E-Alerts

The New Bullying Prevention and Intervention Law: Compliance Deadline Looming for Massachusetts Schools

Prior to December 31, 2010,Massachusetts schools are required to comply with the recently enacted mandates of Mass. Gen. L. c. 71, §37O, the Bullying Prevention and Intervention Law.  The Law governs most private and public schools, though the details of its applicability will be addressed below.

Independent schools throughout the United States frequently confront a variety of difficult bullying issues on campus, and therefore schools in other states may find valuable guidance in the Massachusetts example.  For instance, the mandates of the Massachusetts Law offer a road map for schools nation-wide to consider as they create bullying prevention and intervention plans and develop training programs for faculty and students.

Each public and private Massachusetts school, by December 31, 2010, must develop and implement a bullying prevention and intervention plan that complies with the Law, as detailed below.  Please note that while school districts, charter schools, Department-approved private special education schools, and collaborative schools must submit their plans to the Department of Elementary and Secondary Education (the “Department”) by December 31, 2010, non-special education private schools are not required to submit their plans to the Department.  The absence of such a plan (or the implementation of an inadequate or a poorly worded plan) may violate the Anti-Bullying Law, and may also render a school unnecessarily vulnerable to various potential lawsuits.  For instance, a targeted student could sue the school for negligent infliction of emotional distress based on the school’s failure to provide adequate protection against bullying.  Alternatively, a student disciplined by a school for allegedly bullying a classmate could sue the school for failing to have implemented and conducted an appropriate investigation into an allegation of bullying.  And the consequences can extend beyond litigation, unfortunately, to tragic suicides, by both teen victims and also teens charged with bullying.

A thoughtfully developed and drafted bullying prevention and intervention plan is not merely a technical legal requirement.  It is also an important risk management tool to assist each school in protecting its students, faculty and staff from bullying, as well as helping to protect alleged bullies from false accusations and from inadequate investigations, while simultaneously helping to insulate school communities from devastating and divisive traumas like teen suicides.

Bullying Prevention And Intervention Plans

We recommend that a bullying prevention and intervention plan include, among other things:

• descriptions of and statements prohibiting bullying and retaliation;
• procedures for reporting bullying and retaliation;
• a process for reports of bullying and retaliation to be made anonymously;
• procedures for promptly responding to and investigating reports of bullying and retaliation;
• procedures for restoring a sense of safety to the victim; and
• procedures for promptly notifying the parents of both the victim and the perpetrator of the allegedly bullying conduct.

In developing its plan, each school ought to consult with teachers, school staff, professional support personnel, administrators, students and parents – and, in the course of such consultation, provide the community with notice and an opportunity to comment.  (Under the Massachusetts Law, non-special education private schools must only give notice to and provide a comment period for families that have a child attending the school.)  Each school must update its bullying prevention and intervention plan every two years.  If the school maintains an internet website, it must post the plan online.

Each school must provide annual written notice of its bullying prevention and intervention plan to all students, parents and employees; provide annual training on the plan to its faculty, staff and administration; and include relevant sections of the plan in its employee handbook.

Additional Requirements Of The Massachusetts Anti-Bullying Law 

In addition to developing a bullying prevention and intervention plan, the Law imposes a number of additional requirements intended to prevent bullying in Massachusetts schools.

Among these additional requirements, school districts, charter schools, Department-approved private special education schools, and collaborative schools must provide age-appropriate instruction on bullying prevention in each grade that is incorporated into the curriculum of the school district or school.  Although not required under the Law, non-special education private schools ought to consider providing students with such age-appropriate bullying prevention instruction.

The Anti-Bullying Law also imposes certain professional development requirements for school districts, charter schools, Department-approved private special education schools, and collaborative schools.  These schools must provide professional development for all school staff regarding strategies for bullying prevention and intervention, research findings on bullying, and information on cyber bullying and internet safety.  Please note that there is ambiguity as to whether these professional development requirements apply to private schools.  Given that it is advisable for all private schools to provide such training, we consider it a best practice to do so.  The Firm offers a 60-90 minute lively, interactive program tailored to each unique school environment that addresses bullying, hazing and intimidation and satisfies all of the requirements of the Massachusetts Law, as well as best practices.

Compliance Recommendations

Our attorneys are actively assisting independent and charter schools with all of these compliance obligations, and we advise schools to promptly take the following measures:

• Draft and implement a bullying prevention and intervention plan;
• Ensure that the school’s actual practices comport with the bullying prevention and intervention plan;
• Review all student, parent and personnel policies and update them for compliance, including appropriate references to bullying policies and the bullying plan;
• Implement and/or update an internal complaint process to comport with best practices for protecting the entire school community (including but not limited to alleged targets, witnesses and bullies);
• Train faculty, staff and administration on the bullying prevention and intervention plan, as well as on how to prevent, identify and remedy hazing (as applicable in accordance with law), harassment and bullying; and
• Implement annual acknowledgment forms with respect to these issues.

The Firm has developed a comprehensive compliance program, and we would be pleased to assist with any and all of these compliance tasks.  As always, please contact us if you have questions about the Anti-Bullying Law or any related matter.