Stories from the States: MassEquality and Partners Work Together to Update Massachusetts’ Anti-Bullying Law

May 27, 2014

Every student should be able to go to school each day in a safe and supportive environment where they are able to learn and excel without fear of being bullied.

In 2010, Massachusetts passed a landmark anti-bullying law to ensure safety for students. Along with the law, a Commission on Bullying Prevention was tasked with gathering information and data on how this law could be improved. From the Commission’s recommendations, MassEquality and its partners worked to pass H.3909, An Act Relative to Bullying in Schools.

Just this past month, in a bipartisan vote of 37-1, the Massachusetts Senate passed H.3909, which will update the state's anti-bullying laws to include specific protections for youth populations that are the most frequent targets of bullying, including LGBT youth.

We were able to talk with Carly Burton, Deputy Director of MassEquality, to learn more about what this bill does for all students in Massachusetts, and how partnering with other organizations and politicians was critical to this win.

Equality Federation: Tell us about An Act Relative to Bullying in Schools (H.3909)? What does it do?
Carly Burton of MassEquality:
An Act Relative to Bullying in Schools updates the MA anti-bullying law in 3 ways. It requires school district anti-bullying plans to now include enumerated categories of students more vulnerable to bullying; it requires data collection of incidents of bullying and harassment; and very importantly, it requires that the Department of Elementary and Secondary Education (DESE) develop a survey to be disseminated to students that assess student attitudes towards school climate. This survey would be done every 4 years. 

EF: Why is H.3909 important for LGBT students in Massachusetts?
CB:
These changes are significant for LGBT students because it puts school districts on notice: they know now that LGBT students are often targeted. The new law also provides a foundation for staff, faculty and students to intervene when bullying occurs. 

EF: What’s new about this bill that makes it particularly effective in safe school anti-bullying efforts?
CB:
The student survey is particularly unique because it requires the Department of Elementary and Secondary Education to solicit feedback from students on school climate as opposed to just bullying. It also will provide a nice complement to the data that comes out of the Youth Risk Behavior Survey as well as an interesting counterbalance to the data collected on bullying incidents.

EF: Who did MassEquality partner with to pass this bill?
CB:
We worked very closely with the Anti-Defamation League and PFLAG to get this bill passed. In addition, we worked with BAGLY, GLSEN, the MA Gay and Lesbian Political Caucus, the MA Transgender Political Coalition and the MA LGBTQ Youth Commission.

EF: How important was the support of Attorney General Martha Coakley in getting this bill passed?
CB:
The AG and her staff were critical to getting this bill passed. She testified in person on the bill, wrote many letters and made many calls to legislators, and dedicated countless staff hours to shepherd the bill along. She was very vocal about her support throughout the legislative process. 

EF: What advice do you give to other states hoping to enact similar anti-bullying laws in their state?
CB:
Our biggest stumbling block was that this piece of legislation would be seen as an additional unfunded mandate and that school districts would be reluctant to implement it. We tried to address that fear through conversations with the MA Association of School Superintendents and the Department of Elementary and Secondary Education, and by crafting the language so that existing data collection mechanisms could be effectively utilized to remove the need for new work. I would also recommend that a strong coalition is built with a variety of stakeholders including parents, disability advocates, advocates for other enumerated categories as well as any of the LGBT groups in one's state.  It can be useful for this bill to be seen as something other than an "LGBT" bill.

Congratulations to MassEquality and your partners on your efforts to pass this critical bill to ensure safety for all Massachusetts students!

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