§ 16-21-26 - Student discipline codes.
SECTION 16-21-26
§ 16-21-26 Student discipline codes.– (a) As used in this section:
(1) "At school" means in a classroom, elsewhere on orimmediately adjacent to school premises, on a school bus or otherschool-related vehicle, at an official school bus stop, or at anyschool-sponsored activity or event whether or not it is held on school premises.
(2) "Harassment, intimidation or bullying" means anintentional written, electronic, verbal or physical act or threat of a physicalact that, under the totality of circumstances:
(i) A reasonable person should know will have the effect of:physically harming a student, damaging a student's property, placing a studentin reasonable fear of harm to his or her person, or placing a student inreasonable fear of damage to his or her property; or
(ii) Is sufficiently severe, persistent or pervasive that itcreates an intimidating, threatening or abusive educational environment for astudent.
(3) "Electronic" communications shall include any verbal,textual or graphic communication of any kind effected, created or transmittedby the use of any electronic device, including, but not limited to, a computer,telephone, cellular telephone, text-messaging device and/or personal dataassistance device.
(b) The board of a school district of a public school shalladopt a policy prohibiting harassment, intimidation, or bullying at school. Thepolicy shall specifically prohibit harassment, intimidation and bullying bystudents at school and address prevention of an education about such behavior.The policy shall be adopted through a process that includes representation ofparents or guardians, school employees, volunteers, pupils, schooladministrators and community representatives.
(c) Each school district shall adopt the policy under thissection and transmit a copy of its policy to the commissioner of elementary andsecondary education and director of the department of education by September 1,2004.
(d) To assist school districts and public schools indeveloping policies for the prevention of harassment, intimidation or bullying,the department of education shall develop a model policy applicable to gradesK-12. This model policy shall be issued no later than December 1, 2003.
(e) A school district shall ensure that notice of the schooldistrict's or public school's policy under this section is included in anypublication of the school district or public school policy that sets forth thecomprehensive rules, procedures and standards of conduct for its schools and inits pupil handbook.
(f) A school employee, pupil or volunteer shall not, norshall those individuals solicit others with the intent to engage in reprisal,retaliation or false accusation against a victim, witness or one with reliableinformation about an act of harassment, intimidation or bullying.
(g) A school employee, pupil or volunteer who has witnessedor has reliable information that a pupil has been subjected to harassment,intimidation or bullying, whether written, verbal or physical, is encouraged toreport the incident to the appropriate school official designated by the schooldistrict's or public school's policy.
(h) A school employee who promptly reports an incident ofharassment, intimidation or bullying to the appropriate school officialdesignated by the school district's or public school's policy, and who makesthis report in compliance with the procedures in the policy prohibitingharassment, intimidation or bullying is not liable for damages arising from anyfailure to remedy the reported incident.
(i) Public schools and school districts are encouraged toform bullying prevention task forces, programs and other initiatives involvingschool staff, pupils, administrators, volunteers, parents, law enforcement andcommunity members.
(j) Each school district or public school shall do all of thefollowing:
(1) Provide training on the school district's or publicschool academy's harassment, intimidation or bullying policies to schoolemployees and volunteers who have significant contact with pupils. The trainingmay include promotion of conflict resolution and mediation techniques forresolving conflicts between and among pupils without violence.
(2) Develop a process for discussing the harassment,intimidation or bullying policy with pupils. The process may include teachingpupils techniques for preventing and resolving conflicts without violence,including dating violence and interpersonal violence.
(k) A school district or public school academy shallincorporate information regarding the school district or public or privateschool academy's policy against harassment, intimidation or bullying into eachschool's employee training program.
(l) This section does not prevent a victim from seekingredress under any other available law, either civil or criminal. This sectiondoes not create or alter any tort liability.