In 2019, the Connecticut General Assembly revised the definition of bullying as an action that is direct or indirect, as well as severe, persistent, or pervasive. Such actions:
- Cause physical or emotional harm to an individual,
- Place an individual in reasonable fear of physical or emotional harm, or
- Infringe on the rights or opportunities of an individual in a school setting.
The 2019 legislation introduced a 33-member "social and emotional learning and school climate advisory collaborative." This group is tasked with developing a biennial state-wide school climate survey, a model positive school climate policy, and a "plain language" notice of rights and remedies for parents and guardians. Additionally, a student suicide risk assessment is part of their responsibilities. The State Department of Education was required to post the model policy and school climate survey on its website by August 1, 2021. Moreover, boards of education are required to post the "plain language" notice on their websites by June 30, 2021. Training materials regarding bullying prevention and intervention must also be provided to school administrators.
Schools are mandated to communicate the results of investigations into alleged bullying incidents to the parents and guardians of the involved children. These parents or guardians should also be informed about the availability of the "plain language" notice of rights and remedies on the school websites.
Connecticut legislation has elaborated that bullying based on certain characteristics falls within this definition. These characteristics include:
- Race or color,
- Religion,
- Ancestry,
- National origin,
- Gender,
- Sexual orientation,
- Gender identity or expression,
- Socioeconomic status,
- Academic status,
- Physical appearance,
- Mental, physical, developmental, or sensory disability, or
- Association with an individual or group possessing one or more of these traits.
Cyberbullying
According to Connecticut law, cyberbullying encompasses any act of bullying conducted through the Internet, digital technologies, mobile phones, or other electronic devices. Utilizing email, text messages, or live web streams to mock or demean another student is categorized under cyberbullying.
However, parents are advised to review their school’s specific bullying policy for detailed behavior qualifications, as local definitions may differ. Typically, these policies are available in the school handbook or on the school website. Should these not be accessible, parents are entitled to request a copy. Schools must furnish the policy immediately upon request.
Recording Bullying Incidents
Each school board must create a procedure for maintaining reports and lists of verified bullying incidents, which must be made available to parents. While details about individual acts should be included, identifying student information is protected under FERPA. Additionally, schools are prohibited from disclosing disciplinary actions taken against the student who committed the bullying act.
Comparison with New York
In comparison, New York's Dignity for All Students Act (DASA) defines "harassment" as creating a hostile environment that disrupts a student’s educational performance, opportunities, or well-being. Harassment or intimidation that causes a student to fear for their safety is also covered. DASA specifically outlines bullying as actions intended to cause pain or misery to another individual.
In 2012, amendments to DASA included guidelines for schools, offering materials on best practices for addressing cyberbullying, whether on or off school property or during school functions. The amendment includes electronic communications and off-property incidents that could foreseeably impact the school environment.
Contact Us
If you have any questions about bullying in Connecticut schools, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
