Bullying & Harassment Prevention Orders

Bullying  [is] the repeated use by one or more students or a member of the school staff of a written, verbal or electronic expression or a physical act or gesture or any combination [of these acts]…directed at a victim that:

• 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 the damage of his property;

• creates a hostile environment at school for the victim; 

• infringes on the rights of the victim at school; or

• materially or substantially disrupts the education process or the orderly operation of a school.

For the purposes of this section, bullying shall include cyber-bullying. M.G.L. ch. 71 s. 37O(a). This law defines bullying very broadly and includes acts that happen out of school or on the internet if they create a hostile environment at school for the victim or infringe on the rights of the victim at school. The law does not make the act of bullying a crime, but it does require schools to take steps to prevent bullying in advance and deal with bullying when it happens.

Bullying Prevention and Intervention Plan

Every public, private, charter, or residential school must work with parents, students, teachers, local law enforcement, and community representatives to create a plan that addresses bullying prevention and intervention. The plan must include:

• definitions or descriptions of bullying, cyber-bullying, and retaliation;

• clear procedures for anyone to report bullying or retaliation, and how it can be done anonymously (provided that no student will be disciplined solely on the basis of an anonymous report);

• procedures for how reports will be promptly responded to and investigated;

• the range of disciplinary action that may be taken against a person who bullies;

• procedures for restoring a sense of safety for victims and protecting them from retaliation;

• procedures consistent with state and federal law to notify the parents of both the victim and the child responsible for the bullying;

• a provision subjecting students to disciplinary action for knowingly making false accusations of bullying and retaliation; and 

• a strategy to provide counseling or referral for children who are bullying and victims.

In addition, each plan must recognize that certain students are more vulnerable to discriminatory bullying and harassment and include specific steps for supporting these students. The plan should also include professional development for school staff on preventing, identifying, and responding to bullying. Staff should be trained annually on the plan of their respective school. Further, the plan must be distributed to students, parents and school staff in the languages which are most prevalent among the students, parents or guardians. Also, it must be posted on the school’s website. M.G.L ch. 71 s. 37O.

Reporting and Investigating Bullying

The plan should name either the school principal or another person at school to be responsible for receiving reports of bullying and overseeing the school plan. Anyone, including parents or students, may report bullying, and there must be a method in place for them to do so anonymously if they would like. Any school staff member who witnesses any instance of bullying or retaliation must report it to the principal or appropriate individual. When the principal or designated school official receives any report of bullying, he or she must investigate it promptly. The principal must then:

• notify local law enforcement if he or she believes that criminal charges may be pursued;

• take appropriate disciplinary action;

• notify the alleged bully’s parents or guardians of the investigation;

• notify the victim’s parents or guardians of the investigation and of the disciplinary action taken, to the extent allowed under state and federal   privacy laws; and

• notify the victim’s parents or guardians about the process of seeking assistance from or filing a claim through the Department of Elementary and Secondary Education’s problem resolution system. M.G.L. ch. 71 s. 37O(g). 

It is important to note that due to privacy laws, the school may not be able to tell you what disciplinary action was taken against a child who bullied your child.

Special Education Students

If a special education student’s disability affects her social skills or makes the child vulnerable, as a victim or aggressor, to bullying, harassment, or teasing, the child’s Individualized Education Program (IEP) shall address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. M.G.L. ch. 71B s. 3. If your child has an IEP and she has been bullied, or you are concerned she may be bullied in the future, you may ask for a team meeting to modify her IEP to address bullying issues.

Texting, "Sexting," and the Internet

Many children communicate with their friends and other children through text and  the internet. If these interactions fit the description of bullying they may be considered “cyber bullying” and the school is required to treat this behavior the same way it treats other bullying. 

Also, if a child sends words or pictures to another child that are obscene or considered harmful to minors, he could be breaking the law regarding possession or dissemination of child pornography; possession or dissemination of obscene matter; or possession or dissemination of matter harmful to minors. This could be the case even if the two children involved are in a dating relationship and are both minors, or if a child sends an obscene picture of him or herself. The law changed  in 2010 so that email, instant messages, text messages, or any other communication over the Internet or a wireless network is included. No matter what is sent or what is intended, children and families should be aware that a text or email creates a record and that the school or police may take these actions seriously.

Enforcement and Compliance

For more information call us at:

Phone: 781-581-1977
Toll-free: 888-543-5298