Components of State Anti-Bullying Laws and Regulations
| Component | Included |
|---|---|
| Prohibiting statement | Yes |
| Definition | Yes |
| Scope | Yes |
| Protected groups | No |
| District policy requirement | Yes |
| Reporting and investigations | Yes |
| Consequences | Yes |
| Communication of policy | No |
| Safeguards and supports | Yes |
| Review and update of local policies | No |
| Prevention education | No |
| Staff training | No |
| Parent engagement | Yes |
Which Montana state laws and regulations cover bullying?
- Montana Code Annotated § 20-5-207. Short title
- Montana Code Annotated § 20-5-208. Definition
- Montana Code Annotated § 20-5-209. Bullying of student prohibited
- Montana Code Annotated § 20-5-210. Enforcement -- exhaustion of administrative remedies
- Administrative Rules of Montana. 10.55.701. Board of trustees
- Administrative Rules of Montana. 10.55.719. Student protection procedures
- Administrative Rules of Montana. 10.55.801. School climate
How are bullying and cyberbullying defined in Montana anti-bullying laws and regulations?
Montana anti-bullying laws and regulations include the following definition of bullying:
“Bullying” means any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student that is persistent, severe, or repeated and that:
(a) causes a student physical harm, damages a student’s property, or places a student in reasonable fear of harm to the student or the student’s property;
(b) creates a hostile environment by interfering with or denying a student’s access to an educational opportunity or benefit; or
(c) substantially and materially disrupts the orderly operation of a school.
The term includes retaliation against a victim or witness who reports information about an act of bullying and includes acts of hazing associated with athletics or school-sponsored organizations or groups.
Mont. Code Ann. § 20-5-208 (2015)
Do Montana anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. Montana anti-bullying regulations cover off-campus conduct committed through use of electronic communication that substantially and materially disrupts the orderly operation of the school or any school-sponsored program, activity, or function where the school is responsible for the student.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Montana school districts must adopt a policy prohibiting bullying, hazing, intimidation, and harassment of students. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting bullying, intimidation, and harassment;
- Procedures for reporting, investigations, and documentation, including identification of the person responsible for the investigation and response;
- Procedures for determining whether the reported act is subject to the jurisdiction of the school or another public agency and a procedure for referral to the necessary persons or entity;
- Procedures for prompt notification of the alleged victim, alleged perpetrator, or parents or guardians of such students when students are minors;
- Procedures to protect any alleged victim of prohibited behaviors from further incidents;
- Disciplinary procedures establishing consequences for violations of policy; and
- Procedures for use of appropriate intervention and remediation for victims and perpetrators.
Do Montana anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under Montana anti-bullying laws or regulations.
Montana schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.
Do Montana anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
No. Montana anti-bullying laws do not require districts to implement bullying prevention programs or strategies.
Do Montana anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to prevent and respond to bullying incidents?
No. Montana anti-bullying laws do not require districts to train teachers and other school staff on how to prevent and respond to bullying incidents.
Do Montana anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. Montana school district policies must include a procedure for the use of appropriate intervention and remediation for victims and perpetrators, as well as a procedure to protect any alleged victim from further incidents of such prohibited behaviors.
Do Montana anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. Montana school district policies must include a procedure for prompt notification of the alleged victim and the alleged perpetrator or the parents and guardians of such students when the students are minors.
For More Information
Visit the Montana Office of Public Instruction’s “Bullying Prevention” webpage and/or view the Montana state model policy on bullying and harassment.
The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).