Staff Analysis of the Legislation
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SUMMARY: Expands current legislative prohibitions against bullying in schools.
REQUIREMENTS:
- repeals current code sections on bullying, including definitions
- student codes of conduct must contain age appropriate provisions related to bullying, harassing, or intimidating behavior during school hours, at school related functions, on the bus, and/or at the bus stop
- defines bullying, harassing, or intimidating behavior to include
- gestures, written, electronic or verbal communications, physical acts, or threatening communication that places a child or school employee in actual and reasonable fear of harm to him/herself or his/her property; creates a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits.
- acts reasonably perceived as being motived by race, religion, ancestry, gender or gender identity, socioeconomic or academic status, physical appearance or handicap, sexual orientation, etc.
- defines hostile environment as when the victim subjectively views the conduct as bullying, harassing, or intimidating behavior and a reasonable person would agree that it meets the definition
- prohibits reprisal or retaliation against a victim, witness or person reporting bullying
- school employees, students, and volunteers must report bullying to an appropriate school official
- boards of education must adopt a policy (with input from a variety of constituents) prohibiting bullying, harassing, or intimidating behavior. The policy must contain each of 11 provisions listed in the legislation (see below). The policy must be included in the student code of conduct, other appropriate publications, and training must be provided employees and volunteers on the policy.
- the State Board must develop sample policies and training programs
POINTS TO CONSIDER: creates a wide variety of actions to be implemented by local school districts and local schools.
EFFECTIVE DATE: July 1, 2010
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