Virginia SB 265: Elementary and secondary schools or higher educational institutions; bullying and cyberbullying.

Bill Text

2027 SESSION

INTRODUCED

26100204D

SENATE BILL NO. 265

Offered January 14, 2026

A BILL to amend and reenact §§ 22.1-276.01, 22.1-279.3:1, and 22.1-279.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-56.01, relating to elementary and secondary schools; institutions of higher education; aggravated bullying and cyberbullying unlawful; civil right of action; policies and procedures; penalty.

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Patron—Stanley

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-276.01, 22.1-279.3:1, and 22.1-279.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-56.01 as follows:

§ 18.2-56.01. Aggravated bullying and cyberbullying unlawful; penalty.

A. Any person who commits an act of aggravated bullying or aggravated cyberbullying, as those terms are defined in § 22.1-276.01, against a student enrolled in any elementary or secondary school or a public institution of higher education is guilty of a Class 1 misdemeanor.

B. Nothing in this section shall be interpreted to infringe upon the rights of students pursuant to the First Amendment to the Constitution of the United States or prohibit expression of religious, philosophical, or political views, provided that such expression does not cause an actual material disruption of the work of the school and except to the extent permitted by the First Amendment to the Constitution of the United States.

§ 22.1-276.01. Definitions.

A. For the purposes of this article, unless the context requires a different meaning:

"Aggravated bullying" means any act of bullying, including through acts, words, or written communication, that (i) is intentionally directed at the victim for the purpose of placing the victim in reasonable fear or apprehension of bodily injury or death, provoking a breach of the peace, or inciting an act of violence or (ii) (a) is intentionally directed at the victim on the basis of the victim's real or perceived race, ethnicity, national origin, religion, age, sex, gender, sexual orientation, disability, medical condition, mental health condition, or appearance and (b) has the effect of interfering with the victim's ability to attend, engage in, or benefit from educational, extracurricular, or other opportunities provided by an elementary or secondary school. "Aggravated bullying" includes any incident of aggravated cyberbullying.

"Aggravated cyberbullying" means any act of cyberbullying that also meets the criteria for the definition of aggravated bullying.

"Alternative education program" includes night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

"Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyberbullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict.

"Cyberbullying" means bullying that occurs through the use of technology, including through cell phones and other electronic devices or technology capable of accessing the Internet.

"Disruptive behavior" means a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment.

"Dress or grooming code" means any practice, policy, or portion of a code of student conduct adopted by a school board that governs or restricts the attire, appearance, or grooming, including hairstyle, of any enrolled student.

"Exclusion" means a Virginia school board's denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than 30 calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

"Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

"Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days.

"Short-term suspension" means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed 10 school days.

B. For the purposes of §§ 22.1-277.04, 22.1-277.05, 22.1-277.2, and 22.1-277.2:1, "superintendent's designee" means a (i) trained hearing officer or (ii) professional employee within the administrative offices of the school division who reports dire