603 CMR 49.00

Notification of Bullying or Retaliation Regulations

Section:

• 49.01: Scope and Purpose
• 49.02: Definitions and Terms
• 49.03: Bullying and Retaliation Prohibited
• 49.04: Notice to Parents
• 49.05: Notice to Law Enforcement Agency
• 49.06: Confidentiality of Records
• View All Sections

Background:
Chapter 92 of the Acts of 2010, An Act Relative to Bullying in Schools, was signed into law on May 3, 2010 and took effect immediately. The law requires each school district, charter school, non-public school, approved private special education day or residential school, and collaborative school to develop and implement a plan to address bullying prevention and intervention. The statute directs the Board of Elementary and Secondary Education to promulgate regulations addressing a principal's duties under one of the ten required elements of the bullying prevention and intervention plan, namely, notification to parents or guardians of the target and the aggressor of bullying or retaliation and the action taken to prevent further bullying, and notification to law enforcement of bullying or retaliation, when the aggressor's conduct may result in criminal charges. The law further provides that the regulations must be promulgated by September 30, 2010.

Most Recently Amended by the Board of Elementary and Secondary Education: October 25, 2022

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49.03: Bullying and Retaliation Prohibited

(1) Bullying of a student is prohibited as provided in M.G.L. c. 71, §37O. Retaliation is also prohibited.

(2) Bullying shall be prohibited on school grounds, property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school, or through the use of technology or an electronic device owned, leased or used by a school district or school. Bullying at a location, activity, function or program that is not school-related, or through the use of technology or an electronic device that is not owned, leased or used by a school district or school, shall be prohibited if the bullying:

1. (a) creates a hostile environment at school for the target;

2. (b) infringes on the rights of the target at school; or

3. (c) materially and substantially disrupts the education process or the orderly operation of a school.

(3) Each school district and school shall have procedures for receiving reports of bullying or retaliation; promptly responding to and investigating such reports, and determining whether bullying or retaliation has occurred; responding to incidents of bullying or retaliation; and reporting to parents and law enforcement as set forth in 603 CMR 49.04 and 49.05.

Regulatory Authority:
603 CMR 49.00: M.G.L. 71, §37O, as amended by St. 2013, c. 38, and St. 2014, c. 86.

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Disclaimer:
For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.

Last Updated: November 4, 2022