2019 -- H 6110

========

LC002623

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Lima, Costantino, Ruggiero, Mendez, and Alzate

     Date Introduced: May 15, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-21-34 of the General Laws in Chapter 16-21 entitled "Health

and Safety of Pupils" is hereby amended to read as follows:

     16-21-34. Statewide bullying policy implemented.

     (a) The Rhode Island department of education shall prescribe by regulation a statewide

bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of

bullying at school. The statewide policy shall apply to all schools that are approved for the

purpose of § 16-9-1 and shall contain the following:

     (1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation of

school;

     (2) Clear requirements and procedures for students, staff, parents, guardians and others to

report bullying or retaliation;

     (3) A provision that reports of bullying or retaliation may be made anonymously;

provided, however, that no disciplinary action shall be taken against a student solely on the basis

of an anonymous report;

     (4) Clear procedures for promptly responding to and investigating reports of bullying or

retaliation;

     (5) The range of disciplinary actions that may be taken against a perpetrator for bullying

or retaliation; provided, however, that the disciplinary actions shall balance the need for

accountability with the need to teach appropriate behavior; and provided, further:

     (i) A parental engagement strategy; and

     (ii) A provision that states punishments for violations of the bullying policy shall be

determined by the school's appropriate authority; however, no student shall be suspended from

school unless it is deemed a necessary consequence of the violations;

     (6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's

needs for protection;

     (7) Strategies for protecting from bullying or retaliation a person who reports bullying,

provides information during an investigation of bullying or witnesses or has reliable information

about an act of bullying;

     (8) Procedures for promptly notifying the parents or guardians of a victim and a

perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the

action taken to prevent any further acts of bullying or retaliation; and provided, further, that the

procedures shall provide for immediate notification of the local law enforcement agency when

criminal charges may be pursued against the perpetrator;

     (9) A provision that a student who knowingly makes a false accusation of bullying or

retaliation shall be subject to disciplinary action;

     (10) A strategy for providing counseling or referral to appropriate services currently

being offered by schools or communities for perpetrators and victims and for appropriate family

members of said students. The plan shall afford all students the same protection regardless of

their status under the law;

     (11) A provision that requires a principal or designee to be responsible for the

implementation and oversight of the bullying policy;

     (12) Provisions for informing parents and guardians about the bullying policy of the

school district or school shall include, but not be limited to:

     (i) A link to the policy prominently posted on the home page of the school district's

website and distributed annually to parents and guardians of students;

     (ii) A provision for notification, within twenty-four (24) hours, of the incident report, to

the parents or guardians of the victim of bullying and parents or guardians of the alleged

perpetrator of the bullying;

     (13) A school employee, school volunteer, student, parent, legal guardian, or relative

caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official

designated in the school's policy is immune from a cause of action for damages arising from

reporting bullying;

     (14) This section does not prevent a victim from seeking redress under any other

LC002623 - Page 2 of 4

available law, either civil or criminal. This section does not create or alter any tort liability;

     (15) Students shall be prohibited from accessing social networking sites at school, except

for educational or instructional purposes and with the prior approval from school administration.

Nothing in this act shall prohibit students from using school department or school websites for

educational purposes. School districts and schools are encouraged to provide in-service training

on Internet safety for students, faculty and staff; and

     (16) All school districts, charter schools, career and technical schools, approved private

day or residential schools and collaborative schools shall be subject to the requirements of this

section. School districts and schools must adopt the statewide bullying policy promulgated

pursuant to this section by June 30, 2012.

     (b)(1) Any school district failing to comply with the provisions of subsection (a)(12)(i) of

this section on or before October 1, 2019, or who is not in compliance at any time thereafter, shall

be subject to an administrative penalty ("administrative penalty") in the form of a reduction in the

district's state share of the foundation education aid calculated pursuant to chapter 7.2 of title 16,

as follows:

     (i) Failure to be incompliance by November 1, 2019, shall result in an administrative

penalty of five hundred dollars ($500);

     (ii) Failure to be in compliance by December 1, 2019, shall result in an administrative

penalty of one thousand dollars ($1,000); and

     (iii) Failure to be in compliance by January l, 2020, or at any time thereafter, shall result

in an administrative penalty of one thousand five hundred dollars ($1,500).

     SECTION 2. This act shall take effect upon passage.

========

LC002623

========

LC002623 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

***

     This act would amend the statewide bullying policy by authorizing the imposition of

administrative penalties against a school district that fails to link the school district's bullying

policy on the homepage of the school district's website.

     This act would take effect upon passage.

========

LC002623

========

LC002623 - Page 4 of 4