Massachusetts laws
- MGL c.71, § 37O Bullying in schools
- MGL c.12, § 11H Violation of constitutional rights
- MGL c.265, § 43 Stalking
- MGL c.265,§ 43A Criminal harassment
- MGL c.269, § 17 Hazing
- MGL c.269, § 18 Failure to report hazing
- MGL c.269, § 19 Schools to provide copy of hazing law to students
Massachusetts regulations
603 CMR 33 Hazing reporting - secondary schools
603 CMR 49 Notification of bullying or retaliation
610 CMR 5 Hazing reporting - higher education
Selected cases
Cormier v. City of Lynn, 479 Mass. 35 (2018)
Even where a defendant city "could have and should have done more" to protect a student from bullying, and their inaction resulted in the child being severely injured during a bullying incident, the Mass. Tort Claims Act bars a suit against the city and its employees where they did not "originally cause" the situation.
Doe by and through Doe v. Hopkinton Public Schools, 490 F.Supp.3d 448 (D. Mass. 2020)
Neither school district's anti-bullying policy, nor the Massachusetts anti-bullying statute, which prohibited repeated speech or conduct directed at victim that caused physical or emotional harm or infringed upon victim's educational rights, were facially overbroad in violation of the First Amendment, absent showing that either the policy or the statute prohibited a substantial amount of protected speech or conduct.
Web sources
Bullying, Mass. Legal Services.
Compilation of Massachusetts bullying law resources.
Bullying, UCLA Center for Mental Health in Schools.
An extensive list of links to resources on bullying for teachers, parents, law enforcement, and anyone else interested in the topic. Great resource!
Bullying prevention and intervention, Mass. Dept. of Elementary and Secondary Education.
Model bullying prevention plan, updates, laws, and other resources for schools and parents.
Know your rights, GLAD, February 2014.
Questions & answers on discrimination in public schools on the basis of sexual orientation and gender identity or expression.
Massachusetts students: what to do if you're being bullied, GLAD, March 2014.
"If you are being bullied and your school is not protecting you, your school is not following the law." Despite the title, this publication doesn't provide "what to do" advice, but does provide a great summary of the law's key points.
StopBullying.gov
Provides information from various government agencies on what bullying is, what cyberbullying is, who is at risk, and how you can prevent and respond to bullying and includes state by state guides.
Print sources
The authority of Massachusetts educators to combat bullying, cyber bullying & sexting on and off school property: the intersection of the school disciplinary code & the criminal justice system, by Patrick Michael Rogers. Commonwealth Police Service, 2010.
School bullying and harassment : a legal primer, by Richard W. Cole. NBI, Inc., 2012.
School law in Massachusetts, by Rhoda E. Schneider, MCLE loose-leaf.
Includes a sample anti-harassment policy for schools in Chapter 8. MCLE, 4th edition, 2022.
Working with children with special needs, section 5, MCLE, 2015.
Contact
Online
| Last updated: | May 22, 2023 |
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