What Is Bullying Under Connecticut Law?
Under C.G.S. 10-222d, bullying is defined 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
- Infringes on the rights or opportunities of an individual at school
Bullying includes conduct based on any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability.
Cyberbullying is any act of bullying through the Internet, interactive and digital technologies, cellular phones, or other electronic communications. Connecticut law covers cyberbullying even when it occurs off school grounds, if it creates a hostile environment at school, infringes on the student’s rights at school, or substantially disrupts the educational process.
When Does Bullying Become Harassment Under Federal Law?
Bullying and harassment are related but legally distinct. Understanding the difference matters because it determines which laws apply and what enforcement options you have.
| Bullying (State Law) | Harassment (Federal Civil Rights Law) | |
|---|---|---|
| Definition | Severe, persistent or pervasive conduct that causes harm, fear, or infringes on rights at school | Unwelcome conduct based on a protected characteristic that is severe, pervasive, or persistent enough to create a hostile educational environment |
| Must be based on protected characteristic? | No. Any bullying is covered regardless of the reason | Yes. Must be based on race, color, national origin, sex, or disability |
| Governing law | C.G.S. 10-222d (Safe School Climate Act) | Title IX (sex), Title VI (race/national origin), Section 504/ADA (disability) |
| Enforcement | School investigation, board of education, state court | OCR complaint (180 days), CHRO complaint, federal lawsuit |
| Damages available | Limited under state law (qualified immunity for boards that follow their plans) | Compensatory damages under deliberate indifference standard, injunctive relief, policy changes, attorney fees |
When bullying is based on a protected characteristic, it triggers both state bullying law and federal civil rights law. This gives you more enforcement options and potentially stronger remedies. If your child is being bullied because of their race, sex, gender identity, disability, or national origin, the school has obligations under both Connecticut law and federal law.
What Must Schools Do About Bullying in Connecticut?
Connecticut law imposes detailed requirements on schools to prevent and respond to bullying:
Required Personnel
- District Safe School Climate Coordinator. Responsible for implementing the district’s Safe School Climate Plan and coordinating prevention and response efforts across the district.
- School Safe School Climate Specialist. Typically the principal or designee at each school. Responsible for investigating all reports of bullying at the school level.
- Safe School Climate Committee. Each school must have a committee that meets at least twice per year to review bullying data, develop prevention strategies, and make recommendations.
Required Procedures
- Schools must allow anonymous reporting of bullying by students
- Parents must be able to file written reports of suspected bullying
- School employees who witness bullying or receive reports must orally notify the Safe School Climate Specialist within one school day and file a written report within two school days
- The Safe School Climate Specialist must investigate all reports promptly
- Parents of both the bullied student and the student who committed the bullying must be notified within 48 hours of completing the investigation
- Parents must be invited to a meeting to discuss measures being taken to ensure the bullied student’s safety and prevent further bullying
- The school must develop case-by-case interventions for repeated incidents
- The school must maintain records of all reports and investigations and report verified acts annually to the Department of Education
What Is Changing in Connecticut’s Bullying Law?
Public Act 23-167 makes significant changes to Connecticut’s bullying law that become mandatory for the 2025-2026 school year. Key changes include:
| Change | What It Means |
|---|---|
| New plan required | The existing Safe School Climate Plan is replaced by a School Climate Improvement Plan with new protocols and requirements. |
| Broader scope | Schools must address all “challenging behavior,” not just bullying. This expands the types of conduct that require a school response. |
| Redefined bullying | The definition of bullying is broadened to cover a wider range of conduct. |
| Updated roles | New duties and responsibilities for the School Climate Coordinator and School Climate Specialist. |
| Restorative practices | Schools must adopt and implement a restorative practices policy for incidents of challenging behavior and student conflict. |
| Annual training | Schools must provide annual training on social and emotional learning, school climate, and evidence-based interventions including restorative practices. |
| School climate survey | The School Climate Committee must administer a school climate survey to students, employees, and families. |
| Uniform complaint form | A standardized bullying complaint form must be available on the school’s website and in student handbooks. |
Until the new School Climate Improvement Plan is adopted, schools must continue to comply with the existing Safe School Climate Plan requirements.
What Should You Do if Your Child Is Being Bullied?
- Document everything. Write down every incident as soon as it happens, including the date, time, location, what was said or done, who was involved, and any witnesses. Save screenshots of cyberbullying, text messages, social media posts, and any other electronic evidence.
- Report in writing. Report the bullying in writing to the Safe School Climate Specialist (usually the principal) and the district Safe School Climate Coordinator. Keep a copy of every written communication. Do not rely on verbal reports alone.
- Request the investigation results. After the school completes its investigation, you have the right to be notified of the outcome. Ask for the results in writing.
- Request a meeting. The school must invite you to a meeting to discuss what measures are being taken to protect your child and prevent further bullying. Use this meeting to push for specific, concrete interventions.
- Escalate if the school does not act. If the bullying continues after you report it, escalate to the superintendent and the board of education. Document every failure to respond.
- File an OCR complaint if applicable. If the bullying is based on a protected characteristic (race, sex, disability, national origin, gender identity), file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) within 180 days.
- Contact an attorney. If the school refuses to act, the bullying escalates, or your child’s education is being significantly affected, contact a lawyer who can hold the school accountable.
How Does Bullying Affect Students with Disabilities?
Students with disabilities who are bullied because of their disability have additional protections under federal law. When disability-based bullying rises to the level of harassment, it may violate Section 504 and the ADA.
If bullying affects a student’s ability to receive a free appropriate public education (FAPE), the school must address it through the IEP or 504 plan process. This may include:
- Revising accommodations or adding new ones to address the impact of the bullying
- Providing additional services such as counseling or social skills training
- Conducting a Functional Behavioral Assessment if the student’s behavior has changed as a result of the bullying
- Changing the student’s schedule, classroom, or placement if necessary to ensure safety
- Providing compensatory education if the bullying caused the student to miss educational opportunities
The school cannot simply tell the bullied student to “ignore it” or move the bullied student to a different class while the bully remains in place. The school’s obligation is to stop the harassment and remedy its effects, not to punish the victim.
What Are Your Rights When Cyberbullying Occurs Off Campus?
Connecticut law covers cyberbullying even when it happens outside of school, if the cyberbullying:
- Creates a hostile environment at school for the student being bullied
- Infringes on the rights of the student at school
- Substantially disrupts the educational process or the orderly operation of the school
This means the school has an obligation to investigate and respond to cyberbullying that occurs on social media, through text messages, in group chats, or on other platforms, as long as the bullying has an impact on the student’s school experience. If the school tells you they cannot do anything about off-campus cyberbullying, that is not accurate. Connecticut law requires them to act if the bullying meets the criteria above.
What Legal Options Do You Have?
| Option | When to Use It | Details |
|---|---|---|
| School’s internal process | Always the first step | Report to the Safe School Climate Specialist. The school must investigate and respond. Document everything. |
| Board of education | When the school does not respond | Escalate to the superintendent and board. Request a meeting. Present your documentation of the school’s failure to act. |
| OCR complaint | Bullying based on race, sex, disability, or national origin | File within 180 days. OCR investigates whether the school violated federal civil rights law. Free to file. |
| CHRO complaint | Discrimination under Connecticut law | File within 180 days (300 if also covered by federal law). Covers discrimination based on any protected characteristic under Connecticut law. |
| Due process hearing | Student with disability whose FAPE is affected | File within 2 years. Can result in compensatory education, placement changes, and services. |
| Federal lawsuit | School was deliberately indifferent to known harassment | Can seek compensatory damages, injunctive relief, and attorney fees. Must show the school knew about the harassment and failed to respond adequately. |
| State court lawsuit | School failed to follow its own Safe School Climate Plan | Potential negligence claim, though boards of education have qualified immunity when implementing their plans in good faith. |
Common Mistakes in Bullying Cases
| Mistake | Why It Hurts Your Case |
|---|---|
| Not reporting in writing | Verbal reports can be denied or “forgotten.” Always report bullying in writing to the Safe School Climate Specialist and keep copies. This creates a record that the school was put on notice. |
| Not documenting incidents | Keep a detailed log of every incident with dates, times, descriptions, and evidence. Without documentation, it becomes your child’s word against the school’s claim that the problem was addressed. |
| Waiting for the school to handle it | If the school is not responding after your first report, do not wait. Follow up in writing, escalate to the superintendent, and consult an attorney. The longer bullying continues, the greater the harm to your child. |
| Not connecting bullying to a protected characteristic | If the bullying is based on your child’s race, disability, sex, gender identity, or national origin, make that connection explicit in your reports. This triggers federal civil rights protections and gives you access to OCR and federal court. |
| Missing the OCR filing deadline | You have 180 days from the discriminatory act to file with OCR. Do not wait until the school year ends or until the school finishes its investigation. File promptly. |
| Telling your child to fight back | If your child retaliates, the school may discipline them. Keep the focus on the school’s obligation to stop the bullying. Document the school’s failure to act and pursue the legal remedies available to you. |
When Should You Hire a Bullying Lawyer?
You should consider hiring a lawyer if:
- The school has failed to investigate or respond to your reports of bullying
- The bullying is based on a protected characteristic (race, sex, disability, gender identity, national origin) and the school is not addressing it
- The bullying has escalated to physical violence, threats, or serious emotional harm
- Your child has a disability and the bullying is affecting their ability to receive FAPE
- The school is retaliating against your child or your family for reporting
- Your child’s mental health, academic performance, or attendance is suffering because of the bullying
- You need to file a complaint with OCR or CHRO
- You are considering a federal or state lawsuit against the school
Why Choose Maya Murphy, P.C.?
The Connecticut Education Lawyers at Maya Murphy, P.C. represent families when Connecticut schools fail to protect students from bullying and harassment. We handle cases involving physical bullying, verbal abuse, cyberbullying, disability-based harassment, race-based harassment, sex-based harassment, and retaliation against families who report.
Schools have clear legal obligations to stop bullying, and when they fail, you have legal options. We document the school’s failures, file complaints with OCR and CHRO when federal civil rights are at stake, pursue due process hearings when a student’s FAPE is affected, and take legal action when schools are deliberately indifferent to known harassment.
- Recognized by Best Lawyers for Education Law
- 30+ years of experience representing families in Connecticut and New York
- Evening and weekend appointments available
- Spanish-speaking services available
Contact us at (203) 221-3100 or Ask@MayaLaw.com to schedule a confidential consultation.
