Components of State Anti-Bullying Laws and Regulations
| Component | Included |
|---|---|
| Definition | Yes |
| Scope | Yes |
| Protected groups | Yes |
| District policy requirement | Yes |
| Reporting and investigations | Yes |
| Consequences | Yes |
| Communication of policy | Yes |
| Safeguards and supports | No |
| Review and update of local policies | Yes |
| Prevention education | Yes |
| Staff training | Yes |
| Parent engagement | Yes |
Which Oregon laws and regulations cover bullying?
- Oregon Revised Statute §339.250. Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies
- Oregon Revised Statute §339.329. Statewide tip line to report information concerning threats or potential threats to student safety; rules
- Oregon Revised Statute §339.341. Statewide School Safety and Prevention System; rules
- Oregon Revised Statute §339.351. Definitions for ORS 339.351 to 339.364
- Oregon Revised Statute §339.353. Findings
- Oregon Revised Statute §339.356. District policy required
- Oregon Revised Statute §339.359. Training programs; prevention task forces, programs and other initiatives
- Oregon Revised Statute §339.362. Retaliation against victims and witnesses prohibited; school employee immunity
- Oregon Revised Statute §339.364. Victim may seek redress under other laws
- Oregon Administrative Rules 581-022-2310. Equal education opportunity
- Oregon Administrative Rules 581-029-001. Mental and physical health and safety
- Oregon Administrative Rules 581-02-2312. Every student belongs
How are bullying and cyberbullying defined in Oregon anti-bullying laws and regulations?
Oregon anti-bullying laws include the following definitions of cyberbullying, harassment, intimidation, or bullying:
(1) “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully.
(2) “Harassment, intimidation or bullying” means any act that:
(a) Substantially interferes with a student’s educational benefits, opportunities, or performance;
(b) Takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop;
(c) Has the effect of:
(A) Physically harming a student or damaging a student’s property;
(B) Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or
(C) Creating a hostile educational environment, including interfering with the psychological well-being of a student; and
(d) May be based on, but not be limited to, the protected class status of a person.
Or. Rev. Stat. § 339.351 (2009)
Do Oregon anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
No. Oregon anti-bullying laws do not cover off-campus conduct.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Oregon school districts must adopt a policy prohibiting harassment, intimidation, or bullying, and prohibiting cyberbullying. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting harassment, intimidation, or bullying and prohibiting cyberbullying;
- Definitions of prohibited behavior that are consistent with definitions in state law;
- Definitions of “protected class” that are consistent with definitions in state law;
- Statements of scope indicating where and when the policy applies;
- Descriptions of the type of behavior expected from each student;
- Procedures for reporting and investigations, including designation of a school official responsible for receiving bullying reports;
- Procedures for requesting a review of school actions in responding to or investigating acts of harassment, intimidation, bullying, or cyberbullying;
- Statements concerning how the district will respond to confirmed acts of harassment, intimidation, bullying, or cyberbullying;
- Disciplinary consequences and remedial actions for confirmed incidents of harassment, intimidation, bullying, and cyberbullying, or for reprisal, retaliation, or false accusation; and
- Statements of how the policy will be publicized within the district.
Oregon anti-bullying laws state that any district that does not comply with the requirements of the law is considered non-standard, which may result in the withholding of state funds.
Do Oregon anti-bullying laws and regulations include protections for specific groups?
Yes. Oregon anti-bullying laws state that prohibited behavior may be based on, but is not limited to, the protected class status of a person. “Protected class” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income, or disability.
Oregon 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 Oregon anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. Oregon anti-bullying laws encourage school districts to form task forces and to implement programs and other initiatives that are aimed at the prevention of, and the appropriate response to, acts of harassment, intimidation, or bullying and acts of cyberbullying, and that involve school employees, students, administrators, volunteers, parents, guardians, law enforcement, and community representatives. Oregon anti-bullying laws also establish a statewide school safety and prevention system to assist school districts in decreasing acts of harassment, intimidation, or bullying and acts of cyberbullying through the implementation of effective prevention programs that incorporate evidence-based, multitiered practices and support resiliency building and trauma-informed care practices.
Do Oregon anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. Oregon anti-bullying laws require school district to incorporate into existing training programs for students and school employees information on the district bullying policy and information related to the prevention of, and the appropriate response to, acts of harassment, intimidation, and bullying and acts of cyberbullying.
Do Oregon anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
No. Oregon anti-bullying laws do not require districts to provide safeguards or mental health supports for students involved with bullying.
Do Oregon anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. Oregon anti-bullying laws require school districts to develop bullying policies after consultation with parents, guardians, school employees, volunteers, students, administrators, and community representatives. Oregon anti-bullying laws also encourage school districts to form task forces and to implement prevention programs and other initiatives that involve school employees, students, administrators, volunteers, parents, guardians, law enforcement, and community representatives.
For More Information
Visit the Oregon Department of Education’s “School Discipline, Bullying, Restraint and Seclusion” webpage and/or view the Oregon state policy guidance 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).