Bullying is more than just a school problem. In Arkansas, it’s also a legal one. The state has some of the most detailed anti-bullying laws in the country. And yet, most parents and students have no idea what those laws actually say.
That changes today. Here’s everything you need to know about Arkansas bullying laws in plain, simple language.
What Is Bullying Under Arkansas Law?
Arkansas law has a very specific definition of bullying. It’s not just teasing or name-calling. It goes much deeper than that.
According to Arkansas Code § 6-18-514, bullying is the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat of violence by one student against another. It can happen through written, verbal, electronic, or physical actions. The key word here is “intentional.” Accidents don’t count.
Okay, but what makes something rise to the level of bullying? The behavior has to cause or create at least one of these three things. First, actual or foreseeable physical harm to the student or their property. Second, major interference with that student’s education. Third, a hostile school environment because of how severe, persistent, or widespread the behavior is.
So simple rudeness doesn’t qualify. Bullying is a pattern. Or a single act serious enough to cause real harm. Right?
Cyberbullying Is Covered Too
Here’s where it gets really important. Arkansas law does not stop at the school doors.
Cyberbullying is illegal in Arkansas under its own criminal statute, Arkansas Code § 5-71-217. This law applies even if the bullying started off school grounds or used a personal device. If the cyberbullying was directed at students or school staff, was meant to disrupt school, and had a high chance of doing so, the school can still step in.
Cyberbullying means sending electronic messages to frighten, coerce, intimidate, threaten, abuse, or harass someone. This includes texts, social media posts, emails, direct messages, and more. Pretty much any electronic communication can count.
Most people don’t realize online behavior can lead to criminal charges. They find out the hard way. Don’t be one of them.
Who Is Protected?
This is the part that surprises a lot of people. Arkansas law protects students from bullying based on a long list of personal characteristics.
Arkansas law specifically protects students from bullying based on race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, and sexual orientation. That list also includes “other attributes,” which gives schools room to cover additional situations.
So if a student is targeted because of their appearance, their grades, their religion, or their economic background, that is covered under Arkansas law. Full stop.
Basic School Rules: What Districts Must Do
Here’s what you may not know. Every public school district in Arkansas is legally required to have an anti-bullying policy. This has been true since Act 681 of 2003. And the rules have only gotten stronger since then.
Schools must include several specific things in their policies. The policy must clearly define bullying and cyberbullying. It must state that bullying is prohibited. It must list the consequences for bullying. And it must explain how students and parents can report incidents.
Every school must also post notices about what bullying is, that it is prohibited, and what the consequences are. These notices have to go to parents, students, school volunteers, and employees. Schools must review and update these policies every single year.
Wondering if your school is following these rules? You have the right to ask for a copy of the policy. Schools are required to make it available.
What Teachers and Staff Must Do
Okay, pause. Read this part carefully.
School employees in Arkansas are not just encouraged to report bullying. They are required to. Any school employee who witnesses bullying or has reliable information that it happened must report it to the principal as soon as possible.
That is a legal obligation. Not a suggestion.
Once a report reaches the principal, the school has to act fast. The principal must notify the victim’s parents that a report has been made. The school must then complete a full investigation within five school days. Five days. That’s not a lot of time, which means schools have to take this seriously.
After the investigation, both sets of parents (the victim’s and the alleged bully’s) have the right to information. Within five school days after the investigation ends, they can learn whether the complaint was found to be true and whether any action was taken.
What Happens to the Bully?
Consequences vary based on age and grade level. Each school district sets its own specific punishments within state guidelines. But here’s the general idea.
Schools can assign in-school suspension. They can send students to alternative educational settings. They can require counseling. And in serious cases, they can suspend or expel the student.
Here’s something most people miss. If a student is found to have bullied another, the school must also talk with the involved students about counseling and intervention services. It’s not just punishment. The goal is also to fix the underlying problem.
Schools also have to report bullying data to the school board at a public hearing. So there is real accountability built into the system.
Criminal Penalties: When Bullying Becomes a Crime
This is where things get serious. School discipline is one thing. Criminal charges are another.
Cyberbullying in Arkansas is a Class B misdemeanor. That means you could face up to 90 days in jail and a fine of up to $1,000. Think of it like a serious traffic offense, but it goes on your record and can follow you for years.
If the victim is a school employee, it gets worse. The charge becomes a Class A misdemeanor. That carries up to one year in jail and a fine of up to $2,500.
Harassing communications is also a Class A misdemeanor. This covers any message sent to harass, annoy, or alarm another person. One year in jail. Up to $2,500 in fines. This applies even if the message is not repeated. One bad message can be enough.
Honestly, this is the part most people miss. They think cyberbullying is just a school issue. It’s not. It’s also a criminal one.
When Bullying Becomes a Felony
Wait, it gets worse. Some bullying-related behavior can lead to felony charges.
If someone repeatedly harasses another person to the point of making them fear for their safety, that can become stalking. Stalking in the third degree is a Class A misdemeanor. But if the defendant makes threats that cause someone to fear death or serious injury, it upgrades to stalking in the second degree, which is a Class C felony. That means three to ten years in prison.
Doxing a minor on social media is also illegal in Arkansas under Arkansas Code § 5-27-610. Doxing means publishing someone’s private information online with malicious intent. If the victim is a minor and the goal is to frighten, coerce, intimidate, threaten, abuse, or harass them, you could face felony charges.
Most people assume doxing is legal. They learn otherwise after it’s too late.
Off-Campus and Online Behavior: Does the Law Apply?
Sound complicated? It’s actually pretty straightforward once you understand the rule.
Arkansas law covers cyberbullying even when it starts off school property. The key test is this: Was the behavior directed at students or school staff? Was it meant to disrupt the school environment? Was it likely to succeed in doing that?
If the answer to those questions is yes, the school can act. And law enforcement can too.
So no, deleting an app or using a personal phone at home does not put someone above the law. The content matters, not the location.
How to Report Bullying in Arkansas
You’re not alone if you don’t know where to start. Most people don’t. Here’s a simple breakdown.
If the bullying happens during school hours, report it directly to the school principal or their designee. You can do this in person, in writing, or through another staff member. If you see an employee witness bullying and say nothing, that is actually a violation of their legal duty.
Once you make a report, the school must investigate. You have the right to follow up. Ask about the timeline. Ask about the outcome. You are entitled to know whether the complaint was found to be valid and whether action was taken.
If the bullying includes threats of violence or criminal behavior, contact local law enforcement as well. School reports and police reports are separate. You can and should file both if the situation is serious.
If you feel the school is not responding correctly, you can escalate to the Arkansas Division of Elementary and Secondary Education (DESE). Schools are required to report to this agency and can be held accountable.
What Parents Should Know
A friend asked me about this recently. She had no idea that her child had the right to a written outcome after a bullying investigation. Turns out, most parents don’t know that either.
You have the legal right to be notified if your child is the victim of a bullying complaint. You have the right to know whether the investigation found the complaint credible. You have the right to know whether the school took action.
Also, keep records. Save screenshots of online bullying. Write down dates, times, and what was said or done. This documentation is valuable if the situation escalates to a criminal complaint or a civil matter.
If you ever feel unsafe or believe laws are being broken, talk to a lawyer. Many offer free consultations. This part of the law can get complicated fast.
Hazing: A Related but Separate Issue
Here’s something worth knowing. Hazing is covered under a different Arkansas law.
Under Arkansas Code § 6-5-203, hazing means any willful act that humiliates, shames, or embarrasses a student. It also includes abusive tricks or forcing students to do things that are degrading. This often happens in clubs, sports teams, or fraternities.
Knowingly permitting, encouraging, aiding, or assisting someone in hazing is also illegal. You don’t have to do the act yourself to face charges. A hazing conviction is a Class B misdemeanor. And if convicted, a student can be expelled in addition to any criminal penalty.
Frequently Asked Questions
Does Arkansas law cover bullying by adults toward students?
Yes. Arkansas law covers bullying of public school students by other students, but harassment and threatening communications laws apply to adults targeting students as well.
Can a student be expelled for bullying in Arkansas?
Yes. Schools have the authority to expel students found to have engaged in bullying, depending on the severity and the school district’s policy.
What if the bully goes to a different school?
You should still report it to your school. You should also contact your local law enforcement if the behavior is criminal. The school where the victim attends can still take protective action.
Is it illegal to retaliate against someone who reports bullying?
Yes. Arkansas law specifically prohibits retaliation or reprisal against any person who files a credible bullying complaint. This protection is written directly into state law.
What if the bullying happens on the weekend or during summer?
School anti-bullying policies primarily cover school hours and school-related activities. However, cyberbullying and criminal harassment laws apply at any time, regardless of when the behavior happens.
Final Thoughts
Arkansas takes bullying seriously. The laws are real. The penalties are real. And the protections for students are real too.
If you or your child is being bullied, report it. Document everything. Follow up with the school. And if the behavior crosses into criminal territory, contact law enforcement.
You know your rights now. Use them.
References
- Arkansas Code § 6-18-514 – Anti-Bullying Policies (2024): https://law.justia.com/codes/arkansas/title-6/subtitle-2/chapter-18/subchapter-5/section-6-18-514/
- Arkansas Code § 5-71-217 – Cyberbullying (2024): https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-71/subchapter-2/section-5-71-217/
- Arkansas Code § 5-27-610 – Unlawful Doxxing of a Minor on Social Media (2024): https://law.justia.com/codes/arkansas/title-5/subtitle-3/chapter-27/subchapter-6/section-5-27-610/
- StopBullying.gov – Arkansas Anti-Bullying Laws and Policies: https://www.stopbullying.gov/resources/laws/arkansas
- ACLU of Arkansas – Know Your Rights: Student Bullying in Arkansas: https://www.acluarkansas.org/know-your-rights/know-your-rights-student-bullying-arkansas/
- Arkansas DESE Bullying Prevention Guidance: https://dese.ade.arkansas.gov/Files/FINAL_2022_AR_DESE_Bullying_Prevention_Guidance_Legal.pdf
- Criminal Defense Lawyer – Cyberbullying Laws and Penalties in Arkansas: https://www.criminaldefenselawyer.com/resources/cyberbullying-laws-arkansas.htm
