Components of State Anti-Bullying Laws and Regulations
|District policy requirement
|Reporting and investigations
|Communication of policy
|Safeguards and supports
|Review and update of local policies
Which Idaho laws and regulations cover bullying?
- Idaho Code §18-917. Hazing
- Idaho Code §18-917a. Student harassment — Intimidation — Bullying
- Idaho Code §33-205. Denial of school attendance
- Idaho Code §33-512. Governance of schools
- Idaho Code §33-1631. Requirements for harassment, intimidation and bullying information and professional development
- State Board of Education Administrative Rule §08.02.02.111. Bullying, harassment, and intimidation prevention and response
- State Board of Education Administrative Rule §08.02.03.160. Safe environment and discipline
How are bullying and cyberbullying defined in Idaho anti-bullying laws and regulations?
Idaho anti-bullying laws include the following definitions of harassment, intimidation, and bullying:
"Harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that:
- A reasonable person under the circumstances should know will have the effect of:
- Harming a student; or
- Damaging a student's property; or
- Placing a student in reasonable fear of harm to his or her person; or
- Placing a student in reasonable fear of damage to his or her property; or
- Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.
An act of harassment, intimidation or bullying may also be committed through the use of a landline, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.
Idaho Code § 18-917A (2015)
Do Idaho anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
No. Idaho anti-bullying laws do not cover off-campus conduct.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Idaho school districts must adopt policies on harassment, intimidation, and bullying. School district policies must contain key policy and procedural elements, including, but not limited to:
- Expectations for school personnel to intervene or facilitate intervention on behalf of students facing harassment, intimidation, or bullying;
- Disciplinary consequences that may include, but are not limited to, referral to counseling, diversion, use of juvenile specialty courts, restorative practices, on-site suspension and expulsion for any student who commits an act of bullying, intimidation, harassment, violence, or threats of violence;
- Procedures for reporting, including designation of a person to whom bullying reports are to be made; and
- Requirements regarding how the policy will be publicized within the district.
Idaho state law requires districts to report bullying incidents to the State Department of Education on an annual basis.
Do Idaho anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under Idaho anti-bullying laws or regulations.
Idaho 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 Idaho anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. Idaho school staff must receive professional development on school prevention strategies or programs, including the identification of materials to be distributed annually to students and parents.
Do Idaho anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. Idaho school districts must provide ongoing professional development to build skills of all school staff members to prevent, identify, and respond to harassment, intimidation, and bullying.
Do Idaho anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. Idaho school district employees are authorized and expected to intervene on behalf of students facing harassment, intimidation, and bullying to protect and provide support for the victim of the act.
Do Idaho anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
No. Idaho anti-bullying laws do not create specific expectations for parent involvement in addressing bullying behavior; however, the content of professional development for school staff must address the school process for responding to bullying, including parent involvement.
For More Information
Visit the Idaho State Department of Education's "Safe and Drug Free Schools" webpage.
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).