Charlie's Law: New Legal Obligations for Virginia Independent Schools in Responding to Student Bullying

2 min

As independent schools in Virginia review their student/family and employee handbooks over the summer break, they will want to ensure they are aware of a new law impacting their handbook policies.

Public schools across Virginia have long been required to have policies governing bullying, harassment, and cyberbullying. On April 6, 2026, Governor Abigail Spanberger signed into law Charlie's Law to Protect all Students ("Charlie's Law"). Charlie's Law goes into effect on July 1, 2026, and expressly applies to independent and private elementary and secondary schools, requiring all such schools to similarly have policies in place for addressing and responding to bullying, cyberbullying, and hazing.

Specifically, Virginia independent schools must ensure that (i) their policies are consistent with applicable state, federal, and case law; (ii) school personnel are trained on appropriate student conduct and the conduct that violates school policies; and (iii) policies are also in place to reduce bias and harassment in the enforcement of the student bullying, cyberbullying, and hazing policies.

As they relate to the prohibited conduct that must be reflected in the student and family handbook, these prohibitions must (i) require parents of students involved in a confirmed incident of bullying to be notified within 24 hours of confirmation of the incident; (ii) prohibit and address reports of cyberbullying; (iii) prevent retaliation and the fear of retaliation for bullying and cyberbullying victims and witnesses; and (iv) prohibit hazing as similarly defined by Virginia law. Notably, these are the minimum standards imposed on independent schools by Charlie's Law—independent schools that have policies and codes of conduct in place that meet or exceed these standards may retain their existing policies.

In light of these new requirements, independent schools should review and update their existing bullying, harassment, and hazing policies as contained their student/family handbook, consistent with Charlie's Law, to ensure that that they are well positioned to educate their communities on and implement these policies by the beginning of the 2026-2027 school year. Schools should also consider the broader impact of these requirements on related policies in their employee handbooks, as updates to reporting procedures may necessitate corresponding revisions to those materials.

The Venable Independent School Law team is available to assist independent schools in ensuring they are in compliance with Charlie's Law.