Bill Sponsors
Ackerman, Shekarchi, McNamara, Boylan, Finkelman, Kazarian, Kennedy, Donovan, J. Brien, and Newberry
Committee
House Education
Summary
Select
This bill introduces a restorative justice approach to addressing bullying in schools when the bullying is based on religious beliefs, sexual orientation, or ethnicity. It authorizes school administrators or juvenile hearing boards to require a student who commits such acts to perform up to ten hours of "directed community service." This service is intended to be educational and specifically related to the nature of the bullying to deter future behavior. For example, bullying based on religion might result in service at a related museum. The service must be completed within three months and is not a criminal penalty.
Sponsor
Analysis
Pros for Progressives
- Promotes restorative justice by focusing on education, insight, and growth rather than relying solely on punitive measures like suspension or expulsion.
- Specifically addresses and attempts to mitigate hate-based incidents targeting vulnerable populations, including LGBTQ+ students and religious or ethnic minorities.
- Empowers community organizations and educational institutions to play an active role in reshaping the perspectives of youth who engage in discriminatory behavior.
Cons for Progressives
- The text explicitly lists "sexual orientation" but omits "gender identity," potentially leaving transgender and non-binary students without the same specific protections or recourse under this specific statute.
- Ten hours of community service may be insufficient to address or dismantle deep-seated radicalization or systemic bias learned at home or online.
- Relies heavily on the discretion of school administrators ("may" be required), which could lead to inconsistent application where some students receive educational interventions while others receive harsher traditional punishments.
Pros for Conservatives
- Ensures that disciplinary action remains at the school or juvenile board level, explicitly stating this is not a criminal penalty, which prevents the criminalization of childhood mistakes.
- Encourages personal responsibility and active restitution, requiring the student to "do the time" and work to make amends rather than just sitting in detention.
- The scope of government intervention is limited and temporary, with a cap of ten hours and a three-month window, preventing indefinite state control over a student's schedule.
Cons for Conservatives
- Could be interpreted as compelled speech or state-sponsored ideological re-education if students are forced to volunteer for organizations that conflict with their family's values or religious beliefs.
- Grants school administrators subjective power to determine what constitutes "insight" and "learning," potentially leading to bias against students expressing unpopular but protected viewpoints.
- Creates a two-tiered disciplinary system where bullying based on identity classes is treated differently than other forms of bullying, rather than punishing the act of bullying uniformly.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Students
- School Administrators
- Parents
- Juvenile Hearing Boards
- Community Non-Profits/Museums
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/15/2026 Introduced, referred to House Education
Bill Text
SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following section:
16-21-44. Bullying -- Directed community service.
(a) This section shall establish a form of restorative justice designed to address acts of bullying (the "action") in and around schools that are based on religious beliefs, sexual orientation, or ethnicity, in a manner which provides a suitable sanction for the action but also promotes learning, knowledge, and insight to deter a student from engaging in future acts of bullying.
(b) As used in this section, the term "bullying" has the same meaning as "bullying" and "cyberbullying" as defined in § 16-21-33.
(c) A student who commits an act or acts of bullying which is based upon or related to the religious beliefs, sexual orientation, or ethnicity of the person subject to the bullying, may, in addition to any other penalties provided by law, be required to perform up to ten (10) hours of directed community service in a setting and manner to both deter a student from engaging in future acts of bullying, and also to promote learning, knowledge, and insight. This community service may be imposed by a juvenile hearing board, or a school administration, or any combination thereof. Directed community service imposed by a school administration or juvenile hearing board shall not be deemed a criminal penalty.
(d) Directed community service shall be tailored to the bullying action. By way of illustration only, and without imposing any limitations, for a student who has bullied a student based upon the student’s Jewish faith or heritage, directed community service pursuant to this section could be performed at a Holocaust museum.
(e) Any community service imposed pursuant to the provisions of this section shall need to be completed within three (3) months from the date of imposition.
SECTION 2. This act shall take effect upon passage.
16-21-44. Bullying -- Directed community service.
(a) This section shall establish a form of restorative justice designed to address acts of bullying (the "action") in and around schools that are based on religious beliefs, sexual orientation, or ethnicity, in a manner which provides a suitable sanction for the action but also promotes learning, knowledge, and insight to deter a student from engaging in future acts of bullying.
(b) As used in this section, the term "bullying" has the same meaning as "bullying" and "cyberbullying" as defined in § 16-21-33.
(c) A student who commits an act or acts of bullying which is based upon or related to the religious beliefs, sexual orientation, or ethnicity of the person subject to the bullying, may, in addition to any other penalties provided by law, be required to perform up to ten (10) hours of directed community service in a setting and manner to both deter a student from engaging in future acts of bullying, and also to promote learning, knowledge, and insight. This community service may be imposed by a juvenile hearing board, or a school administration, or any combination thereof. Directed community service imposed by a school administration or juvenile hearing board shall not be deemed a criminal penalty.
(d) Directed community service shall be tailored to the bullying action. By way of illustration only, and without imposing any limitations, for a student who has bullied a student based upon the student’s Jewish faith or heritage, directed community service pursuant to this section could be performed at a Holocaust museum.
(e) Any community service imposed pursuant to the provisions of this section shall need to be completed within three (3) months from the date of imposition.
SECTION 2. This act shall take effect upon passage.