Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.02 - Definitions and Terms

Current through Register 1525, July 5, 2024
Aggressor
means perpetrator of
				bullying or retaliation as defined in M.G.L. c. 71, § 37O.
Approved Private Day or Residential
				School
means a school that accepts, through agreement with a
				school committee, a student requiring special education pursuant to M.G.L. c.
				71B, § 10 and
				603
				CMR 28.09:
Approval of Public and
				Private Day and Residential Special Education School Programs
.
Bullying
, pursuant to M.G.L. c. 71,
				§ 37O, means the repeated use by one or more students or by a member of a
				school staff including, but not limited to, an educator, administrator, school
				nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an
				extracurricular activity or paraprofessional of a written, verbal or electronic
				expression or a physical act or gesture or any combination thereof, directed at
				a target that:
(a) causes physical or emotional harm to the target or damage
				to the target's property;
(b) places the target in reasonable fear of harm to himself or
				herself or damage to his or her property;
(c) creates a hostile environment at school for the
				target;
(d) infringes on the rights of the target at school; or
(e) materially and substantially disrupts the education process
				or the orderly operation of a school. Bullying shall include
				cyberbullying.
Charter School
, pursuant to M.G.L. c.
				71, § 37O, means a Commonwealth charter school or Horace Mann charter
				school established pursuant to M.G.L. c. 71, § 89.
Collaborative School
, pursuant to
				M.G.L. c. 71, § 37O, means a school operated by an educational
				collaborative established pursuant to M.G.L. c. 40, § 4E.
Cyberbullying
, pursuant to M.G.L. c.
				71, § 37O, means bullying through the use of technology or any electronic
				communication, which shall include, but not be limited to, any transfer of
				signs, signals, writing, images, sounds, data or intelligence of any nature
				transmitted in whole or in part by a wire, radio, electromagnetic, photo
				electronic or photo optical system including, but not limited to, electronic
				mail, internet communications, instant messages or facsimile communications.
				Cyberbullying shall also include:
(a) the creation of a web page or blog in which the creator
				assumes the identity of another person; or
(b) the knowing impersonation of another person as the author
				of posted content or messages, if the creation or impersonation creates any of
				the conditions in
				603 CMR
				49.03:
Bullying
(a)
				through (e). Cyberbullying shall also include the distribution by electronic
				means of a communication to more than one person or the posting of material on
				an electronic medium that may be accessed by one or more persons, if the
				distribution or posting creates any of the conditions in
				603 CMR
				49.03:
Bullying
(a)
				through (e).
Hostile Environment
, pursuant to
				M.G.L. c. 71, § 37O, means a situation in which bullying causes the school
				environment to be permeated with intimidation, ridicule or insult that is
				sufficiently severe or pervasive to alter the conditions of the student's
				education.
Local Law Enforcement Agency
means a
				local police department.
Local Plan
means the bullying
				prevention and intervention plan required to be developed under M.G.L. c. 71,
				§ 37O.
Parent
means a student's father or
				mother, or guardian.
Principal
means the administrative
				leader of a public school, charter school, collaborative school, or approved
				private day or residential school, or his or her designee for the purposes of
				implementing the school's bullying prevention and intervention plan.
Retaliation
means any form of
				intimidation, reprisal or harassment directed against a person who reports
				bullying, provides information during an investigation about bullying, or
				witnesses or has reliable information about bullying.
School
means an approved private day
				or residential school, collaborative school, or charter school.
School District
, pursuant to M.G.L. c.
				71, § 37O, means the school department of a city or town, a regional
				school district or a county agricultural school.
Student Record
has the meaning set
				forth in the Massachusetts Student Records Regulations,
				603 CMR
				23.02:
Definition of
				Terms
.
Target
means a student victim of
				bullying or retaliation as defined in M.G.L. c. 71, § 37O.