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Bill

H 441

An act relating to amending the prohibitions against harassment in schools

2025-2026 Regular Session Introduced by Kevin Christie

The bill broadens school harassment definitions to include non-severe, single, or outside-school incidents, enabling findings based on aggregated conduct and protected characterist

Read first time and referred to the Committee on Education
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Bill Summary · H 441

Summary of Bill H.441 ( Vermont, 2025-2026)

Purpose and intent

  • Proposes to amend Vermont's harassment prohibitions in schools to clarify that harassment is unlawful even if it is not severe or pervasive.
  • Seeks to strengthen protection for students by allowing harassment findings based on a broader set of circumstances and by not requiring the conduct to meet traditional “severe or pervasive” thresholds.

Key provisions and changes

  • Definition of harassment (16 V.S.A. § 11, new subsection 26):

    • Harassment is defined as verbal, written, visual, or physical conduct (including electronic), based on a student or family member’s actual or perceived characteristics (race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, disability).
    • The conduct must have the purpose or effect of undermining, detracting from, or interfering with a student’s educational performance, access to school resources, or create an objectively intimidating, hostile, or offensive environment.
    • Crucially, the bill states for the conduct to be harassment, it does not need to be severe or pervasive.
    • The determination is made on the record as a whole; a single incident can constitute harassment.
    • Incidents should be viewed in aggregate with varying types of conduct and multiple characteristics, rather than in isolation.
    • Several clarifications:
    • Harassment can be found even if the complainant is not the target, did not resist, or if others outside the protected class experience similar conduct.
    • The conduct can be found unlawful even if the student continued education and access to resources, or did not suffer physical/psychological injury, or the conduct occurred outside the school.
    • Behavior that a reasonable person would view as a petty slight or trivial inconvenience is not harassment.

  • Harassment; notice and response (16 V.S.A. § 570f, amended in Sec. 2):

    • To prevail in a harassment action under 16 V.S.A. § 570f and 9 V.S.A. chapter 139, a plaintiff must prove: 1) The student faced unwelcome conduct based on protected characteristics; and 2) The conduct was either:
      • (A) at least two or more instances so pervasive that, viewed objectively against a reasonable student in a similar situation, it substantially and adversely affected equal educational opportunities or benefits; or
      • (B) a single instance so severe that it substantially and adversely affected equal educational opportunities or benefits.

  • Definitions and cross-reference (9 V.S.A. § 4501, amended in Sec. 3):

    • The term "Harass" continues to mean unwelcome conduct that detracts from, undermines, or interferes with a person.
    • The provisions of this subsection are not intended to apply to actions under the harassment framework established by 16 V.S.A. § 570f (the harassment provisions that address schools).

  • Effective date (Sec. 4):

    • The act takes effect on July 1, 2025.

Who is affected

  • Students in Vermont schools (and potentially families) who experience harassment based on protected characteristics.
  • School administrators, educators, and school policies will be guided by the revised definitions and standards for identifying and addressing harassment.
  • Legal framework for harassment complaints in schools is clarified to allow broader recognition of harassment beyond “severe or pervasive” thresholds.

Procedural and timing considerations

  • Effective date: July 1, 2025.
  • The changes will apply to school policy development, student conduct processes, and any legal actions under the state harassment framework, aligning school remedies with the broader harassment standard described.
  • The bill was introduced by Rep. Christie (Hartford) and referred to the House Committee on Education (as of February 28, 2025).

Observations and potential impact

  • The bill lowers the threshold for what constitutes harassment in schools by removing the requirement that conduct be severe or pervasive.
  • It emphasizes a holistic, record-based assessment and aggregation of conduct, potentially increasing how incidents are evaluated and addressed.
  • By allowing harassment findings even in non-traditional scenarios (e.g., one incident, conduct outside school, or conduct involving multiple protected characteristics), the bill broadens accountability and the scope of protective measures for students.
  • The changes may require districts to review and adjust harassment policies, training, and reporting mechanisms to align with the new definition and standards.

Compiled from official sources — confirm details with the bill’s official record.

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