Anti-bullying law published raises schools' duties and strengthens victim protection
Newsroom Écija.
Today, 24 April 2026, the reform of Law 9404, Law for the prevention and establishment of corrective and formative measures against bullying, was published in La Gaceta, introducing relevant changes to the way in which public and private educational centres must prevent, investigate and deal with cases of violence between students. Among the main novelties are the incorporation of a reparation approach in favour of victims, the obligation to avoid re-victimisation, the extension of the scope of application of the law to new areas and the creation of an inter-institutional reparation plan.
For Javier Pacheco, head of the Education Law practice at ECIJA Costa Rica, the reform represents an important change in the way bullying is legally understood.
"The law stops seeing bullying only as a school disciplinary problem and begins to treat it also as a phenomenon that requires reparation, reinforced protection of the victim and a much more articulated institutional response," said Pacheco.
One of the most relevant changes is that the reform incorporates, within the legal definitions, the concepts of "reparation" and "revictimisation". The former is understood as the set of measures aimed at attending to and mitigating the effects of the harassment, re-establishing the injured rights and providing comprehensive accompaniment to the victim. The second recognises the additional harm that can be caused by the environment itself or the way in which the case is handled.
"This obliges schools to review not only how they react to a complaint, but also how they investigate, communicate and provide support. Poor case management can end up aggravating the damage," Pacheco added.
The reform also broadens the scope of application of the law. In addition to events occurring within the school premises, the coverage now covers cases related to student transport, public transport used by students, off-campus activities, public or sports spaces linked to the school, as well as forms of harassment in the digital environment or cyberbullying, including social networks, mobile telephony and online video games.
This extension is particularly relevant for schools and colleges, as it extends the need for clear protocols beyond the classroom and traditional school hours.
"Thereform recognises something that parents and schools already know from experience: bullying is not confined to the classroom. It can happen on the bus, on a tour, in a WhatApp chat or in a video game. The institutional response also has to adapt to that reality," said Pacheco.
One of the most relevant changes of the reform is the incorporation of the pro-victim principle into the procedure for dealing with complaints of bullying. The law establishes that, during all stages of the process, in case of doubt, it must be interpreted and resolved in favour of the victim, which reinforces their protection and raises the standard of diligence required of schools when investigating these cases.
For parents, the reform also offers a clear message: cases of bullying should not be minimised or treated as minor conflicts of coexistence. The new text reinforces the idea that victims have the right not only to be heard, but also to receive concrete measures of protection and reparation. For schools, meanwhile, the message is equally clear: they will have to review internal regulations, protocols, reporting mechanisms, confidentiality schemes and training processes in light of a more demanding legal framework.
"Schools will need more refined procedures, better trained staff and clear criteria to act quickly, sensitively and with due process. The reform raises the standard of diligence expected of institutions," Pacheco explained.
This reform opens an urgent conversation about the internal governance of educational institutions in the face of coexistence conflicts, the use of digital evidence in school investigations, the protection of minors' data and the balance between protection of the victim, due process and reintegration of the offender.
"Educational institutions that act in a reactive or improvised manner expose themselves not only to mishandling the case, but also to reputational, regulatory and eventually liability risks. Prevention today also means having a solid legal and operational framework," concluded Pacheco.
ECIJA Costa Rica's Education Law team is at the disposal of educational centres and parents' associations to analyse the scope of this reform, its practical implications and the adjustments that institutions should consider in order to adapt in a timely manner.
Contact us at:hola.costarica@ecija.com