Missouri law requires schools to have anti-bullying policies, and both state and federal law protect students against harassment.
Under Missouri law, “bullying” means:
- intimidation,
- unwanted aggressive behavior, or
- harassment
- that is repetitive or is substantially likely to be repeated and causes a reasonable student to fear for his or her physical safety or property
- and that causes a reasonable student to fear for their personal safety or property, or substantially interferes with the educational performance, opportunities, or benefits of any student, or
- substantially disrupts the orderly operation of the school.
Bullying can look like:
- physical actions, including gestures, or oral,
- cyberbullying,
- electronic or written communication, and
- any threat of retaliation for reporting any of the above.
Under Missouri law, harassment is treatment that causes a “hostile environment” that is so “severe, pervasive, or persistent” that it “interferes with or limits a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school.”
The difference between bullying and harassment is why a student is being targeted. If a student is being targeted because they are a member of a “protected class,” they may be experiencing harassment. Examples of a protected class include but are not limited to race, national origin, disability, and sex (including gender identity and sexual orientation).
Bullying and harassment of students is prohibited on school property, at any school function, or on a school bus.
Each school district’s anti-bullying policy (which should be included in the student handbook) must include written procedures for reporting acts of bullying or harassment. Schools must promptly investigate all bullying or harassment claims. Schools must also take steps to prevent retaliation against people who report bullying or harassment.
Each school district’s anti-bullying policy must include a statement that prohibits retaliation against any person who reports an act of bullying and the consequence.
Please see the linked resources for more information:
