Aila Boyd
aboyd@mainstreetnewspapers.com
A proposal before the Virginia General Assembly would make aggravated bullying and aggravated cyberbullying a Class 1 misdemeanor and require schools and higher education institutions to report serious incidents to law enforcement.
Known as Autumn’s Law, the legislation was introduced by Sen. William M. Stanley Jr., R-Franklin County, and is intended to address what supporters describe as severe, targeted bullying that goes beyond typical school discipline issues.
Stanley said he has heard for years from families whose children experienced relentless harassment, threats and intimidation that interfered with their ability to attend school.
“These aren’t cases of ordinary teasing or peer disagreements,” Stanley said. “These are situations where students have been systematically terrorized or targeted to the point where they can no longer function in school.”
Stanley said the bill was prompted in part by a conversation with Summer Bushman, whose 10-year-old daughter died by suicide after being bullied. Stanley said existing law did not provide sufficient tools to address that level of conduct.
“I promised her I would propose a bill to prevent this from happening to the next mother and child,” he said.
The legislation builds on Senate Bill 908, which Stanley passed last year to strengthen school cyberbullying policies, including requiring schools to address off-campus cyberbullying and notify parents within 24 hours. Autumn’s Law focuses on conduct that Stanley said crosses into criminal territory.
Under the bill, aggravated bullying includes behavior that intentionally places a student in reasonable fear of bodily injury or death, provokes violence or targets a student based on characteristics such as race, religion, disability, sexual orientation or appearance in a way that interferes with their education.
Dr. Thomas McCracken, former pastor of CommUNITY Church in Salem and anti-bullying advocate, helped draft the legislation and said his research shows schools often lack the clarity and consistency needed to address serious bullying.
“As an educator in the Valley, having reviewed anti-bullying policies for many of our local districts, I can tell you that our schools are struggling with a lack of definitions, training and consistency,” McCracken said.
McCracken said his doctoral research found that many school policies are outdated and fail to adequately address cyberbullying. Even when policies exist, he said educators often feel ill-equipped to identify bullying or respond consistently.
“One of the most consistent concerns expressed by educators was that, with the tools and training they have available, they are ill-equipped to differentiate between teasing, play and bullying,” McCracken said.
McCracken said the bill’s use of the word “aggravated” was intentional, distinguishing severe, intentional harm from normal childhood behavior.
“This separates normal child play, teasing, roughhousing and banter from behavior designed to intentionally harm another, often involving an imbalance of power,” he said.
Stanley emphasized that the bill is narrowly tailored and does not criminalize ordinary student conflicts.
“The bill explicitly states that bullying does not include ordinary teasing, horseplay, argument or peer conflict,” Stanley said. “Those situations remain in the school discipline realm where they belong.”
He added that the legislation includes First Amendment protections and preserves prosecutorial discretion.
Supporters of the bill say consistent statewide standards are needed. McCracken said allowing each school or district to handle bullying independently has led to uneven enforcement and confusion.
“In one school I researched, I saw three different approaches to bullying incidents under one district policy,” he said. “Students thrive under clear and defined policies that translate to consistent, fair and balanced practices.”
McCracken said the legislation is also personal. He represented the Catawba District on the Roanoke County School Board, founded an anti-bullying advocacy group, authored research on bullying and has worked with families affected by bullying-related tragedies.
“The bullying landscape is much different than it was years ago,” McCracken said. “With cyberbullying, there are no safe places for victims to escape. We must do better to protect this vulnerable population.”
Stanley said he hopes the bill will improve student safety, deter severe bullying and give schools clear authority to involve law enforcement when necessary.
“When conduct rises to the level of criminal threats or bias-based harassment that denies a child access to education, families deserve consistent protections regardless of where they live,” Stanley said.
If enacted, Autumn’s Law would require school boards and higher education institutions to adopt detailed policies addressing aggravated bullying, including reporting procedures, disciplinary actions and resources for victims.
“This is about protecting our most vulnerable students,” Stanley said. “Our children are our greatest natural resource, and we must protect them.”
