§ 6-18-514 - Antibullying policies.
               	 		
6-18-514.    Antibullying policies.
    (a)    (1)  The  General Assembly finds that every public school student in this state  has the right to receive his or her public education in a public school  educational environment that is reasonably free from substantial  intimidation, harassment, or harm or threat of harm by another student.
      (2)  The  school board of directors in every public school district shall adopt  policies to prevent pupil harassment, also known as bullying.
      (3)  As used in this subchapter:
            (A)  "Bullying"  means the intentional harassment, intimidation, humiliation, ridicule,  defamation, or threat or incitement of violence by a student against  another student or public school employee by a written, verbal,  electronic, or physical act that causes or creates a clear and present  danger of:
                  (i)  Physical harm to a public school employee or student or damage to the public school employee's or student's property;
                  (ii)  Substantial interference with a student's education or with a public school employee's role in education;
                  (iii)  A  hostile educational environment for one (1) or more students or public  school employees due to the severity, persistence, or pervasiveness of  the act; or
                  (iv)  Substantial disruption of the orderly operation of the school or educational environment;
            (B)  "Electronic  act" means without limitation a communication or image transmitted by  means of an electronic device, including without limitation a telephone,  wireless phone or other wireless communications device, computer, or  pager;
            (C)  "Harassment" means a  pattern of unwelcome verbal or physical conduct relating to another  person's constitutionally or statutorily protected status that causes,  or reasonably should be expected to cause, substantial interference with  the other's performance in the school environment; and
            (D)  "Substantial disruption" means without limitation that any one (1) or more of the following occur as a result of the bullying:
                  (i)  Necessary cessation of instruction or educational activities;
                  (ii)  Inability  of students or educational staff to focus on learning or function as an  educational unit because of a hostile environment;
                  (iii)  Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
                  (iv)  Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.
(b)  The policies shall:
      (1)    (A)  Clearly define conduct that constitutes bullying.
            (B)  The definition shall include without limitation the definition contained in subsection (a) of this section;
      (2)  Prohibit bullying:
            (A)  While  in school, on school equipment or property, in school vehicles, on  school buses, at designated school bus stops, at school-sponsored  activities, at school-sanctioned events; or
            (B)    (i)  By  an electronic act that results in the substantial disruption of the  orderly operation of the school or educational environment.
                  (ii)  This  section shall apply to an electronic act whether or not the electronic  act originated on school property or with school equipment, if the  electronic act is directed specifically at students or school personnel  and maliciously intended for the purpose of disrupting school, and has a  high likelihood of succeeding in that purpose;
      (3)  State  the consequences for engaging in the prohibited conduct, which may vary  depending on the age or grade of the student involved;
      (4)  Require  that a school employee who has witnessed or has reliable information  that a pupil has been a victim of bullying as defined by the district  shall report the incident to the principal;
      (5)  Require that the person or persons who file a complaint will not be subject to retaliation or reprisal in any form;
      (6)  Require  that notice of what constitutes bullying, that bullying is prohibited,  and that the consequences of engaging in bullying be conspicuously  posted in every classroom, cafeteria, restroom, gymnasium, auditorium,  and school bus in the district; and
      (7)  Require  that copies of the notice of what constitutes bullying, that bullying  is prohibited, and that the consequences of engaging in bullying be  provided to parents, students, school volunteers, and employees. Each  policy shall require that a full copy of the policy be made available  upon request.
(c)  A school employee  who has reported violations under the school district's policy shall be  immune from any tort liability that may arise from the failure to remedy  the reported incident.
(d)  The  local school board of directors may provide opportunities for school  employees to participate in programs or other activities designed to  develop the knowledge and skills to prevent and respond to acts covered  by this policy.
(e)    (1)  The school district shall file with the Department of Education a copy of the policies adopted in compliance with this section.
      (2)  The  State Board of Education shall review the policies provided by the  school districts and may recommend changes or improvements to the  districts if the state board determines that the policies need  improvement.