Section 193-F:3 Pupil Safety and Violence Prevention.
I. (a) Each local school board shall adopt a pupil safety and violence prevention policy which addresses pupil harassment, also known as ""bullying'', and which is consistent with the provisions of this chapter. Such policy shall include language which details the action to be taken by the local school board to resolve and remediate occurrences of pupil harassment.
(b) At the beginning of each school year, school districts shall, in writing, inform the parent, legal guardian, or other person responsible for the welfare of the pupil of the district's pupil safety and violence prevention policy and the appeals process available at the local and state levels.
II. (a) Any school employee, or employee of a company under contract with a school or school district, who has witnessed or has reliable information that a pupil has been subjected to insults, taunts, or challenges, whether verbal or physical in nature, which are likely to intimidate or provoke a violent or disorderly response that violates the school bullying policy shall report such incident to the principal, or designee, who shall in turn report the incident to the superintendent and the school board.
(b) The principal, or designee, shall by telephone and in writing by first-class mail, report the occurrence of any incident described in this paragraph to the parent or legal guardian of all pupils involved within 48 hours of the occurrence of such incident. The notice shall advise the individuals involved of their due process rights including the right to appeal to the state board of education. The superintendent may, within the 48 hour time period, grant the principal a waiver from the notification requirement if the superintendent deems such waiver to be in the best interest of the child. Any waiver granted shall be in writing.
III. The remedy required in paragraph I shall be defined by the local school board and the local school board shall, in writing, notify all parties involved of its decision. If the remedies outlined in the school board's policy are exhausted, the aggrieved party shall have the right to appeal the decision to the state board of education. The state board of education shall, in writing, notify all parties involved of its decision. The local school board may provide opportunities for educators to have the knowledge and skills to prevent and respond to acts covered by this chapter.
IV. A school employee, or employee of a company under contract with a school or school district, who has reported violations under this chapter to the principal or designee or who has intervened under paragraph II, shall be immune from any cause of action which may arise from the failure to remedy the reported incident.
Source. 2000, 190:1. 2004, 205:1, eff. June 11, 2004.