personal injury or set a cap on parents’ financial responsibility for personal injury caused by their child.
Parental financial accountability plays a critical role in addressing bullying behaviors, underscoring the importance of responsible parenting in fostering a safe environment for children. The variation in state laws regarding financial liability for personal injury caused by minors highlights the complex landscape parents must navigate in their efforts to mitigate bullying consequences. Understanding these laws is essential not only for promoting accountability but also for ensuring that victims receive the support they need for recovery and healing.
State by State Parental Responsibility and School Bullying Laws
AL Parental Responsibility Statute
Ala. Stat. § 6-5-380 (1975): Real or Person Property
Parents or guardians are liable when their child causes intentional, willful, or malicious destruction to real or personal property. Applicable to minors under 18. $1,000 limit on parents’ liability.
AL Anti-Bullying Statutes
Alabama Code §16-1-23. Hazing prohibited; penalty
Alabama Code §16-28-3.1. Guidelines and procedures for withdrawal from school; dropout prevention program
Alabama Code §16-28B-4. Prohibited behavior; complaints; school plans or programs
Alabama school districts must adopt a comprehensive anti-bullying policy that prohibits bullying, intimidation, violence, and threats of violence including:
- Statements clearly prohibiting bullying, violence, and threats of violence
- Definitions of bullying, intimidation, and threats of violence
- Descriptions of the expected behavior for each student
- Disciplinary consequences for policy violations
- Procedures for reporting, investigating, and responding to incidents
- Prohibitions against retaliation or false accusations
- Procedures for publicizing the local board policy
- Processes for students to report bullying incidents
- Procedures to develop a list of personal characteristics that may lead to bullying
Alabama law also requires that local school boards report statistics on reports of violence, threats, and harassment to the state for posting online.
AK Parental Responsibility Statutes
Alaska Stat. § 09.65.255: Real or Personal Property
Alaska Stat. § 28.15.071: Liability for Minor’s Driving
§ 09.65.255: Liability imposed on parent for child’s willful or malicious damage to real or personal property. § 28.15.071: Parents, guardian, or responsible adult who signed for minor to receive drivers’ license will be liable for negligence or willful misconduct of minor while driving a motor vehicle. Applicable to minors under 18. $15,000 dollar limit on Parent’s liability, $25,000 if no insurance.
AK Anti-Bullying Statutes
Alaska Statute §14.33.200. Harassment, intimidation, and bullying policy
Alaska Statute §14.33.210. Reporting of incidents of harassment, intimidation, or bullying
Alaska’s school districts are required to adopt policies that prohibit the harassment, intimidation, or bullying of any student. These district policies must include key elements such as:
- A statement explicitly prohibiting harassment, intimidation, or bullying
- Statements emphasizing the importance of positive character traits, civil and respectful conduct, and the responsibility of students to comply with the policy
- Provisions for appropriate disciplinary actions up to and including expulsion, as well as reporting criminal activity to law enforcement
- Prohibitions against retaliation or false accusations
- Requirements for reporting incidents of harassment, intimidation, or bullying to school officials
Additionally, Alaska’s anti-bullying laws mandate that districts report all incidents resulting in suspension or expulsion for such behavior, whether it occurs on school premises or on transportation systems used by schools.
AZ Parental Responsibility Statutes
A.R.S. § 12-661: Willful Misconduct
A.R.S. § 28-3160: Liability for Minor’s Driving
§ 12-661: Parents liable for child’s willful or malicious damage to person or property, including theft or shoplifting. § 28-3160: If minor is guilty of negligence or willful misconduct while driving a motor vehicle, liability will be imputed to the person who signed the minor’s application for a drivers’ license. Applicable to minors under 18. $10,000 limit on parents’ liability.
AZ Anti-Bullying Statutes
Arizona Revised Statutes §15-153. Crime reporting; policies and procedures; notification; discipline
Arizona Revised Statutes §15-341. General powers and duties; immunity; delegation
Arizona Revised Statutes §15-2301. Hazing prevention policies; definitions
Arizona school districts are required to establish and enforce policies and procedures that prohibit students from harassing, intimidating, or bullying their peers. These district policies must include key elements such as:
- Definitions of harassment, intimidation, and bullying
- Procedures for reporting and investigating incidents
- Processes for notifying alleged victims and their parents/guardians when a school official becomes aware of a suspected incident
- Requirements to provide written information about the available rights, protections, and support services for alleged victims, as well as procedures to protect the health and safety of students who are physically harmed
- Disciplinary consequences for violations of the policy
AK Parental Responsibility Statutes
A.C.A. § 9-25-102: Willful Misconduct
A.C.A. § 27-16-702: Liability for Minor’s Driving
§ 9-25-102: Liability imposed on parents when child maliciously or willfully destroys property of a person, village, school district, religious or charitable organization, municipal corporation, or association. § 27-16-702: Parent or guardian who signs application for drivers’ license will be liable with the minor for any damages caused by the negligence or willful misconduct operation of motor vehicle. Applicable to minors under 18. $5,000 limit on parents’ liability.
AK Anti-Bullying Statutes
Arkansas Code Annotated §6-15-1303. Safe schools initiative act
Arkansas Code Annotated §6-17-711. Bullying prevention — Professional development
Arkansas Code Annotated §6-18-514. Anti-bullying policies — Definitions
Arkansas school districts are required to adopt comprehensive anti-bullying policies that include specific policy and procedural elements. These elements must include:
- Definitions of bullying behavior that align with state law
- Statements prohibiting bullying and cyberbullying, including the scope of where bullying laws apply
- Disciplinary consequences for engaging in prohibited conduct
- Mandatory reporting requirements for school personnel
- Procedures for reporting and investigating incidents, including timelines
- Processes for notifying parents/guardians of victims and perpetrators
- Requirements for publicizing the policy within the district
- Provisions for making the full policy available upon request
Arkansas law also mandates that school districts review and update their anti-bullying policies annually, and provide the Division of Elementary and Secondary Education with the website address where the policies can be accessed.
CA Parental Responsibility Statutes
Cal. Civ. Code § 1714.1: Willful Misconduct
Cal. Civ. Code § 1714.3: Discharge of Firearms (If parent allows minor to have the firearm or allows it to be accessible).
Cal. Veh. Code § 17707: Liability for Minor’s Driving
Cal. Veh. Code § 17708: Parents Civil Liability for Driving
§ 1714.1: Parents jointly and severally liable for willful misconduct causing injury, death or property damage. Liability generally imposed on parent when child has acted with “willful” misconduct; negligence of child is sufficient to impose liability on parents when child harms person or property while operating motor vehicle with parent’s permission. Government Code § 38772 provides that cities and counties can make child and parent liable for cost of abatement of nuisance due to graffiti. Education Code § 48904 makes parents liable for injury or death caused by willful act of child to any fellow pupil or school employee. Penal Code § 490.5 covers shoplifting. § 1714.3: Parents liable if permitted child to have firearm or left it someplace accessible. § 17707: Person verifying minor’s license application liable for driving of minor. § 17708: Parents jointly and severally liable for negligent driving of child. Applicable to minor under 18.
Dollar limit on parents liability:
- § 1714.1: Property: $25,000
- § 1714.1: Medical, Dental, Hospital Costs: $25,000
- § 38772: Vandalism: $25,000 (Including Atty’s Fees) (Damage limitations will be adjusted every two years by the Judicial Council to reflect cost of living in California according to California Consumer Price Index. An insurer is not liable for more than $10,000 for conduct imputed to parent).
- § 1714.3: $30,000 for injury to or death of one person as result of any one occurrence, and $60,000 for injury to or death of all persons as result of any one such occurrence.
- Driving Limits: $15,000 per person for bodily injuries, $30,000 max per occurrence for bodily injuries, and $5,000 max for property damage.
CA Anti-Bullying Statutes
California Education Code §201
California Education Code §234
California Education Code §32261
California school districts are required to adopt a comprehensive policy that prohibits harassment, intimidation, or bullying. The policy must include clear procedures for preventing, reporting, and investigating acts of bullying and cyberbullying including:
- Statements explicitly prohibiting harassment, intimidation, or bullying
- Detailed processes for reporting and investigating complaints, with defined timelines
- Publication of anti-discrimination, anti-harassment, and anti-bullying laws
- Provisions to support LGBTQ and other at-risk students
- Protections against retaliation for complainants
- Identification of a district official responsible for ensuring compliance with legal requirements
Additionally, California school districts are encouraged to maintain documentation of all complaints and their resolution for at least one review cycle.
CO Parental Responsibility Statutes
C.R.S. § 13-21-107: Property Damage/Personal Injury
C.R.S. § 13-21-107.5: Shoplifting
C.R.S. § 42-2-108: Liability for Minor’s Driving
§ 13-21-107 and § 13-21.107.5: Liability imposed on parents for child’s shoplifting or willful/malicious property damage or personal injury. § 42-2-108: If minor is guilty of negligence or willful misconduct while driving a motor vehicle, liability will be imputed to the person who signed the affidavit of liability associated with the minor’s application for a drivers’ license. Applicable to unemancipated minor under 18.
Dollar limit on parents’ liability:
- § 13-21-107: $3,500
- § 13-21-107.5: $250
CO Anti-Bullying Statutes
Colorado Revised Statutes §18-9-124. Hazing – penalties – legislative declaration
Colorado Revised Statutes §22-2-144. Bullying prevention and education policies
Colorado Revised Statutes §22-32-109. Board of education – specific duties
Colorado school districts must adopt a comprehensive safe school plan and conduct and discipline code that includes a specific policy addressing bullying prevention and education. At minimum, this policy must:
- Clearly differentiate between conflicts, harassment, and bullying incidents.
- Clarify the role of cyberbullying during online instruction, whether it occurs on or off school property.
Additionally, Colorado state law requires districts to annually report to the Department of Education the number of conduct and discipline code violations, including incidents of bullying and other behaviors that threaten physical harm to students. Districts must also provide information on their bullying prevention and education policies, including details on any implemented bullying prevention programs.
CT Parental Responsibility Statute
C.G.S.A. § 52-572: Willful Misconduct
Liability is imposed on the parents of a child when their actions are willful or malicious; negligence of the child is sufficient to impose liability on parents when child harms person or property while operating motor vehicle without permission of vehicle’s owner. Applicable to minor under 18.
Dollar limit on parents’ liability: $5,000
CT Anti-Bullying Statutes
Connecticut General Statutes §10-222g. Prevention and intervention strategy re bullying and teen dating violence
Connecticut General Statutes §10-222h. Analysis of school districts’ efforts re- prevention of and response to bullying in schools. School climate assessment instruments
Connecticut General Statutes §10-222l. Immunity of school employees, students, parents or guardians, individuals and boards of education from liability for certain actions relating to reporting, investigating and responding to school bullying and teen dating violence
All Connecticut school districts must develop and implement a comprehensive safe school climate plan to address bullying. Each district will appoint a coordinator to oversee the plan’s execution. At the school level, the principal or a designated representative will serve as the climate specialist, responsible for investigating reported bullying incidents and keeping records. Additionally, schools must establish a climate committee to promote a safe environment and tackle bullying issues.
The safe school climate plan must include elements, such as:
- Statements prohibiting and defining the scope of bullying
- Reporting and investigation procedures, including anonymous options and documentation
- Prevention and intervention strategies
- Parent notification and conference processes
- Procedures for case-by-case interventions and student safety plans
- Consequences for policy violations
- Requirements for law enforcement notification and policy publication
Under Connecticut law, school districts must submit their safe school climate plans to the state Department of Education for review and approval. Additionally, schools are required to conduct annual climate assessments and report any verified incidents of bullying.
DE Parental Responsibility Statutes
21 Del. C. §§ 6104-6105: Liability for Minor’s Driving
10 Del. C. § 3922: Vandalism
§ 6104: Parents, guardians or employer who signed license application liable for damages caused by minor driver. § 6105: Owner of vehicle liable for damages caused by minor given permission to operate vehicle. § 3922: Parents liable for intentional or reckless damage to real or personal property. Applicable to minor under 18.
Dollar limit on parents’ liability:
- § 6104-6105: No Limits
- § 3922: $5,000
DE Anti-Bullying Statutes
Delaware Code Annotated Title 14, § 4164. School bullying awareness and prevention; criminal youth gang detection
14 DE Admin. Code §614. Uniform definitions for student conduct which may result in alternative placement or expulsion
14 DE Admin. Code §624. School district/charter school policy prohibiting cyberbullying
Delaware school districts must establish a policy that prohibits bullying, as well as any retaliation, reprisal, or false accusations against a target, witness, or anyone with reliable information about an act of bullying. These district policies must include:
- Statements prohibiting bullying and defining the policy’s scope
- Definitions of bullying that are at least as inclusive as state law
- Directives to develop a school-wide bullying prevention program
- Requirements to establish a site-based committee to coordinate the bullying prevention program
- Procedures for mandatory reporting, prompt investigation, and anonymous reporting of bullying
- Plans for supervision in non-classroom areas
- Disciplinary consequences for policy violations
- Procedures for students/parents to report bullying
- Requirements to notify parents when a bullying report is made
- Mandates to report all bullying incidents to the Department of Education
- Prohibitions on retaliation after a bullying report
- Procedures for communication between school staff and medical professionals treating bullying-related student issues
- Requirements to implement bullying prevention programs throughout the year and integrate them with school discipline policies
- Guidelines for publicizing the policy within the district
Delaware law requires districts to submit their bullying prevention policies to the Department of Education annually for review and approval. Funding is contingent on the state approving each district’s policy. The Department must also prepare an annual report summarizing all reported and substantiated acts of bullying.
DC Anti-Bullying Statutes
District of Columbia Code § 2-1535.02. Bullying prevention task force
District of Columbia Code § 2-1535.03. Bullying prevention policy
District of Columbia Regulation § 4-1502. Adoption of a bullying prevention policy
District of Columbia Regulation § 4-1509. Bullying prevention programs
The District of Columbia requires schools to adopt comprehensive bullying prevention policies including the following key elements:
- Definitions of bullying, including cyberbullying, and the scope of where and when the policy applies
- Statements prohibiting bullying and retaliation against victims, witnesses, or those who report bullying
- Codes of conduct outlining expected behaviors and consequences for violations
- Procedures for reporting and investigating incidents, including contact information for the designated point person and an appeals process
- Statements of consequences for policy violations
- Requirements for publicizing the bullying prevention policy
Additionally, District of Columbia anti-bullying laws mandate that schools submit annual updates to the Office of Human Rights, including the identity of the point of contact and any substantial revisions to the policy. Schools must also report aggregate bullying incident data to the Mayor each year.
FL Parental Responsibility Statutes
F.S.A. § 322.09: Liability for Minor’s Driving
F.S.A. § 741.24: Vandalism
§ 322.09: Person verifying driver’s license jointly and severally liable. § 741.24: Parents liable for willful destruction or theft of property. Applicable to minors under 18.
Dollar limit on parents’ liability:
- § 322.09: Unlimited
- § 741.24: Actual Damages/No Limits
FL Anti-Bullying Statutes
Florida Statutes Annotated §1006.135. Hazing prohibited at schools with any of grades 6-12
Florida Statutes Annotated §1006.147. Bullying and harassment prohibited
Florida school districts must adopt a comprehensive policy that prohibits bullying and harassment of students and employees in public K-12 institutions. The policy must align substantially with the Department of Education’s model policy and include:
- Statements explicitly prohibiting bullying and harassment
- Definitions of prohibited behaviors
- Descriptions of expected conduct for students and employees
- Disciplinary consequences for those who commit acts of bullying or harassment
- Procedures for reporting incidents and conducting investigations
- Protocols for notifying parents and local agencies, where criminal charges may apply
- Procedures for referring victims and perpetrators for counseling, and regularly updating victims’ parents on actions taken to protect them
- Provisions for widely publicizing the policy throughout the district
Furthermore, Florida state law mandates that districts review this policy at least once every three years. Districts must also establish a procedure for tracking and reporting incidents of bullying and harassment in their school safety and discipline data.
GA Parental Responsibility Statute
O.C.G.A. § 51-2-3: Willful Misconduct.
Parents liable for medical expenses or property damage caused by willful or malicious act of child. Applicable to minors under 18. Dollar limit on parents’ liability is $10,000 plus costs.
GA Anti-Bullying Statutes
Georgia Code Annotated §16-5-61. Hazing
Georgia Code Annotated §20-1-30. Establishment of school policies on hazing; public disclosure of incidents; confidentiality of student information
Georgia Code Annotated §20-2-751.4. Policies prohibiting bullying; assignment to alternative school; notice
Georgia Code Annotated §20-2-1181. Disrupting operation of public school, school bus, or school bus stop; penalty; progressive discipline
Georgia school districts must adopt a comprehensive bullying policy that includes the following key elements:
- Requiring the bullying policy to be included in the student code of conduct
- Mandating that a student in grades 6-12 who commits the offense of bullying three times in a school year be assigned to an alternative school
- Specifying how the policy will be publicized within the district
- Obligating the district to notify a parent/guardian when a student is found to have committed bullying or been a victim of bullying
Georgia school districts may also choose to incorporate additional components from the state’s model bullying policy, such as:
- Statements prohibiting bullying and retaliation for reporting bullying
- Detailed reporting and investigation procedures
- A range of consequences for bullying, including discipline and counseling
School districts that fail to comply with the required bullying policy elements are ineligible for state funding.
HI Parental Responsibility Statutes
Haw. Rev. Stat. § 286-112: Liability for Minor’s Driving
Haw. Rev. Stat. § 577-3: Tortious Acts
Haw. Rev. Stat. § 577-3.5: Graffiti
§ 286.112: Joint and several liability is imposed on the person verifying driver’s license. § 577-3: Joint and several liability is imposed on parent for child’s tortious acts. § 577-3.5: Parents liable for graffiti damage and obligation to clean damage up. Applicable to: § 286-112: Minor (Under 18); § 577-3: Unmarried Minor Child; § 577-3.5: Minor Child. Dollar limit on parents’ liability: Unlimited.
HI Anti-Bullying Statutes
Hawaii Administrative Code §8-19-6. Prohibited student conduct; class offenses
Hawaii Administrative Code §8-19-13. Prohibited student conduct; class offenses
Hawaii’s anti-bullying laws prohibit both bullying and cyberbullying. These laws also require schools to publish their rules and inform students, staff, and parents about the prohibited conduct.
Additionally, Hawaii’s administrative rules governing student misconduct and discipline establish reporting and investigation procedures for specific offenses, including bullying, cyberbullying, and harassment. They also address the consequences for these offenses.
ID Parental Responsibility Statutes
Idaho Code § 6-210: Willful Misconduct
Smith v. Sharp, 375 P.2d 184 (Idaho 1962): Liability for Minor’s Driving
§ 6-210: Parents liable for willful economic loss (property damage, theft, medical expenses, lost wages) caused by child. Smith v. Sharp, 375 P.2d 184 (Idaho 1962): Joint and several liability will be imposed on the person signing the application for minor’s driver’s license. Applicable to minors under 18. Dollar limit on parents’ liability: $2,500.
ID Anti-Bullying Statutes
Idaho Code §18-917. Hazing
Idaho Code §33-1631. Requirements for harassment, intimidation and bullying information and professional development
To comply with Idaho state law, school districts must adopt comprehensive policies addressing harassment, intimidation, and bullying including:
- Expectations for school staff to intervene or facilitate intervention on behalf of students facing harassment, intimidation, or bullying
- Disciplinary consequences that may include referral to counseling, diversion, use of juvenile specialty courts, restorative practices, on-site suspension, and expulsion for any student who commits an act of bullying, intimidation, harassment, violence, or threats of violence
- Procedures for reporting bullying incidents, including designation of a person to whom reports should be made
- Requirements for how the policy will be published within the district
Additionally, Idaho state law mandates that school districts report bullying incidents to the State Department of Education on an annual basis.
IL Parental Responsibility Statutes
740 I.L.C.S. § 115/3: Property Damage/Personal Injury
720 I.L.C.S. § 5/21-1.2: Criminal Statute – Felony Institutional Vandalism
720 I.L.C.S. § 5/16-25, § 5/16-27: Retail Theft
§ 115/3: Parents liable for willful or malicious property damage or personal injury. § 5/21-1.2: Parents liable for child’s damage to church, mosque, synagogue, cemetery, etc. § 5/16-25, § 5/16-27: Parents civilly liable for retail theft by child.
Applicable to:
- § 115/3: Unemancipated Minor (Under 18)
- § 5/21-1.2: Unemancipated Minor (Under 18)
- § 5/16-25, §5/16-27: Above age of 11, but not 19.
Dollar limit on parents’ liability:
- § 115/3: $20,000 plus attorney’s fees (115/5)
- § 5/21-1.2: $20,000 plus attorney’s fees (115/5)
- § 5/16-25, § 5/16-27: $20,000 actual damages for first act or occurrence of a willful or malicious act; $30,000 if a pattern or practice of willful or malicious acts by a minor exists; also can recover taxable court costs and attorney’s fees.
IL Anti-Bullying Statutes
105 Illinois Compiled Statutes §5/10-20.14. Student discipline policies; parent-teacher advisory committee
105 Illinois Compiled Statutes §5/27-23.7. Bullying prevention
720 Illinois Compiled Statutes §5/12C-50. Hazing
720 Illinois Compiled Statutes §5/12C-50.1. Failure to report hazing
Illinois school districts are required to adopt comprehensive bullying prevention policies that address key elements, including:
- Defining bullying in accordance with state law
- Stating that bullying is prohibited and contrary to school district policy
- Establishing procedures for reporting and investigating bullying incidents, including designating staff responsible for receiving reports and allowing for anonymous reporting
- Outlining steps for promptly notifying parents/guardians of students involved in alleged bullying and discussing available support services and interventions
- Prohibiting retaliation against those who report bullying
- Specifying disciplinary consequences and remedial actions for policy violations
- Detailing interventions that can be used to address bullying, such as counseling, social-emotional learning, and community-based services
- Requiring the district to publicize the policy
Additionally, Illinois law mandates that school districts file their bullying prevention policies with the State Board of Education, engage in a policy evaluation process to assess outcomes and effectiveness, and make the evaluation information publicly available on the district’s website. Districts must review and update their policies every two years as needed.
IN Parental Responsibility Statutes
I.C. § 34-31-4-1: Property Damage/Personal Injury
I.C. § 9-24-9-4: Auto Liability
§ 34-31-4-1: Parents liable for harm or damage to person or property intentionally, knowingly or recklessly caused by child. § 9-24-9-4: Person verifying driver’s license jointly and severally liable.
Applicable to:
- § 34-31-4-1: Child Living W/Parent
- § 9-24-9-4: Minor (Under 18)
Dollar limit on parents’ liability:
- § 34-31-4-1: $5,000
- § 9-24-9-4: Unlimited
IN Anti-Bullying Statutes
Indiana Code Annotated §5-2-10.1-12. Safe school committees; school plans; copies of school floor plans to law enforcement agency and fire department
Indiana Code Annotated §20-26-5-34.2. Bullying prevention; training for employees and volunteers
Indiana Code Annotated §20-30-5-5.5. Bullying prevention; student instruction
Indiana Code Annotated §20-33-8-0.2 “Bullying”
Indiana Code Annotated §20-33-8-13.5. Discipline rules prohibiting bullying
Indiana Code Annotated §20-33-9-12. Relief of obligation to report
Indiana school districts must establish comprehensive written discipline policies that prohibit bullying including:
- Statements clearly prohibiting bullying behaviors
- Provisions for educating students, involving parents, and implementing intervention strategies
- Detailed procedures for reporting and investigating bullying incidents, including timelines for notifying the parents of both the targeted student and the bully, as well as school counselors, administrators, the superintendent, and law enforcement
- Disciplinary consequences for teachers, staff, or administrators who fail to properly investigate reports of bullying
- Procedures for addressing false reporting
- Follow-up support services for victims and bullying education for offenders
- Disciplinary consequences for violations of the policy
- Requirements for widely publicizing the policy throughout the school district
Additionally, Indiana’s anti-bullying laws mandate that the state department periodically review each district’s policy to ensure compliance with state regulations. School districts must also submit annual reports to the department documenting the number of reported bullying incidents.
IA Parental Responsibility Statute
I.C.A. § 613.16: Property Damage/Personal Injury
Liability imposed on parents for any unlawful act of minor that causes injury to person or property. Applicable to minors under 18. Dollar limit on parents’ liability: $2,000 for one act; $5,000 for two or more acts to same claimant.
IA Anti-Bullying Statutes
Iowa Code §280.28. Harassment and bullying prohibited—policy—immunity
Iowa Code §708.10. Hazing
Iowa Administrative Code 281-12.3(13). Policy declaring harassment and bullying against state and school policy
Iowa school districts are required by state law to adopt a comprehensive policy that explicitly prohibits harassment and bullying in schools including:
- Statements declaring harassment and bullying to be against state and school policy, along with the scope of where and when the policy applies.
- Prohibitions against reprisal, retaliation, or false accusations related to reporting.
- Definitions of harassment and bullying that align with state law.
- Descriptions of the expected behavior from all school stakeholders (employees, volunteers, parents/guardians, students) regarding prevention, reporting, and investigation.
- Disciplinary consequences and remedial actions for policy violations.
- Procedures for reporting and investigating incidents, including designating responsible individuals.
- Provisions for publicizing the policy throughout the school district.
Additionally, Iowa’s anti-bullying laws require districts to integrate these anti-harassment and anti-bullying policies into their comprehensive school improvement plans, as well as develop and maintain a system for collecting data on harassment and bullying incidents.
KS Parental Responsibility Statutes
K.S.A. § 38-120: Willful Misconduct
K.S.A. § 8-222: Liability for Minor’s Driving
§ 38-120: Liability imposed on parents for willful or malicious damage to person or property. § 8-222: If a vehicle owner permits a minor under the age of 16 to drive the vehicle, will be jointly and severally liable for any damages resulting from that minor’s negligence. Applicable to minors under 18. Dollar limit on parents’ liability: $5,000, plus court costs; unlimited if parental neglect.
KS Anti-Bullying Statute
Kansas Statutes Annotated §72-6147. Bullying, school district policies
Kansas school districts are required to adopt policies prohibiting bullying and implement plans to address it, though state anti-bullying laws do not mandate the specific content of these district-level policies and plans.
KY Parental Responsibility Statutes
K.R.S. § 405.025: Vandalism
K.R.S.§ 186.590(1): Auto Liability
K.R.S. § 186.590(3): Owner Entrusting Vehicle to Minor
§ 405.025: Parents liable for willful marking/defacing of property if joined as defendant. § 186.590(1): Person liable for signing minor’s driver’s license application. § 186.590(3): Vehicle owner liable for entrusting vehicle to minor.
Applicable to:
- § 405.025: Unemancipated Minor (Under 18)
- § 186.590: Minor (Under 18)
- § 186.590: Minor (Under 18)
Dollar limit on parents’ liability:
- § 405.025: $2,500 max judgment against named parent in suit; $10,000.00 limit of parental liability
- § 186.590(1): Unlimited
- § 186.590(3): Unlimited
KY Anti-Bullying Statutes
Kentucky Revised Statutes Annotated §2.227. Anti-Bullying Month
Kentucky Revised Statutes Annotated §158.148. Definition of “bullying” – discipline guidelines and model policy – Local code of acceptable behavior and discipline – Required contents of code
Kentucky Revised Statutes Annotated §525.070. Harassment
Kentucky’s anti-bullying laws mandate that school districts establish a code of acceptable student behavior and discipline, which must prohibit bullying including:
- Statements explicitly prohibiting bullying
- Descriptions of the behaviors expected from each student
- Disciplinary consequences for students who fail to adhere to the standards, along with statements emphasizing the importance of these standards to maintaining a safe learning environment
- Procedures for identifying, documenting, and reporting bullying incidents
- Procedures for investigating and responding to bullying complaints, including notifying the parents/guardians of the students involved
- Strategies for protecting students from retaliation for reporting bullying
- Processes for informing students, parents/guardians, and school staff of the code’s requirements, including training for school employees
Additionally, Kentucky law requires school districts to update their discipline codes at least once every two years and report major discipline data to the state.
LA Parental Responsibility Statutes
L.S.A.-C. C. Art. 2318: Property Damage/Personal Injury
L.S.A.-C. C. Art. 32:417: Liability for Minor’s Driving
Art. 2318: Parents are liable for damage caused by their child. Art. 32:417: If a vehicle owner permits a minor under the age of 16 to drive the vehicle, will be jointly and severally liable for any damages resulting from that minor’s negligence. Applicable to minors under 18 residing with parents. Dollar limit on parents’ liability: Unlimited.
LA Anti-Bullying Statute
Louisiana Administrative Code Title 28:CXV.1303. Bullying
Louisiana schools must adopt and incorporate a comprehensive anti-bullying policy into their code of conduct including the following key elements:
- Definitions of bullying that align with state law.
- Statements prohibiting the bullying of a student by another student.
- Disciplinary and criminal consequences for violations of the policy.
- Detailed procedures for reporting and investigating incidents, including timelines, appeals processes, parental notification, and documentation requirements.
- Guidelines for how the policy will be widely communicated within the school.
Additionally, Louisiana state law mandates that all documented instances of bullying must be reported to the state Department of Education.
ME Parental Responsibility Statutes
14 M.R.S.A. § 304: Willful Misconduct
29-A M.R.S.A. § 1651: Liability for Minor’s Driving
§ 304: Parents liable for willful/malicious damage to person or property. § 1651: Any owner who allows a minor to operate their vehicle will be jointly and severally liable for any damage resulting from minor’s negligence. Applicable to minors between 7 and 17. Dollar limit on parents’ liability: $800.
ME Anti-Bullying Statutes
Maine Revised Statute Annotated Title 20-A §1001, sub-§22. Workplace bullying
Maine Revised Statute Annotated Title 20-A §6553. Prohibition of hazing
Maine Revised Statute Annotated Title 20-A §6554. Prohibition on bullying in public schools
Maine school districts must establish comprehensive anti-bullying policies and procedures that align with the state’s model policy. These policies must include key elements such as:
- Provisions identifying the responsibility of students and others to comply with the policies
- Statements prohibiting bullying, harassment, sexual harassment, and retaliation for reporting incidents
- Responsibilities of the superintendent to implement and enforce the policies, including designating school personnel to administer them
- Procedures for reporting and investigating incidents, with written documentation
- Processes for appealing investigation outcomes
- Disciplinary consequences for policy violations, including false accusations or retaliation
- Remediation measures to address the impact of bullying, such as counseling
- Communication protocols to inform parents of bullied students about safety and prevention efforts
- Procedures for involving law enforcement when criminal charges may be appropriate
- Requirements for publicizing the policy within the district
Additionally, Maine’s anti-bullying laws mandate that school districts file their anti-bullying policies with the Department of Education.
MD Parental Responsibility Statutes
Md. Code § 11-604: Willful Misconduct
Md. Code § 16-107: Liability for Minor’s Driving
§ 11-604: Parents liable for restitution for minor’s criminal acts. § 16-107: Drivers’ license application must be cosigned by parent or guardian, who will then be liable for negligent operation by minor. Applicable to minors under 18. Dollar limit on parents’ liability: $10,000.
MD Anti-Bullying Statutes
Maryland Code Annotated, Criminal Law §3-607. Hazing
Maryland Code Annotated, Education §7-424. Reporting incidents of harassment or intimidation against students
Maryland Code Annotated, Education §7-424.1. Model policy prohibiting bullying, harassment, and intimidation
Maryland county boards of education are required to adopt an anti-bullying policy that aligns with the state’s model policy including:
- Prohibitions on bullying, harassment, and intimidation in schools
- Prohibitions on retaliation against those who report incidents
- Definitions of prohibited behaviors aligned with state law
- Consequences and remedial actions for policy violations
- Procedures for reporting and investigating incidents, including a designated contact person
- Processes for notifying parents/guardians of alleged victims and perpetrators
- Information on available support services for students involved (bullies, victims, bystanders)
- Details on using the reporting form and anonymous tip program
- Requirements for publicizing the policy within the district
Maryland’s anti-bullying laws also mandate that county boards submit their local policies to the State Superintendent and update them every five years to align with the state model. Districts must also report incidents of bullying, harassment, or intimidation to the State Board using a standard reporting form.
MA Parental Responsibility Statute
M.G.L.A. 231 § 85G: Willful Misconduct
Liability imposed on parents for minor’s willful act that causes injury to person or damage to property. Applicable to minors between 7 and 18. Dollar limit on parents’ liability: $5,000.
MA Anti-Bullying Statutes
Massachusetts General Laws Chapter 71, § 37O. School bullying prohibited
603 Mass. Code Regs. 49.04. Bullying and retaliation prohibited
603 Mass. Code Regs. 49.05. Notice to parents
Massachusetts state law mandates that school districts develop a comprehensive plan to address bullying prevention and intervention including:
- Statements prohibiting bullying, cyberbullying, and retaliation
- Procedures for reporting incidents, conducting investigations, and maintaining records of bullying data
- Consequences for violating the policy
- Steps to restore a victim’s sense of safety and assess their need for protection
- Strategies to provide counseling or other support for perpetrators and victims
- Requirements for publicizing the policy throughout the district
Additionally, the law requires districts to review and update their bullying prevention and intervention plans at least once every two years.
MI Parental Responsibility Statute
M.C.L.A. § 600.2913: Willful Misconduct
Liability imposed on parents when child willfully or maliciously causes injury to person or damage to property. Applicable to unemancipated minor under 18. Dollar limit on parents’ liability: $2,500.
MI Anti-Bullying Statute
Michigan Compiled Laws §380.1310b. Policy prohibiting bullying; adoption and implementation; public hearing; submission of policy to department; contents of policy; annual report of incidents of bullying; form and procedure; school employee, school volunteer, pupil, or parent or guardian reporting act of bullying to school official; modified policy; definitions; section to be known as “Matt Epling Safe School Law.”
Michigan school districts must adopt and implement a comprehensive anti-bullying policy including:
- Definitions prohibiting all forms of bullying, including cyberbullying
- Protections against retaliation or false accusations for those reporting bullying
- Assurances that the policy applies to all students
- Designation of a school official responsible for policy implementation
- Procedures for publicizing the policy
- Steps for notifying parents/guardians of bullying incidents
- Protocols for reporting, investigating, and documenting bullying
- Safeguards to ensure confidentiality for those reporting bullying
School districts must submit copies of their anti-bullying policies to the Department of Education and report annual incidents of bullying.
MN Parental Responsibility Statutes
M.S.A. § 540.18: Property Damage
M.S.A. § 611A.79: Bias Offense
§ 540.18: Liability imposed on parents when child willfully or maliciously causes injury to person or damage to property. § 611A.79: Liability imposed on parents when child commits bias offenses (race, color, religion, etc.). Parents are not liable if reasonable efforts are made to exercise control over minor’s behavior.
Applicable to:
- § 540.18: Minor (Under 18)
- § 611A.79: Same
Dollar limit on parents’ liability:
- § 540.18: $1,000
- § 611A.79: $5,000
MN Anti-Bullying Statutes
Minnesota Statutes §120B.22. Violence prevention education
Minnesota Statutes §121A.031. School student bullying policy
Minnesota Statutes §121A.0311. Notice of the rights and responsibilities of students and parents under the Safe and Supportive Minnesota Schools Act
Minnesota Statutes §121A.69. Hazing policy
Minnesota state law mandates that school districts adopt, implement, review, and revise written policies to prevent and prohibit bullying including:
- Defining the roles and responsibilities of students, school personnel, and volunteers under the policy
- Listing characteristics that may be the basis for bullying
- Specifying how the policy must be publicized within the district
- Outlining procedures for reporting and investigating incidents, including designating a primary staff contact to receive reports
- Detailing how schools will respond to incidents, including intervening to protect the target and providing other remedial measures
- Prohibiting reprisals or retaliation
- Providing information about available community resources for the target, perpetrator, and other affected individuals
Minnesota law also requires districts to review and revise these bullying prevention policies on a regular cycle, and to submit an electronic copy of the prohibited conduct policy to the state commissioner.
MS Parental Responsibility Statutes
M.C.A. § 93-13-2: Property Damage
M.C.A. § 97-15-1: Vandalism
M.C.A. § 63-1-25: Operating Vehicle
§ 93-13-2: Liability imposed on parents when child maliciously or willfully damages property. § 97-15-1: Liability imposed on parents when child willfully defaces or damages sign, device, signal, bridge, underpass, or overpass. § 63-1-25: Liability imposed on parents who signs child’s driver’s application and child negligently or willfully engages in misconduct.
Applicable to:
- § 93-13-2: Between 10 and 18
- § 97-15-1: Minor (Under 21)
- § 63-1-25: Minor (Under 17)
Dollar limit on parents’ liability:
- § 93-13-2: $5,000 Plus Court Costs
- § 97-15-1: $200
- § 63-1-25: Unlimited
MS Anti-Bullying Statutes
Mississippi Code §37-11-54. State Board of Education to develop list of conflict resolution and peer mediation materials, models, and curricula from evidence-based practices and positive behavioral intervention supports
Mississippi Code §37-11-67. Bullying or harassing behavior in public schools prohibited
Mississippi Code §37-11-69. Anti-bullying personnel and discipline policies and code of student conduct
Mississippi school districts must include the following in their discipline policies and codes of student conduct:
- Statements prohibiting the bullying or harassment of students.
- Statements prohibiting retaliation against anyone who reports an incident of bullying.
- Procedures for promptly notifying the parents/guardians of both the victim and the perpetrator after a bullying incident.
- Guidance on the steps students should take to get assistance and intervention in response to bullying.
- Detailed procedures for reporting and investigating bullying incidents, including a requirement to post the reporting process on the district’s website.
- Information on counseling options for students who are victims, witnesses, or perpetrators of bullying.
- Prohibitions against disciplining students who use reasonable self-defense against bullying.
MO Parental Responsibility Statutes
Mo. Rev. Stat. § 537.045: Property Damage/Personal Injury
Mo. Rev. Stat. § 302.250: Liability for Minor’s Driving
§ 537.045: Liability imposed on parents when child purposefully marks or defaces property, or purposefully causes personal injury to another. § 302.250: Parent will be held liable when they knowingly allow a minor under 16 years of age to use their motor vehicle. Applicable to minors under 18. Dollar limit on parents’ liability: $2,000.
MO Anti-Bullying Statute
Missouri Revised Statutes §160.775. Anti-bullying policy required — definition — content, requirements
Missouri school districts are required to adopt a comprehensive anti-bullying policy. This policy must include key elements such as:
- Definitions of bullying that are at least as inclusive as state law
- Procedures for reporting and investigating incidents, including designated staff to receive reports and handle investigations
- Prohibitions on retaliation, and consequences for retaliation
- Plans to publicize the policy within the district
- Procedures for discussing the policy with students and training staff and volunteers
Additionally, Missouri law mandates that school districts regularly review and revise their anti-bullying policies with input from school personnel, students, and administrators. Districts must also collect data on issues like violence, substance abuse, and bullying, and use this information to modify programs and strategies to ensure safe and orderly schools.
MT Parental Responsibility Statutes
Mont. Code Ann. § 40-6-237: Willful Misconduct
Mont. Code Ann. § 61-5-108: Liability for Minor’s Driving
§ 40-6-237: Liability imposed on parents when child willfully or maliciously damages property (does not apply to damages done to businesses). § 61-5-108: A minor’s application for a drivers’ license must be signed by parent or adult willing to assume liability for result of minor’s negligence, unless a policy of insurance is in place to provide coverage for said minor. Applicable to minors under 18. Dollar limit on parents’ liability: $2,500.
MT Anti-Bullying Statute
Montana Code Annotated § 20-5-209. Bullying of student prohibited
Montana school districts must adopt a comprehensive policy to address bullying, hazing, intimidation, and harassment of students. The policy must include the following key elements:
- Statements explicitly prohibiting such behaviors
- Procedures for reporting incidents, conducting investigations, and documenting findings, including designating a responsible party
- Procedures for determining jurisdiction and referring issues to the appropriate authorities
- Prompt notification protocols for informing alleged victims, perpetrators, and/or their parents/guardians (for minors)
- Protective measures to shield alleged victims from further incidents
- Disciplinary consequences for policy violations
- Intervention and remediation processes for both victims and perpetrators
NE Parental Responsibility Statute
Neb. Rev. Stat. § 43-801: Willful Misconduct
Liability imposed on parents when child willfully or intentionally causes injury to person or damage to property. Applicable to minor under 18. Dollar limit on parents’ liability: $1,000.
NE Anti-Bullying Statute
Nebraska Revised Statutes §79-2,137. School district; development and adoption of bullying prevention and education policy; review
While Nebraska’s anti-bullying laws mandate that school districts review their bullying prevention policies annually, they do not dictate the specific content that must be included in those policies. As a result, Nebraska school districts have the flexibility to develop and adopt their own tailored policies concerning bullying prevention and education for all students.
NV Parental Responsibility Statute
N.R.S. § 41.470: Personal Injury / Property Damage
N.R.S. § 41.472: Firearms
N.R.S. §§ 483.300, 486.101: Auto Liability
§ 41.470: Joint and several liability imposed on parents when a child willfully causes injury to person or damage to property. § 41.472: Liability imposed on parents for a child’s negligent or willful misuse of a firearm, if child has been adjudicated delinquent or convicted of criminal offense, parent knows of child’s propensity to commit violent acts, and parent knows that child intends to use firearm, or permits child to use firearm. §§ 483.300, 486.101: Joint and several liability imposed on parents who signs a child’s driver’s application and child willfully or negligently causes injury or property damage while operating motor vehicle, or motorcycle.
Applicable to:
- § 41.470: Minor (Under 18)
- § 41.472: Minor (Under 18)
- §§ 483.300 and 486.101: Minor (Under 18)
Dollar limit on parents’ liability:
- § 41.470: $10,000
- § 41.472: Unlimited
- §§ 483.300, 486.101: Unlimited
NV Anti-Bullying Statutes
Nevada Revised Statutes Annotated § 62C.400. Department of juvenile services to provide certain information to juvenile court and school district concerning child who engaged in bullying or cyber-bullying
Nevada Revised Statutes Annotated § 388.135. Bullying and cyber-bullying prohibited
Nevada’s anti-bullying laws direct the Department of Education to establish a comprehensive policy for all school districts and schools. The policy aims to ensure a safe and respectful learning environment, free from bullying and cyberbullying.
School district policies must include key elements such as:
- Procedures for reporting and investigating incidents
- Requirements for notifying parents of students involved
- Follow-up processes to check on victim well-being and ensure bullying has stopped
- Resources to assist students involved in bullying
- Appeals processes for disciplinary decisions
- Statements on student rights to request school reassignment
- Methods for addressing the needs of students who have a diverse gender identity
- Provisions to train all school personnel
The laws also encourage districts to review and update their policies annually, submitting any changes to the Department of Education.
NH Parental Responsibility Statute
N.H. Rev. Stat. Ann. § 507:8-e: Property Damage
Liability imposed on parents when a child vandalizes real or personal property and the parents fail or neglect to supervise child, or to control the conduct of child. Applicable to minor under 18. Dollar limit on parents’ liability: Unlimited.
NH Anti-Bullying Statute
New Hampshire Revised Statutes Annotated §193-F:4. Pupil safety and violence prevention
New Hampshire school districts are required to adopt a comprehensive written policy prohibiting bullying and cyberbullying including:
- Definitions of bullying that align with state law
- Statements prohibiting bullying/cyberbullying and retaliation or false accusations
- Requirements to protect all students regardless of their status
- Disciplinary consequences and interventions for bullying/cyberbullying or false accusations
- Procedures for reporting, investigating, and responding to substantiated incidents, including identifying a point of contact
- Requirements to provide assistance to victims and perpetrators
- Procedures for notifying parents/guardians and communicating the school’s remedies
- Identification of a school official responsible for policy implementation
School districts must also annually report substantiated bullying/cyberbullying incidents to the state Department of Education.
NJ Parental Responsibility Statutes
N.J.S.A. § 2A:53A-16: Damage to Certain Transportation Infrastructure
N.J.S.A. § 18A:37-3: Damage to School Property
§ 2A:53A-16: Liability imposed on parents when a child willfully or maliciously causes damage to railroad, public utility, street railway, traction railway. § 18A:37-3: Liability imposed on parents when a child damages school property. Applicable to minors under 18.
Dollar limit on parents’ liability:
- § 2A:53A-16: $5,000, Plus Costs
- § 18A:37-3: Unlimited
NJ Anti-Bullying Statute
N.J. Stat. § 18A:37-13.2 Short title [Anti-Bullying Bill of Rights Act]
New Jersey school districts are required to adopt a comprehensive policy prohibiting harassment, intimidation, bullying, and cyberbullying including:
- Statements prohibiting these behaviors
- Definitions of harassment, intimidation, and bullying
- Descriptions of expected student conduct
- Consequences and remedial actions for perpetrators
- Procedures for reporting and investigating incidents
- Prohibition of retaliation
- Plans for publicizing the policy district-wide
New Jersey’s anti-bullying laws mandate that districts annually review and revise their policy, with input from school anti-bullying specialists.
NM Parental Responsibility Statutes
N.M.S.A. § 32A-2-27 (1978): Personal Injury/Property Damage
N.M.S.A. § 66-5-11 (1978): Auto Liability
§ 32A-2-27: Liability imposed on parents when a child willfully or maliciously injures person, or willfully or maliciously destroys property. § 66-5-11: Liability imposed on parents when a child commits willful or negligent acts in operation of motor vehicle and parent signed child’s application for license or permit.
Applicable to:
- § 32A-2-27: Minor (Under 18)
- § 66-5-11: Minor (Under 18)
Dollar limit on parents’ liability:
- § 32A-2-27: $4,000, plus costs and reasonable attorney’s fees
- § 66-5-11: Unlimited
NM Anti-Bullying Statutes
New Mexico Education Code §22-35-3. Bullying prevention policies; adoption and enforcement
New Mexico Education Code §22-35-4. Bullying prevention programs establishment
New Mexico Administrative Code §6.12.7.8. Bullying Prevention Policies – Adoption and Enforcement
New Mexico Administrative Code §6.12.7.9. Bullying Prevention Programs – Establishment
New Mexico school districts are required to adopt comprehensive policies to prevent bullying such as:
- Definitions of prohibited behaviors that align with state law
- Statements prohibiting bullying and retaliation against those who report or witness bullying
- Disciplinary consequences designed to correct the behavior, prevent recurrence, and protect the target
- Procedures for reporting and investigating incidents, including timelines and designating an administrator to lead investigations
- Protocols for notifying the parents of the alleged bully and the targeted student
- An appeals process for students accused of bullying or targeted by bullying who are unsatisfied with the investigation outcome
- Procedures for developing safety support plans for students targeted by bullying
New Mexico school boards must include these prevention policies in student handbooks and distribute them in the languages spoken by families at home. Boards must also establish procedures for schools to report aggregate bullying and harassment data to the Department of Education on an annual basis.
NY Parental Responsibility Statute
N.Y. Gen. Oblig. Law § 3-112(1): Willful Misconduct
Liability imposed on parents when child willfully, maliciously, or unlawfully destroys property; liability imposed on parent when child, with intent to deprive an owner and/or custodian of property, or to appropriate the same to himself or herself or to a third person, knowingly enters or remains in a building and wrongfully takes, obtains or withholds property from the building in which the personal property is owned or maintained; liability imposed on parent when child falsely reports an incident or places a false bomb. Applicable to minors between 10 and 18. Dollar limit on parents’ liability: $5,000.
NY Anti-Bullying Statute
N.Y. Comp. Codes R. & Regs. tit. 8 § 119.6 Polices against harassment, bullying, and discrimination
New York school districts must establish and implement comprehensive policies, procedures, and guidelines to create a safe, inclusive school environment free from harassment, bullying, and discrimination. These district policies must include key elements such as:
- Designating a school employee to receive reports of harassment, bullying, and discrimination
- Detailed procedures for reporting, investigating, and documenting incidents
- Requirements for the school to take prompt, effective action to stop the behavior, eliminate any hostile environment, foster a positive school culture, prevent recurrence, and ensure student safety
- Prohibitions against retaliation for reporting incidents
- Strategies to proactively prevent harassment, bullying, and discrimination
- Mandates to notify law enforcement of any criminal conduct
- Provisions for widely publicizing the district’s policy
New York’s anti-bullying laws require schools to regularly report data and trends related to these issues to the superintendent. The state also mandates a procedure for schools to annually report incidents of harassment, bullying, and discrimination.
NC Parental Responsibility Statute
N.C.G.S.A. § 1-538.1: Willful Misconduct
Liability imposed on parents when child willfully or maliciously injures person or property. Applicable to minors under 18. Dollar limit on parents’ liability: $2,000.
NC Anti-Bullying Statutes
North Carolina General Statute § 14-35. Hazing; definition and punishment
North Carolina General Statute §14-458.1. Cyber-bullying; penalty
North Carolina General Statute §115C-407.15. Bullying and harassing behavior
North Carolina General Statute §115C-407.16. Policy against bullying and harassing behavior
North Carolina General Statute §115C-407.17. Prevention of school violence
North Carolina school districts must adopt a comprehensive policy that prohibits bullying and harassing behavior including:
- Statements clearly prohibiting bullying and harassing behavior.
- Definitions of bullying and harassing behavior that are at least as inclusive as the definitions provided in state law.
- Descriptions of the behavioral expectations for each student and school employee.
- Disciplinary consequences and remedial actions for individuals who commit acts of bullying or harassment.
- Procedures for reporting incidents and conducting investigations, including the designation of the principal or a designee as the person responsible for investigations.
- Statements prohibiting retaliation against anyone who reports bullying or harassment, along with consequences for such retaliation.
- Provisions for how the policy will be communicated and publicized throughout the school district.
ND Parental Responsibility Statutes
N.D.C.C. § 32-03-39: Property Damage
N.D.C.C. § 39-06-09: Auto Liability
§ 32-03-39: Liability imposed on parents when child willfully or maliciously destroys property. § 39-06-09: Joint and several liability imposed on parents when child commits negligent acts in operation of motor vehicle, such as negligent acts that harm people or property, and parent signed child’s application for license or permit. Applicable to minors under 18.
Dollar limit on parents’ liability:
- § 32-03-39:$1,000, Plus Costs
- § 39-06-09: Unlimited
ND Anti-Bullying Statutes
North Dakota Century Code Chapter 15.1-19-17. Bullying – Definition
North Dakota Century Code Chapter 15.1-19-18. Bullying – Prohibition by policy
North Dakota Century Code Chapter 15.1-19-20. Bullying prevention programs
North Dakota school districts must adopt a comprehensive anti-bullying policy that includes:
- Statements prohibiting bullying, as well as any reprisal or retaliation against a victim, witness, or individual who reports an alleged act of bullying
- Definitions of prohibited behaviors that align with or exceed the state’s legal definition of bullying
- Detailed procedures for reporting, investigating, and documenting incidents
- Disciplinary consequences for policy violations
- Requirements for notifying law enforcement if there is reasonable suspicion of criminal activity
- Strategies to protect victims of bullying, reprisal, or retaliation
North Dakota law requires districts to explain and discuss the policy with students, and file a copy with the superintendent of public instruction.
OH Parental Responsibility Statutes
Ohio Rev. Code Ann. § 2307.70: Various Conduct
Ohio Rev. Code Ann. § 3109.09: Property Damage
Ohio Rev. Code Ann. § 3109.10: Personal Injury
Ohio Rev. Code Ann. § 4507.07: Auto Liability
§ 2307.07: Joint and several liability imposed on parents for a child’s acts of vandalism, desecration, or ethnic intimidation. § 3109.09: Liability imposed on parents when a child willfully causes damage to property. § 3109.10: Liability imposed on parents when a child willfully and maliciously assaults a person with a force likely to produce great bodily harm. § 4507.07: Joint and several liability imposed on parents who signed a child’s application for license or permit and the child commits negligent or willful acts in operation of motor vehicle and such acts cause injury to another person or damage to property. Applicable to minors under 18.
Dollar limit on parents’ liability:
- § 2307.07: $15,000 plus costs, reasonable expenses, and attorney’s fees
- § 3109.09, 3109.10: $10,000, plus costs
- § 4507.07: Unlimited
OH Anti-Bullying Statutes
Ohio Revised Code Annotated §3313.6024. Reporting on prevention-focused programs
Ohio Revised Code Annotated §3313.666. District policy prohibiting harassment, intimidation, or bullying required
Ohio Revised Code Annotated §3313.667. District bullying prevention initiatives
Ohio Revised Code Annotated §3319.073. In-service training in child abuse prevention programs, school safety and violence prevention, and training on the board’s harassment, intimidation, or bullying policy
Ohio school districts are required to establish a policy that prohibits harassment, intimidation, and bullying including:
- Statements prohibiting harassment, intimidation, and bullying, along with the scope of where and when the policy applies
- Definitions of prohibited behaviors that align with state law
- Procedures for reporting, investigating, and documenting incidents
- Strategies to protect victims or others from retaliation after a report
- Disciplinary consequences for policy violations
- Prohibitions against false reporting by students
- Details on how the policy will be publicized within the district
- Requirements to provide a written summary of all reported incidents and post it on the district website
Ohio state school district audits review whether districts have adopted a policy prohibiting harassment, intimidation, and bullying.
OK Parental Responsibility Statutes
Okla. Stat. Ann. Tit. 23, § 10: Willful Misconduct
Okla. Stat. Ann. Tit. 47, § 6-107: Liability for Minor’s Driving
§ 10: Limited to criminal or delinquent acts of child. Westlake Presbyterian Church v. Cornforth, 940 P.2d 1208 (Okla. 1996); Also applies to non-custodial parent. In re J.L.M., 109 P.3d 336 (Okla. 2005). § 6-107: Any negligence by a minor while driving a motor vehicle will be imputed to the parent/adult who signed their drivers’ license application. Applicable to minors under 18. Dollar limit on parents’ liability: $2,500.
OK Anti-Bullying Statutes
Oklahoma Statute Annotated Title 70, §24-100.2. Short title- School Safety and Bullying Prevention Act
Oklahoma Statute Annotated Title 70, §24-100.3. School Safety and Bullying Prevention Act- Purpose and Definitions
Oklahoma Statute Annotated Title 70, §24-100.4. School Safety and Bullying Prevention Act – Discipline of child – Prohibition of bullying at school and online- Policy requirements
Oklahoma school districts must adopt a comprehensive policy for disciplining students and investigating reported incidents of bullying including:
- Procedures for reporting and investigating bullying incidents, including reporting to local law enforcement
- Statements of consequences for violating the policy
- How the policy will be publicized within the district
- Procedures for notifying parents/guardians of victims and perpetrators
- Designation of a school official responsible for enforcing the policy
- Requirements for annual training of administrators and staff
- Provisions for student and parent education on bullying prevention and response
- Procedures for referring bullying students to delinquency prevention programs
- Disciplinary consequences and remedial actions for bullying perpetrators
- Strategies for providing counseling or referral services for targets, perpetrators, and their families
- Procedures for documenting and reporting the number of bullying incidents
Oklahoma law also requires the State Board of Education to monitor district compliance, impose sanctions for non-compliance, maintain a central repository of verified bullying incidents, and publish annual incident reports.
OR Parental Responsibility Statute
O.R.S. § 30.765: Willful Misconduct
Liability imposed on parents when child commits intentional or reckless tort. Applicable to minors under 18. Dollar limit on parents’ liability: $7,500.
OR Anti-Bullying Statutes
Oregon Revised Statute §339.250. Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies
Oregon Revised Statute §339.341. Statewide School Safety and Prevention System; rules
Oregon school districts must adopt a comprehensive policy that prohibits harassment, intimidation, bullying, and cyberbullying including:
- Statements clearly prohibiting such behaviors, with definitions aligned to state law
- Definitions of “protected class” consistent with state law
- Scope statements indicating when and where the policy applies
- Descriptions of the expected behavior from each student
- Procedures for reporting incidents and conducting investigations, including designating a responsible school official
- Processes for reviewing the district’s response to reported incidents
- Descriptions of how the district will address confirmed acts of harassment, intimidation, bullying, or cyberbullying
- Disciplinary consequences and remedial actions for verified incidents, as well as for retaliation or false accusations
- Provisions for publicizing the policy throughout the district
Failure to comply with these legal requirements may result in the withholding of state funds, as Oregon’s anti-bullying laws deem non-compliant districts to be “non-standard.”
PA Parental Responsibility Statute
23 Pa. Code §§ 5502, 5505: Personal Injury
Kelly v. Seachrist, 18 Pa. D. & C.4th 514 (Com. Pl. 1993): Liability for Minor’s Driving
§§ 5502, 5505: Liability imposed on parents when child is found liable or adjudged guilty of tortious act that causes injury to another person. Kelly v. Seachrist, 18 Pa. D. & C.4th 514 (Com. Pl. 1993): If a minor is found to be operating a vehicle in a negligent manner on the highway without a driver’s license, and in an unlicensed vehicle, a court could conclude that the minor committed a willful tortious act, and 23 Pa. Code § 5502 would apply. Applicable to minors under 18.
Dollar limit on parent’s liability: $1,000 limit per person injured by child’s acts; $2,500 limit per incident, regardless of number of injured persons.
PA Anti-Bullying Statute
Pennsylvania Statute 24 §13-1303.1-A. Policy relating to bullying
Pennsylvania school districts must adopt or amend policies related to bullying, and incorporate these policies into their code of conduct. The policies must include key elements such as:
- Definitions of bullying
- Disciplinary consequences for policy violations
- Designation of staff to receive reports of alleged bullying
- Procedures for reporting bullying incidents
- Requirements for publicizing the policy within the district
- Additionally, Pennsylvania’s anti-bullying laws require districts to:
- Review bullying policies every three years
- Annually provide the Office for Safe Schools with a copy of the policy, including details on any bullying prevention, intervention, and education programs
- Report all incidents that qualify as bullying under the district’s definition and meet state reporting requirements
RI Parental Responsibility Statutes
R.I.G.L. 1956 § 9-1-3: Willful Misconduct
R.I.G.L. § 31-10-15: Liability for Minor’s Driving
§ 9-1-3: Joint and several liability imposed on parents when child willfully or maliciously causes damages to property or injury to another person. § 31-10-15: Any negligence by a minor while driving a motor vehicle will be imputed to the parent/adult who signed their drivers’ license application, and they will be jointly and severally liable. Applicable to minors under 18. Dollar limit on parents’ liability: $1,500.
RI Anti-Bullying Statutes
Rhode Island General Laws §16-21-24. Requirements of school safety plans, school emergency response plans, and school crisis response plans
Rhode Island General Laws §16-21-33. Safe schools act
Rhode Island General Laws §16-21-34. Statewide bullying policy implemented
Rhode Island school districts must adopt the statewide bullying policy to ensure a consistent and unified approach to prohibiting bullying in schools. The statewide policy, which applies to all schools, must include the following:
- Statements prohibiting bullying, cyberbullying, and retaliation
- Procedures for reporting, investigating, and responding to incidents
- Disciplinary consequences that balance accountability and teaching appropriate behavior, including a parental engagement strategy and limits on suspension
- Procedures for restoring a victim’s sense of safety and assessing their need for protection
- Processes for notifying parents/guardians of victims and perpetrators, including actions taken to prevent further bullying or retaliation, and notifying law enforcement when criminal charges may be pursued
- Strategies for protecting from retaliation those who report bullying or have reliable information about it
- Designation of a principal or designee to oversee policy implementation and monitoring
- Plans for publicizing the policy within the district
SC Parental Responsibility Statutes
S.C. Code Ann § 63-5-60: Willful Misconduct
S.C. Code Ann § 56-1-110: Liability for Minor’s Driving
§ 63-5-60: Liability is imposed on parents when child causes malicious or willful personal injury, theft, or destruction to or damages of property. § 56-1-110: Adult or guardian signing minor’s drivers’ license application will be jointly and severally liable for the motor vehicle negligence of the minor, unless there is a policy of insurance in place which provides required coverage. Applicable to minors under 18. Dollar limit on parents’ liability: $5,000.
SC Anti-Bullying Statutes
South Carolina Code Annotated §59-63-140. Local school districts to adopt policies prohibiting harassment; required components; model policies by State Board of Education; bullying prevention programs
South Carolina Code Annotated §59-63-275. Student hazing prohibited; definitions
All South Carolina school districts must adopt a policy that prohibits harassment, intimidation, and bullying. These district-level policies must include key elements such as:
- Statements explicitly prohibiting the harassment, intimidation, or bullying of any student
- Definitions of prohibited behaviors that are at least as inclusive as those in state law
- Descriptions of appropriate student conduct
- Consequences and corrective actions for individuals who engage in harassment, intimidation, bullying, reprisal, or retaliation
- Procedures for reporting incidents and conducting investigations, including the designation of responsible school personnel
- Statements prohibiting any form of reprisal or retaliation
- Processes for discussing the district’s policy with students
- Provisions for publicizing the policy throughout the district
SD Parental Responsibility Statute
S.D.C.L. § 25-5-15: Willful Misconduct
Liability imposed on parents when child willfully or maliciously causes damage, except when child’s conduct occurred through the operation of a motor vehicle. Applicable to minors under 18. Dollar limit on parents’ liability: $2,500 of actual damages plus costs.
SD Anti-Bullying Statutes
South Dakota Codified Laws §13-32-14. Adoption of bullying policy
South Dakota Codified Laws §13-32-15. Bullying defined
South Dakota Codified Laws §13-32-16. Bullying policy requirements
South Dakota Codified Laws §13-32-17. Action for damages from bullying–Immunity for reporting
Pursuant to state law, all South Dakota school districts must implement anti-bullying policies that include key components such as: clear prohibitions on bullying, definitions of prohibited behaviors aligned with state statutes, descriptions of expected student conduct, consequences for policy violations, and detailed procedures for reporting, investigating, and responding to incidents.
TN Parental Responsibility Statutes
T.C.A §§ 37-10-101, 37-10-103: Willful Misconduct
T.C.A. § 55-50-312: Liability for Minor’s Driving
§ 37-10-101: Liability imposed on parents when child willfully or maliciously injures person or property. § 37-10-103: Cap on damages does not apply when parents know, or should know, of child’s propensity to commit injurious acts. § 55-50-312: Adult or guardian signing minor’s drivers’ license application will be jointly and severally liable for the motor vehicle negligence of the minor, and must also file proof of financial responsibility on behalf of minor. Applicable to minors under 18. Dollar limit on parents liability: $10,000 unless propensity to commit injurious acts.
TN Anti-Bullying Statutes
Tennessee Code Annotated §49-2-120. Prohibition against hazing
Tennessee Code Annotated §49-6-4503. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by the school district
Tennessee Code Annotated §49-6-4504. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by LEA
Tennessee Code Annotated §49-6-4505. Reprisal or retaliation prohibited – Reporting harassment, intimidation, bullying or cyberbullying – Immunity from damages
Tennessee state law requires school districts to adopt a comprehensive policy prohibiting harassment, intimidation, bullying, and cyberbullying, such as:
- Statements defining and prohibiting the prohibited behaviors, along with the scope of where and when the policy applies
- Descriptions of the expected conduct from each student
- Procedures for reporting incidents and conducting investigations
- Disciplinary consequences for violating the policy
- Statements on how the district will respond to confirmed bullying incidents
- Prohibitions against retaliation
- Details on how the policy will be publicized within the district
- Procedures for referring students to counseling and support services
- Processes for discouraging and reporting sexually-charged conduct
Districts must review this policy at least once every three years and submit an annual report to the Department of Education detailing the number of alleged and substantiated bullying incidents, as well as the investigations completed.
TX Parental Responsibility Statute
V.T.C.A. Family Code §§ 41.001 and 41.002: Willful Misconduct
Liability imposed on parents for a child’s negligent, willful, or malicious acts that cause property damage. However, child’s acts must be reasonably attributable to parent’s negligence in exercising parental duties. Applicable to minors under 18 who are at least 10.
Dollar limit on parents’ liability: If child’s conduct is willful or malicious, then $25,000 cap applies. Successful plaintiff also entitled to costs and reasonable attorney’s fees.
TX Anti-Bullying Statute
Texas Education Code Annotated §37.0832. Bullying prevention policies and procedures
Texas school districts are required to adopt a comprehensive policy addressing bullying including:
- Statements prohibiting bullying and retaliation
- Procedures for notifying parents/guardians of alleged victims and bullies
- Guidance for students on how to seek assistance and intervention for bullying
- Available counseling options for students involved in or witnessing bullying
- Reporting and investigation procedures
- Provisions for disciplining students with disabilities
- Requirements for publicizing the district’s bullying policy
UT Parental Responsibility Statutes
U.C.A. 1953 § 78(A)-6-1113: Property Damage and Interruption; Discharge of Object; Theft
U.C.A. 1953 §§ 53-3-211, 53-3-212: Auto Liability
§ 78(A)-6-1113: Liability imposed on parents if child intentionally damages or steals property, if child recklessly or willfully shoots an object at a vehicle, airplane, boat or train, or if child intentionally or unlawfully tampers with property of another and recklessly endangers human life or recklessly causes substantial interruption or impairment of a public utility service. § 53-3-211: Joint and several liability imposed on parents who signed child’s application for driver’s license or permit and child negligently injures person or damages property while operating motor vehicle. § 53-3-212: Joint and several liability imposed on parents who allow child to operate motor vehicle and child negligently injures person or damages property while operating motor vehicle. Applicable to minors under 18.
Dollar limit on parents’ liability:
- § 78(A)-6-1113: $2,000
- § 53-3-211: Unlimited
UT Anti-Bullying Statutes
Utah Code Annotated §53G-9-602. Bullying, hazing, and cyber-bullying prohibited
Utah Code Annotated §53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy
Utah school districts must adopt a comprehensive policy addressing bullying, cyberbullying, hazing, abusive conduct, and retaliation including:
- Definitions of prohibited behaviors that align with state law
- Prohibitions against bullying, cyberbullying, hazing, abusive conduct, retaliation, and false reporting
- Requirements for notifying parents of incidents involving bullying, cyberbullying, hazing, abusive conduct, retaliation, or student threats of suicide
- Grievance processes for school employees
- Detailed reporting and investigation procedures, including interviews, review of disciplinary records and physical evidence, and criteria for reporting incidents to law enforcement
- Action plans to address reported incidents
- Provisions for publicizing the policy within the district
Utah school boards must adopt policies prohibiting the use of electronic devices in ways that bully, humiliate, harass, or intimidate school-related individuals. Districts are also required to report annually to the State Board of Education on their anti-bullying policies, employee training, and other related information.
VT Parental Responsibility Statute
Vt. Stat. Ann. Tit. 15, § 901: Willful Misconduct
Liability imposed on parents when child willfully or maliciously injures person or property. Applicable to unemancipated minors under 18. Dollar limit on parents’ liability: $5,000.
VT Anti-Bullying Statute
Vermont Statute Annotated Title 16, §570. Harassment, hazing, and bullying prevention policies
Vermont school districts are required to adopt separate policies that address the prevention of harassment, hazing, and bullying such as:
- Statements prohibiting bullying as defined by state law
- Procedures for reporting and investigating incidents
- Circumstances under which bullying may be reported to law enforcement
- Disciplinary consequences and remedial actions for students who commit bullying
- Descriptions of how the school board will ensure teachers and staff receive training in preventing, recognizing, and responding to bullying
- Designation of two or more people at each school to receive bullying complaints
Vermont’s anti-bullying laws state that any school board that fails to adopt the required policies will be presumed to have adopted the most current model policy published by the Secretary.
VA Parental Responsibility Statutes
Va. Stat. § 8.01-43: Damage to Public Property
Va. Stat. § 8.01-44: Damage to Private Property
Va. Code Ann. § 8.01-64: Liability for Minor’s Driving
§§ 8.01-43, 8.01-44: Liability imposed on parents when child willfully or maliciously damages or destroys public (§8.01-43) or private (§8.01-44) property. § 8.01-64: If a parent or adult allows a minor under the age of 16 to drive a vehicle, they will be jointly and severally liable for damages resulting from that minor’s negligence. Applicable to minors under 18. Dollar limit on parents’ liability: $2,500.
VA Anti-Bullying Statute
Virginia Code Annotated §22.1-207.2:1. Anti-bullying or suicide prevention materials; parental right to review
Virginia school districts must include policies and procedures in their student conduct codes to prohibit bullying. These district policies must align with the state board’s standards for school board policies on bullying, including the use of electronic means for bullying.
WA Parental Responsibility Statute
R.C.W.A. § 4.24.190: Willful Misconduct
Liability imposed on parents when child willfully or maliciously injures person or defaces or destroys property. Applicable to minors under 18. Dollar limit on parents’ liability: $5,000.
WA Anti-Bullying Statute
Washington Revised Code § 28A.600.477. Prohibition of harassment, intimidation, and bullying
Washington school districts must adopt or amend a policy and procedure that prohibits harassment, intimidation, and bullying of any student. The policy and procedure must incorporate the model policy and procedure developed by the state including:
- Statements prohibiting harassment, intimidation, and bullying, and defining the scope of where and when the policy applies
- Definitions of prohibited behaviors
- Strategies to prevent harassment, intimidation, and bullying, such as policy dissemination, education, staff training, and prevention approaches at the individual, classroom, school, and district levels
- Designation of a compliance officer as the primary contact for harassment, intimidation, and bullying issues
- Requirements for immediate staff intervention
- Procedures for reporting and investigating incidents
- Disciplinary consequences and corrective actions for students who commit acts of harassment, intimidation, or bullying
- Supports for targeted students
- Lists of other related resources, policies, and procedures
- Requirements for how districts must communicate the policy and procedure to parents, students, employees, and volunteers
Washington’s anti-bullying laws require districts to provide the Office of the Superintendent of Public Instruction with a brief summary of their policies, procedures, programs, partnerships, vendors, and instructional/training materials. This information must be publicly posted, and districts must provide a link to their website for further details.
WV Parental Responsibility Statute
W. Va. Code § 55-7A-2: Willful Misconduct
Liability imposed on parents when child willfully or maliciously injures person, destroys property, sets fire to forest or wooded area of another, or willfully takes property of another. Applicable to minors under 18. Dollar limit on parents’ liability: $5,000, limited to actual damages, court costs, and interest from date of judgment.
WV Anti-Bullying Statutes
West Virginia Code Annotated §18-2-33. Rules for anti-hazing
West Virginia Code Annotated §18-2C-3. Policy prohibiting harassment, intimidation or bullying
West Virginia school districts must adopt a policy prohibiting harassment, intimidation, and bullying such as:
- Statements prohibiting harassment, intimidation, or bullying, and defining the scope of where and when the policy applies
- Definitions of harassment, intimidation, and bullying that are at least as inclusive as state law
- Procedures for reporting, investigating, and documenting reported incidents
- Requirements to notify parents of any students involved in a bullying incident
- Strategies to protect victims from further harassment, intimidation, bullying, or retaliation
- Disciplinary consequences for students found guilty of harassment, intimidation, or bullying
- Provisions to protect student confidentiality
West Virginia’s anti-bullying laws also require county school boards to submit their harassment, intimidation, and bullying policies to the State Superintendent and publish them in student handbooks. Additionally, boards must compile data on bullying incidents and annually report them to the state.
WI Parental Responsibility Statutes
Wis. Stat. § 895.035: Property Damage, Theft, and Other Tortious Conduct
Wis. Stat. § 343.15: Auto Liability
§ 895.035: Liability imposed on parents for child’s damages to property, including school property, child’s violation of ordinance prohibiting graffiti, the value of unrecovered property that was stolen by child; and for willful, wanton, or malicious act of child. § 343.15: Joint and several liability is imposed on the parents who signs the child’s license application for the child’s negligent or willful misconduct in operating a motor vehicle.
Applicable to:
- § 895.035: Minor (Under 18)
- § 343.15: Minor (Under 18)
Dollar limit on parents’ liability:
- § 895.035: $5,000, plus court costs for property damage; $20,000, plus court costs, disbursements and reasonable attorney’s fees when there is damage to school property. Max recovery for retail theft is set in § 943.51 and is as follows: Retail Value (unless returned unused and undamaged), plus actual damages, plus exemplary damages (not to exceed two times retail value plus actual damages, or $300 per violation).
- § 343.15: Unlimited
WI Anti-Bullying Statutes
Wisconsin Statute §118.46. Policy on bullying
Wisconsin Statute §948.51. Hazing
Wisconsin Administrative Code PI 9.01. Discrimination prohibited
Wisconsin’s anti-bullying laws mandate that school districts adopt a policy prohibiting student bullying, though they do not dictate the specific content of such policies. Districts may choose to implement a model bullying policy developed by the state’s education department. Additionally, Wisconsin schools must annually distribute copies of their anti-bullying policy to all enrolled students and their parents/guardians, as well as provide the policy upon request.
WY Parental Responsibility Statute
Wyo. Stat. § 14-2-203: Willful Misconduct
Liability imposed on parents if child willfully damages or destroys property. Applicable to minors under 17, but over 10. Dollar limit on parents’ liability: $2,000 plus costs.
WY Anti-Bullying Statute
Wyoming Statutes Annotated §21-4-313. Prohibition against harassment, intimidation or bullying; reporting to school officials
Wyoming school districts are required to adopt a comprehensive policy that prohibits harassment, intimidation, bullying, or cyberbullying including:
- Statements prohibiting the harassment, intimidation, or bullying of students
- Definitions of prohibited behaviors that are at least as inclusive as state law
- Disciplinary consequences and remedial actions for those who engage in harassment, intimidation, bullying, or acts of retaliation
- Procedures for promptly reporting, investigating, and documenting incidents, including identifying the appropriate personnel responsible
- Statements prohibiting retaliation against those who report harassment, intimidation, or bullying
- Strategies for protecting victims after a report is made
- Consequences for making false accusations or reports
- Processes for discussing the policy with students
- Statements about how the policy will be publicized within the district
Wyoming school districts must continuously review and revise their bullying policies as needed.
July 31st, 2024
(312) 223-1700