Keith Mack
In July 2011, Governor Dannel Malloy signed Connecticut's first anti-bullying legislation, Public Act 11-232, into law. The Act, known as An Act Concerning the Strengthening of School Bullying Laws, was enacted in response to alarmingly high reports of bullying in Connecticut, with studies showing that 25% of Connecticut high school students reported being bullied in the past year. The law defines cyberbullying as any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications. It requires that each local and regional board of education develop and implement a specific bullying policy to address the existence of bullying within its schools.
| Characteristics | Values |
|---|---|
| Date of enactment | July 2011 |
| Signed into law by | Governor Dannel Malloy |
| Name of the Act | Public Act 11-232 |
| Other name | An Act Concerning the Strengthening of School Bullying Laws |
| Definition of bullying | The repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same district |
| Definition of cyberbullying | Any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications |
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What You'll Learn
Connecticut's first anti-bullying law was enacted in 2011
In July 2011, Governor Dannel Malloy signed Public Act 11-232 into law, marking Connecticut's first anti-bullying legislation. The Act, known as "An Act Concerning the Strengthening of School Bullying Laws," was enacted in response to alarmingly high reports of bullying in Connecticut, with studies showing that 25% of Connecticut high school students reported having been bullied in the past year.
The new law defined bullying as "the repeated use by one or more students of a written, oral, or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same district." Cyberbullying was defined as "any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone, or other mobile electronic devices or any electronic communications."
The law requires that each local and regional board of education develop and implement a specific bullying policy to address the existence of bullying within its schools. Schools must designate a committee responsible for fostering a safe school climate and addressing issues related to bullying. This committee must include at least one parent or guardian of a student enrolled in the school.
The law also raised concerns about free speech, as it put school officials in the position of having to judge off-campus speech with little legal precedent to guide them. If they clamp down on online comments, they risk First Amendment challenges, and if they are too lenient, they could be deemed responsible if cyberbullying leads to tragedy.
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Cyberbullying is considered an invasion of privacy
Cyberbullying is a pervasive issue affecting people of all ages, particularly minors. It involves the use of digital devices such as cell phones, computers, and tablets to send, post, or share negative, harmful, false, or mean content about someone else. This can include sharing private or personal information, known as "doxing," which violates privacy and can lead to real-world harassment.
Connecticut was one of the first states to recognize cyberbullying as a form of invasion of privacy and implemented anti-bullying legislation in 2011. The state defines "cyberbullying" as any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephones, or other mobile electronic devices. The state's anti-bullying laws cover off-campus conduct and require schools to address bullying that occurs outside of the school setting if it creates a hostile environment, infringes on the rights of the victim, or disrupts the education process.
Cyberbullying can have severe and long-lasting impacts on the victim's life, including their online reputation, which may affect college admissions, employment, and other areas. It can cause emotional distress, decreased self-esteem, fear, depression, and even increase suicidal thoughts. Therefore, it is considered a serious invasion of privacy, and victims may have legal recourse under privacy tort laws.
Invasion of privacy torts in Connecticut fall into four categories: (1) unreasonable intrusion upon seclusion, (2) appropriation of name or likeness, (3) unreasonable publicity given to one's private life, and (4) publicity that unreasonably places one in a false light. Victims of cyberbullying can seek legal assistance and may have grounds for invasion of privacy lawsuits, especially if the harassment persists and causes significant emotional distress or financial damage.
To prevent cyberbullying, individuals should utilize privacy controls on digital platforms and be cautious about the information they share online. Additionally, schools play a crucial role in fostering a safe climate and addressing bullying issues, with designated committees and policies in place to protect students and take appropriate action.
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Connecticut's anti-bullying law and free speech issues
In July 2011, Governor Dannel Malloy signed Public Act 11-232 into law, marking Connecticut's first anti-bullying legislation. This law defines "bullying" as an act that is direct or indirect and severe, persistent, or pervasive, causing physical or emotional harm to an individual, placing them in fear of harm, or infringing on their rights and opportunities at school. "Cyberbullying", a form of bullying that uses digital technologies and electronic communications, is also included in this definition.
Connecticut's anti-bullying laws cover off-campus conduct if it creates a hostile environment at school, infringes on the rights of students, or disrupts the education process. This has raised concerns about free speech issues, as school officials are tasked with regulating speech that occurs outside of school grounds. If they take strict action against online comments, they may face First Amendment challenges, but if they are too lenient, they could be held responsible if cyberbullying leads to tragic consequences.
To address these challenges, Connecticut's anti-bullying laws require local and regional boards of education to develop and implement safe school climate plans. These plans must include annual in-service training for all school employees on bullying prevention, identification, and response. School districts must also submit these plans to the Department of Education for review and approval and report verified acts of bullying. Additionally, schools must notify the parents or guardians of students involved in bullying incidents and invite them to meetings to discuss interventions and safety measures.
Connecticut's anti-bullying laws also prohibit bullying based on any actual or perceived differentiating characteristic, such as race, religion, gender, sexual orientation, or disability. Schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. The state's anti-bullying statute, however, typically covers only student-to-student interactions, and allegations of teacher or administrator mistreatment of students are not considered under this statute.
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Cyberbullying defined by Connecticut's General Assembly Commission on Children
In July 2011, Governor Dannel Malloy signed Public Act 11-232 into law, marking Connecticut's first anti-bullying legislation. The Act, known as "An Act Concerning the Strengthening of School Bullying Laws," defines bullying as:
> "the repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same district."
The law defines cyberbullying as:
> "any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications."
The law was enacted in response to alarmingly high reports of bullying in Connecticut, with studies showing that 25% of Connecticut high school students reported having been bullied in the past year. Bullying and cyberbullying can have far-reaching and damaging consequences, including withdrawal, academic difficulties, depression, and, in the worst cases, suicide attempts or completion.
Connecticut anti-bullying laws cover off-campus conduct outside of the school setting if such bullying:
- Creates a hostile environment at school for the targeted student
- Infringes on the rights of the targeted student at school
- Substantially disrupts the education process or the orderly operation of a school
Connecticut local and regional boards of education must develop and implement a safe school climate plan to address the existence of bullying in schools. This includes appointing a district safe school climate coordinator responsible for implementing the district's safe school climate plan. Schools must also designate a committee responsible for fostering a safe school climate and addressing bullying issues. This committee must include at least one parent or guardian of a student enrolled in the school.
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Connecticut's Public Act 11-232
In July 2011, Governor Dannel Malloy signed Public Act 11-232 into law, marking Connecticut's first anti-bullying legislation. This act defines "bullying" as an act that is direct or indirect and severe, persistent, or pervasive, which causes physical or emotional harm to an individual, places an individual in reasonable fear of physical or emotional harm, or infringes on the rights or opportunities of an individual at school.
"Cyberbullying" is included in the definition of bullying and refers to any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephones, or other mobile electronic devices, or any electronic communications. This includes social media platforms such as Facebook and Twitter, which may give rise to claims sounding in tort privacy laws.
Public Act 11-232 requires schools and school districts to implement anti-bullying policies and address bullying outside of the school setting if it creates a hostile environment at school for the victim, infringes on the victim's rights at school, or substantially disrupts the education process or the orderly operation of a school. Schools must designate a committee responsible for fostering a safe school climate and addressing issues related to bullying. This committee must include at least one parent or guardian of a student enrolled in the school.
The implementation of Public Act 11-232 raised concerns among officials and lawmakers about the potential conflict with free speech rights. The law puts school officials in the challenging position of having to make judgments on off-campus speech with limited legal precedent to guide them. There is a risk of facing First Amendment challenges if they take a strict approach to regulating online comments, but they may also be deemed responsible if a tragic incident occurs due to cyberbullying.
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Frequently asked questions
In July 2011, Governor Dannel Malloy signed Public Act 11-232 into law, marking Connecticut’s first anti-bullying legislation.
"Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.
The law was enacted in response to alarmingly high reports of bullying in Connecticut, with studies showing that 25 percent of Connecticut high school students reported having been bullied in the past year.
