SUMMARY:  This bill would amend Part 2 of Article 16 of Chapter 2 of Title 20 to re-write the bullying definition and required policies and administrative procedures.

REQUIREMENTS:

• “Harassing or intimidating behavior” is added to the definition
• The definition would include
  • Any pattern of gestures
  • Written, electronic or verbal communication
  • Any physical act or threatening communication at or on any school venue
• Also included would be anything that creates a hostile environment by substantially interfering with or impairing
• • • Educational performance
    • Opportunities
    • Benefits
• It further includes acts motivated by any actual or perceived characteristic such as
  • Race
  • Color
  • Religion
  • Ancestry
  • National origin
  • Gender
  • Socioeconomic status
  • Academic status
  • Gender identity
  • Physical appearance
  • Sexual orientation
  • Mental, physical developmental or sensory disability
• It also defines “hostile environment” as what is viewed by the victim if a reasonable person would agree it is hostile.
• It would extend to any student or school employee as victim or as actor
• Any school employee, student or volunteer who is a witness would be required to report what was observed
• A board policy would be required with development involving parents and guardians, school employees, administrators, volunteers, students, law enforcement and community representatives and must include:
  • A statement prohibiting bullying behavior
  • A definition that includes definition in the law
  • A description of desired behavior
  • Consequences, with 6-12 students assigned to alternative school after the third offense
  • Reporting procedures, including anonymous reports, that includes appropriate personnel to receive a report
  • Disciplinary action could not occur based on anonymous report alone
  • Procedure for prompt investigations with responsible persons identified
  • Statement to prevent retaliation with consequences for same
  • Statement of dissemination of policy with note that it applies to all school functions
  • Process for discussing the policy with students
  • Strategy for protecting the victim from further acts of bullying
  • Consequences for false accusations
  • Notice in student code of conduct of the policy and in student and employee handbooks
• Training (if funding is available) must be provided to school employees and volunteers.
• The SDOE must develop a model policy by September 1, 2010 applicable to students K-12 and teacher preparation program standards, and they must provide training programs and technical assistance to systems to carry out requirements of the law.
• School officials could not use the law to punish expressive speech to avoid controversy that may arise from an unpopular viewpoint.
• The law would not prohibit civil or criminal remedies while school procedures are exhausted
• Systems would be immune to civil suits for money damages

Note:  Though admirable in its intention, this very strict definition of actions that can be very subjectively perceived as bullying and procedures to follow could consume the operation of a school to sort out actions that meet the definition and those that do not to the point of instructional interference.