Let’s talk about bullying. First a disclaimer: State laws regarding bullying in schools do vary. The information here is specific to Massachusetts, though you may find some similarities in other states.
Bullying can take shape in many ways in regards to your child:
• Your child has been reported to be bullying many other students
• Your child has been reported to be targeting a single child with bullying behavior
• Your child is being bullied by an individual or range of children
• Your child is bullied by a teacher or administrator
If your child has reported to you that they are being bullied in school – or your school has informed you they are accused of behavior that may be considered bullying, you may be in need of a roadmap. Every school district is required to create, implement, and provide to the public a Bullying Intervention and Prevention Plan with specific details regarding the reporting of bullying incidents, investigation of allegations, and reporting of findings.
First, it is important to know that bullying isn’t just “being mean.”
The definition of bullying in Massachusetts includes a few key components:
Bullying involves the “repeated use” by “one or more” students – or by a member of a school staff – of a written, verbal, or electronic expression, or a physical act or gesture (including a combination of the two) that is directed at a victim or target and:
- Causes physical or emotional harm to the victim or damage to the victim’s property;
- Places the victim in reasonable fear of harm to himself or of damage to his property;
- Creates a hostile environment at school for the victim;
- Infringes on the rights of the victim at school; or
- Materially and substantially disrupts the education process or orderly operation of a school.
A district’s bullying policy will cover actions that occur across a range of settings including on or near to school grounds, on school buses or transportation, at school sponsored events or activities, or through the use of school owned or managed electronic devices. It can also be relevant if the action takes place in a setting that is not directly school-related if the act impacts the school environment by creating a hostile environment for the target, infringing on the rights of the target at school, and/or materially and substantially disrupting the education process or orderly operation of the school.
Often people ask, what does it mean to “materially and substantially disrupt the education process or orderly operation of a school”? The answer is somewhat subjective and often at the discretion of school administration. It could mean that staff are taken from their regular job responsibilities to physically separate an aggressor student targeting a vulnerable peer. It could also mean that content shared on social media targeting a victim is causing such a significant distraction that learning cannot take place as a result.
It is important to remember that in Massachusetts, the intent to cause harm or engage in bullying is not part of the definition of bullying. Massachusetts’ law also does not require a real or perceived power differential between the aggressor and target student.
Your district’s Bullying Intervention and Prevention Plan will include a specific form or process for reporting allegations or incidents of bullying. While it is not required that you use this form, it is helpful to do so to create a paper trail of documentation if you have concerns about a child’s safety or emotional well-being related to bullying. It is important to remember also that all school staff members have an obligation to report bullying if they become aware of incidents that may meet the definition.
When a report is made, the principal, or their designee, has an obligation to conduct and document an investigation. This begins with contacting the parents of both the alleged target and the alleged aggressor to involve them in the process and discuss what actions can be taken immediately to prevent further acts. The investigation must be completed in a “timely manner” and your school district may put specific timelines or guidance on the length of an investigation in place, but not all do.
If your child is involved in a bullying investigation, a safety plan should be put in place. The purpose of this plan is to “restore a sense of safety” and it may include things like access to counseling, check ins or support from a trusted adult, or increased supervision especially during unstructured times. A safety plan is not a disciplinary measure and is not the same as a restraining order or stay away plan.
When the investigation has been completed, the findings must be reported in writing to the parents/guardians and students involved. The determination must include whether the allegations were found to have occurred as reported, whether these allegations constituted a violation of the district’s bullying policy, and whether disciplinary actions will be taken or recommended. Incidents and reports of bullying are reported by all school districts to the Department of Elementary and Secondary Education. When the behaviors involved include electronic or physical stalking, criminal activity, or a threat of violence, the district also has an obligation to notify the police to ensure student safety.
The Bullying Prevention and Intervention Plan will specify if your district allows for a right or process to appeal the principal’s determination. If you are concerned that your district has mishandled an investigation or allegation of bullying, a complaint may be made through the Problem Resolution Service (PRS) within the Department of Elementary and Secondary Education.
Vulnerability to bullying is also a consideration of the IEP team when your child has a disability such as autism, or that impacts the development of social communication skills or otherwise increases a child’s vulnerability to becoming the target of bullying. When your child has autism or a disability that impacts the development of social communication skills, the IEP team has an obligation to ensure that your student’s IEP addresses those vulnerabilities to bullying – this can mean ensuring access to the district’s anti-bullying curriculum with appropriate accommodations or modifications or through the development of a goal area to address disability-related challenges in social communication or self-advocacy. If your child has a disability and has been found to be the victim (or aggressor!) In a bullying situation, the IEP team should reconvene to discuss the findings and ensure that your child’s areas of vulnerability are addressed in order to ensure their safety and well-being as a member of the school community.
Being the victim of bullying can have a devastating impact on a child’s sense of self and their mental health. If you believe your child is being targeted by a peer or adult, don’t be afraid to seek help and speak up!