2023 -- H 5499

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LC001369

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- ANTI-BULLYING BILL OF RIGHTS ACT

     Introduced By: Representatives O'Brien, Dawson, McEntee, Noret, Solomon, Baginski,
Costantino, Corvese, Bennett, and Edwards

     Date Introduced: February 10, 2023

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 112

ANTI-BULLYING BILL OF RIGHTS ACT

     16-112-1. Short title.

     This act shall be known and may be cited as the "Anti-bullying Bill of Rights Act".

     16-112-2. Findings and purpose.

     Bullying of a student creates a climate of fear and disrespect that can seriously impair the

student's health and negatively affect learning. Bullying undermines the safe learning environment

that students need to achieve their full potential. The purpose of this chapter is to ensure a consistent

and unified statewide approach to the prohibition of bullying at school.

     16-112-3. Instruction in suicide prevention for public school teaching staff.

     (a) The Rhode Island department of education, in consultation with Rhode Island Youth

Suicide Prevention Project shall, as part of the professional development requirement established

by the state board for public school teaching staff members, require each public school teaching

staff member to complete at least two (2) hours of instruction in suicide prevention, to be provided

by a licensed health care professional with training and experience in mental health issues, in each

professional development period.

     (b) The instruction in suicide prevention shall include information on the relationship

between the risk of suicide and the incidents of harassment, intimidation, bullying and information

on reducing the risk of suicide in students who are members of communities identified as having

members at high risk of suicide.

     16-112-4. Report card information.

     (a) Report cards issued pursuant to this chapter shall include data identifying the number

and nature of all reports of harassment, intimidation, or bullying.

     (b) The commissioner of education shall establish a uniform methodology for the reporting

of the data concerning administrative personnel on a full-time equivalent basis.

     16-112-5. Training program -- Requirements.

     Each newly elected or appointed school board member shall complete, during the first year

of the member's first term, a training program to be prepared and offered by the Rhode Island

department of education, in consultation with the Rhode Island Association of School

Superintendents, training on harassment, intimidation, and bullying in schools in consultation with

recognized experts in school bullying from a cross section of academia, child advocacy

organizations, nonprofit organizations, professional associations, and government agencies.

     16-112-6. Reporting of certain acts by school employees -- Report and public hearing.

     (a) Any school employee observing or having direct knowledge from a participant or victim

of an act of violence shall, in accordance with standards established by the commissioner, file a

report describing the incident to the school principal in a manner prescribed by the commissioner,

and a copy of same shall be forwarded to the district superintendent and principal.

     (b) The principal shall notify the superintendent of the action taken regarding the incident.

Two (2) times each school year, between September 1 and January 1 and between January 1 and

June 30, at a public hearing, the school principals shall report to the superintendents all acts of

violence, vandalism, and harassment, intimidation, or bullying which occurred during the previous

reporting period. The report shall include the number of reports of harassment, intimidation, or

bullying, the status of all investigations, the nature of the bullying, the names of the investigators,

the type and nature of any discipline imposed on any student engaged in harassment, intimidation,

or bullying, and any other measures imposed, training conducted, or programs implemented, to

reduce harassment, intimidation, or bullying.

     (c) The information shall also be reported once during each reporting period to the Rhode

Island department of education. The report must include data broken down by each school in the

district, in addition to district-wide data. It shall be a violation to improperly release any

confidential information not authorized by federal or state law for public release.

     (d) The report shall be used to grade each school for the purpose of assessing its effort to

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implement policies and programs consistent with the provisions of this chapter. The district shall

receive a grade by the department of education determined by averaging the grades of all the

schools in the district. The commissioner shall promulgate guidelines for a program to grade

schools for the purposes of this section.

     (e) The grade received by a school and the district shall be posted on the homepage of the

school’s website. The grade for the district and each school of the district shall be posted on the

homepage of the district’s website. A link to the report shall be available on the district’s website.

The information shall be posted on the websites within ten (10) days of the receipt of a grade by

the school and district.

     (f) Verification of the reports on violence, vandalism, and harassment, intimidation, or

bullying shall be part of the state's monitoring of the school district, and the board of education

shall adopt regulations that impose a penalty on a school employee who knowingly falsifies the

report.

     (g) The department of education shall provide ongoing staff training, in cooperation in

fulfilling the reporting requirements pursuant to this section. The representative of the school

employees shall have access monthly to the number and disposition of all reported acts of school

violence, vandalism, and harassment, intimidation, or bullying.

     16-112-7. Annual reports to legislature.

     The commissioner of education shall, on or before January 1 of each year, submit a report

to the general assembly detailing the extent of violence, vandalism, and harassment, intimidation,

or bullying in the public schools and making recommendations to alleviate the problem. The report

shall be made available annually to the public no later than June 1, and shall be posted on the

department’s website.

     16-112-8. School Leader -- Training as part of professional development.

     (a) As used in this section, "school leader" means a school district staff member who holds

a position that requires the possession of a school superintendent, principal, or supervisor

endorsement.

     (b) A school leader shall complete training on the prevention of harassment, intimidation,

and bullying. The training shall be offered through a collaborative training model as identified by

the commissioner of education, in consultation with the Rhode Island Association of School

Superintendents.

     16-112-9. Causes for suspension, expulsion of pupils.

     (a) Any pupil who is guilty of continued and willful disobedience, or of open defiance of

the authority of any teacher or person having authority over him or her, or of the habitual use of

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profanity or of obscene language, or who shall cut, deface or otherwise injure any school property,

shall be liable to punishment and to suspension or expulsion from school.

     (b) Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty

of such conduct shall include, but not be limited to, any of the following:

     (1) Continued and willful disobedience;

     (2) Open defiance of the authority of any teacher or person, having authority over him or

her;

     (3) Conduct of such character as to constitute a continuing danger to the physical well-

being of other pupils;

     (4) Physical assault upon another pupil;

     (5) Taking, or attempting to take, personal property or money from another pupil, or from

his or her presence, by means of force or fear;

     (6) Willfully causing, or attempting to cause, substantial damage to school property;

     (7) Participation in an unauthorized occupancy by any group of pupils or others of any part

of any school or other building owned by any school district, and failure to leave such school or

other facility promptly after having been directed to do so by the principal or other person then in

charge of such building or facility;

     (8) Incitement which is intended to and does result in unauthorized occupation by any

group of pupils or others of any part of a school or other facility owned by any school district;

     (9) Incitement which is intended to and does result in truancy by other pupils;

     (10) Knowing possession or knowing consumption without legal authority of alcoholic

beverages or controlled dangerous substances on school premises, or being under the influence of

intoxicating liquor or controlled dangerous substances while on school premises; and

     (11) Harassment, intimidation, or bullying.

     16-112-10. Harassment and bullying prevention policies -- Definitions.

     (a) "Electronic communication" means a communication transmitted by means of an

electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager;

     (b) "Harassment, intimidation or bullying" means any gesture, any written, verbal or

physical act, or any electronic communication, whether it be a single incident or a series of

incidents, that is reasonably perceived as being motivated either by any actual or perceived

characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation,

gender identity and expression, or a mental, physical or sensory disability, or by any other

distinguishing characteristic, that takes place on school property, at any school-sponsored function,

on a school bus, or off school grounds, that substantially disrupts or interferes with the orderly

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operation of the school or the rights of other students and that:

     (1) A reasonable person should know, under the circumstances, will have the effect of

physically or emotionally harming a student or damaging the student's property, or placing a student

in reasonable fear of physical or emotional harm to his or her person or damage to his or her

property;

     (2) Has the effect of insulting or demeaning any student or group of students; or

     (3) Creates a hostile educational environment for the student by interfering with a student’s

education or by severely or pervasively causing physical or emotional harm to the student.

     16-112-11. Harassment and bullying prevention policies.

     (a) Each school district shall adopt a policy prohibiting harassment, intimidation or

bullying on school property, at a school-sponsored function or on a school bus. The school district

shall adopt the policy through a process that includes representation of parents or guardians, school

employees, volunteers, students, administrators, and community representatives.

     (b) A school district shall have local control over the content of the policy, except that the

policy shall contain, at a minimum, the following components:

     (1) A statement prohibiting harassment, intimidation or bullying of a student;

     (2) A definition of harassment, intimidation or bullying;

     (3) A description of the type of behavior expected from each student;

     (4) Consequences and appropriate remedial action for a person who commits an act of

harassment, intimidation or bullying;

     (5) A procedure for reporting an act of harassment, intimidation or bullying, including a

provision that permits a person to report an act of harassment, intimidation or bullying

anonymously; however, this shall not be construed to permit formal disciplinary action solely on

the basis of an anonymous report;

     (i) All acts of harassment, intimidation, or bullying shall be reported verbally to the school

principal on the same day when the school employee or contracted service provider witnessed or

received reliable information regarding any such incident. The principal shall inform the parents or

guardians of all students involved in the alleged incident, and may discuss, as appropriate, the

availability of counseling and other intervention services. All acts of harassment, intimidation, or

bullying shall be reported in writing to the school principal within two (2) school days of when the

school employee or contracted service provider witnessed or received reliable information that a

student had been subject to harassment, intimidation, or bullying.

     (6) A procedure for prompt investigation of reports of violations and complaints, which

procedure shall at a minimum provide that:

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     (i) The investigation shall be initiated by the principal or the principal’s designee within

one school day of the report of the incident and shall be conducted by a school anti-bullying

specialist. The principal may appoint additional personnel who are not school anti-bullying

specialists to assist in the investigation. The investigation shall be completed as soon as possible,

but not later than ten (10) school days from the date of the written report of the incident of

harassment, intimidation, or bullying. In the event that there is information relative to the

investigation that is anticipated but not yet received by the end of the ten (10) day period, the school

anti-bullying specialist may amend the original report of the results of the investigation to reflect

the information;

     (ii) The results of the investigation shall be reported to the superintendent of schools within

two (2) school days of the completion of the investigation, and the superintendent may decide to

provide intervention services, establish training programs to reduce harassment, intimidation, or

bullying and enhance school climate, impose discipline, order counseling as a result of the findings

of the investigation, or take or recommend other appropriate action;

     (iii) The results of each investigation shall be reported to the board of education no later

than the date of the board of education meeting next following the completion of the investigation,

along with information on any services provided, training established, discipline imposed, or other

action taken or recommended by the superintendent;

     (iv) Parents or guardians of the students who are parties to the investigation shall be entitled

to receive information about the investigation, in accordance with federal and state law and

regulation, including the nature of the investigation, whether the district found evidence of

harassment, intimidation, or bullying, or whether discipline was imposed or services provided to

address the incident of harassment, intimidation, or bullying. This information shall be provided in

writing within five (5) school days after the results of the investigation are reported to the board. A

parent or guardian may request a hearing before the board after receiving the information, and the

hearing shall be held within ten (10) days of the request. The board shall meet in executive session

for the hearing to protect the confidentiality of the students. At the hearing the board may hear from

the school anti-bullying specialist about the incident, recommendations for discipline or services,

and any programs instituted to reduce such incidents;

     (v) At the next board of education meeting following its receipt of the report, the board

shall issue a decision, in writing, to affirm, reject, or modify the superintendent’s decision. The

board’s decision may be appealed to the commissioner of education, in accordance with the

procedures set forth in law and regulation, no later than ninety (90) days after the issuance of the

board’s decision; and

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     (7) The range of ways in which a school will respond once an incident of harassment,

intimidation or bullying is identified, which shall be defined by the principal in conjunction with

the school anti-bullying specialist, but shall include an appropriate combination of counseling,

support services, intervention services, and other programs, as defined by the commissioner;

     (8) A statement that prohibits reprisal or retaliation against any person who reports an act

of harassment, intimidation or bullying and the consequence and appropriate remedial action for a

person who engages in reprisal or retaliation;

     (9) Consequences and appropriate remedial action for a person found to have falsely

accused another as a means of retaliation or as a means of harassment, intimidation or bullying;

     (10) A statement of how the policy is to be publicized, including notice that the policy

applies to participation in school-sponsored functions;

     (11) A requirement that a link to the policy be prominently posted on the home page of the

school district's website and distributed annually to parents and guardians who have children

enrolled in a school in the school district; and

     (12) A requirement that the name, school phone number, school address and school email

address of the district anti-bullying coordinator be listed on the home page of the school district’s

website and that on the home page of each school’s website the name, school phone number, school

address and school email address of the school anti-bullying specialist and the district anti-bullying

coordinator be listed. The information concerning the district anti-bullying coordinator and the

school anti-bullying specialists shall also be maintained on the department’s website.

     (c) A school district shall adopt a policy and transmit a copy of its policy to each school

district superintendent. A school district shall annually conduct a re-evaluation, reassessment, and

review of its policy, making any necessary revisions and additions. The board shall include input

from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review.

The district shall transmit a copy of the revised policy to the department of education within thirty

(30) school days of the revision.

     (d) To assist school districts in developing policies for the prevention of harassment,

intimidation, or bullying, the commissioner of education shall develop a model policy applicable

to grades kindergarten through twelve (K-12). This model policy shall be issued no later than

January 1, 2024.

     (e) The commissioner shall adopt amendments to the model policy no later than ninety (90)

days after the effective date of that act and shall subsequently update the model policy as the

commissioner deems necessary.

     (f) Notice of the school district's policy shall appear in any publication of the school district

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that sets forth the comprehensive rules, procedures and standards of conduct for schools within the

school district, and in any student handbook.

     (g) Nothing in this section shall prohibit a school district from adopting a policy that

includes components that are more stringent than the components set forth in this section.

     16-112-12. Reprisal, retaliation, false accusation prohibited.

     (a) A member of a board of education, school employee, student or volunteer shall not

engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable

information about an act of harassment, intimidation or bullying.

     (b) A member of a board of education, school employee, contracted service provider,

student or volunteer who has witnessed, or has reliable information that a student has been subject

to, harassment, intimidation or bullying shall report the incident to the appropriate school official

designated by the school district's policy, or to any school administrator or safe schools resource

officer, who shall immediately initiate the school district’s procedures concerning school bullying.

     (c) A member of a board of education or a school employee who promptly reports an

incident of harassment, intimidation or bullying, to the appropriate school official designated by

the school district's policy, or to any school administrator or safe schools resource officer, and who

makes this report in compliance with the procedures in the district's policy, is immune from a cause

of action for damages arising from any failure to remedy the reported incident.

     (d) A school administrator who receives a report of harassment, intimidation, or bullying

from a district employee, and fails to initiate or conduct an investigation, or who should have known

of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize

or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action.

     16-112-13. Establishment of bullying prevention programs or approaches.

     (a) Schools and school districts shall annually establish, implement, document, and assess

bullying prevention programs or approaches, and other initiatives involving school staff, students,

administrators, volunteers, parents, law enforcement and community members. The programs or

approaches shall be designed to create school-wide conditions to prevent and address harassment,

intimidation, and bullying.

     (b) A school district may apply to the department of education for a grant to be used for

programs or approaches established pursuant to this subsection, to the extent funds are appropriated

for these purposes or funds are made available.

     (c) A school district shall:

     (1) Provide training on the school district's harassment, intimidation, or bullying policies

to school employees and volunteers who have significant contact with students;

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     (2) Ensure that the training includes instruction on preventing bullying on the basis of

protected categories and other distinguishing characteristics that may incite incidents of

discrimination, harassment, intimidation, or bullying; and

     (3) Develop a process for discussing the district's harassment, intimidation or bullying

policy with students.

     (d) Information regarding the school district policy against harassment, intimidation or

bullying shall be incorporated into a school's employee training program and shall be provided to

full-time and part-time staff, volunteers who have significant contact with students, and those

persons contracted by the district to provide services to students.

     16-112-14. Training course for safe schools resource officers, liaisons to law

enforcement.

     (a) The department of education, in collaboration with the attorney general and state police,

shall develop a training course for safe schools resource officers and public school employees

assigned by a board of education to serve as a school liaison to law enforcement. The department

of education, in collaboration with the attorney general and state police, shall ensure that the

training course is developed within one hundred eighty (180) days of the effective date of this act.

The course shall at a minimum provide comprehensive and consistent training in current school

resource officer practices and concepts. The course shall include training in the protection of

students from harassment, intimidation, and bullying, including incidents which occur through

electronic communication. The course shall be made available to:

     (1) Any law enforcement officer or public school employee referred by the board of

education of the public school to which assignment as a safe schools resource officer or school

liaison to law enforcement is sought; and

     (2) Any safe schools resource officer or school liaison to law enforcement assigned to a

public school.

     (b) The training course developed by the commission pursuant to subsection (a) of this

section shall be offered at each school approved by the department of education to provide police

training courses. The department of education, in consultation with the attorney general and state

police shall ensure that an individual assigned to instruct the course is proficient and experienced

in current school resource officer practices and concepts.

     (c) The department of education shall award a certificate to each individual who

successfully completes the course.

     16-112-15. Policy to include certain incidents occurring off school grounds.

     The policy adopted by each school district shall include provisions for appropriate

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responses to harassment, intimidation, or bullying that occurs off school grounds, in cases in which

a school employee is made aware of such actions. The responses to harassment, intimidation, or

bullying that occurs off school grounds shall be consistent with the department of education’s code

of student conduct and other provisions of the board’s policy on harassment, intimidation, or

bullying.

     16-112-16. Appointment of school anti-bullying specialists, coordinator.

     (a) The principal in each school in a school district shall appoint a school anti-bullying

specialist. When a school guidance counselor, school psychologist, or another individual similarly

trained is currently employed in the school, the principal shall appoint that individual to be the

school anti-bullying specialist. If no individual meeting this criteria is currently employed in the

school, the principal shall appoint a school anti-bullying specialist from currently employed school

personnel. The school anti-bullying specialist shall:

     (1) Create and chair the school safety team;

     (2) Lead the investigation of incidents of harassment, intimidation, and bullying in the

school; and

     (3) Act as the primary school official responsible for preventing, identifying, and

addressing incidents of harassment, intimidation, and bullying in the school.

     (b) The superintendent of schools shall appoint a district anti-bullying coordinator. The

superintendent shall make every effort to appoint an employee of the school district to this position.

The district anti-bullying coordinator shall:

     (1) Be responsible for coordinating and strengthening the school district’s policies to

prevent, identify, and address harassment, intimidation, and bullying of students;

     (2) Collaborate with school anti-bullying specialists in the district, the board of education,

and the superintendent of schools to prevent, identify, and respond to harassment, intimidation, and

bullying of students in the district;

     (3) Provide data, in collaboration with the superintendent of schools, to the department of

education regarding harassment, intimidation, and bullying of students; and

     (4) Execute such other duties related to school harassment, intimidation, and bullying as

requested by the superintendent of schools.

     (c) The district anti-bullying coordinator shall meet at least twice a school year with the

school anti-bullying specialists in the district to discuss and strengthen procedures and policies to

prevent, identify, and address harassment, intimidation, and bullying in the district.

     16-112-17. School safety teams.

     (a) A school district shall form a school safety team in each school in the district to develop,

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foster, and maintain a positive school climate by focusing on the on-going, systemic process and

practices in the school and to address school climate issues such as harassment, intimidation, or

bullying. A school safety team shall meet at least two (2) times per school year.

     (b) A school safety team shall consist of the principal or his designee who, if possible, shall

be a senior administrator in the school and the following appointees of the principal: a teacher in

the school; a school anti-bullying specialist; a parent of a student in the school; and other members

to be determined by the principal. The school anti-bullying specialist shall serve as the chair of the

school safety team.

     (c) The school safety team shall:

     (1) Receive any complaints of harassment, intimidation, or bullying of students that have

been reported to the principal;

     (2) Receive copies of any report prepared after an investigation of an incident of

harassment, intimidation, or bullying;

     (3) Identify and address patterns of harassment, intimidation, or bullying of students in the

school;

     (4) Review and strengthen school climate and the policies of the school in order to prevent

and address harassment, intimidation, or bullying of students;

     (5) Educate the community, including students, teachers, administrative staff, and parents,

to prevent and address harassment, intimidation, or bullying of students;

     (6) Participate in the training which the principal or the district anti-bullying coordinator

may request;

     (7) Collaborate with the district anti-bullying coordinator in the collection of district-wide

data and in the development of district policies to prevent and address harassment, intimidation, or

bullying of students; and

     (8) Execute such other duties related to harassment, intimidation, and bullying as requested

by the principal or district anti-bullying coordinator.

     (d) The members of a school safety team shall be provided professional development

opportunities that address effective practices of successful school climate programs or approaches.

     (e) Notwithstanding any provision of this section to the contrary, a parent who is a member

of the school safety team shall not participate in the activities of the team set forth in subsection

(c)(1), (c)(2), or (c)(3) of this section or any other activities of the team which may compromise

the confidentiality of a student.

     16-112-18. Program required for teaching certification.

     (a) Beginning with the 2023-2024 school year, all new candidates for teaching certification

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who have completed a teacher preparation program at a regionally-accredited institution of higher

education shall have satisfactorily completed a program on harassment, intimidation, and bullying

prevention.

     (b) Beginning with the 2023-2024 school year, any person seeking certification through

the alternate route shall, within one year of being employed, satisfactorily complete a program on

harassment, intimidation, and bullying prevention approved by the department of education.

     (c) The department of education shall establish the appropriate requirements of the program

on harassment, intimidation, and bullying prevention.

     (d) The department of education shall, as part of the professional development requirement

established by the state board for public school teachers, require each public school teacher to

complete at least two (2) hours of instruction on harassment, intimidation, or bullying prevention

in each professional development period.

     16-112-19. Program required for administrative and supervisory certification.

     Beginning with the 2023-2024 school year, all candidates for administrative and

supervisory certification shall have satisfactorily completed a program on harassment, intimidation,

and bullying prevention.

     16-112-20. Development of guidance document.

     (a) The department of education, in consultation with the attorney general and state police,

shall develop a guidance document for use by parents or guardians, students, and school districts

to assist in resolving complaints concerning student harassment, intimidation, or bullying behaviors

by school districts. The document shall include:

     (1) A school district’s obligations to prevent bullying;

     (2) Best practices for the prevention, intervention, and remediation of harassment,

intimidation, or bullying in schools, including methods to identify and assist student populations at

high risk for harassment, intimidation, or bullying;

     (3) A clear explanation of the procedures for petitioning the commissioner of education; or

designee, to hear and decide disputes; and

     (4) A clear explanation of the process for appealing final agency determinations to the

superior court.

     (b) The guidance document shall be available on the department of education, attorney

general and state police website and on every school district’s website site at an easily accessible

location.

     16-112-21. Establishment of formal protocol for investigating a complaint.

     (a) The commissioner of education shall establish a formal protocol pursuant to which the

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department of education shall investigate a complaint that documents an allegation of bullying by

a school district located within the district, when the complaint has not been adequately addressed

on the local level. The department of education shall report its findings, and if appropriate, issue an

order for the school district to develop and implement corrective actions that are specific to the

facts of the case.

     (b) The commissioner shall ensure that the personnel of the office of the superintendent of

schools who are responsible for conducting the investigations receive training and technical support

on the use of the complaint investigation protocol.

     16-112-22. In-service workshops, training programs.

     (a) The commissioner of education, in consultation with the attorney general, state police

and recognized experts in school bullying from a cross section of academia, child advocacy

organizations, nonprofit organizations, professional associations, and government agencies, shall

establish in-service workshops and training programs to train selected public school employees to

act as district anti-bullying coordinators and school anti-bullying specialists. The commissioner

shall seek to make the workshops and training programs available and administered online through

the department’s website or other existing online resources. The commissioner shall evaluate the

effectiveness of the consulting group on an annual basis. The in-service training programs may

utilize the offices of the superintendent of schools, or such other institutions, agencies, or persons

as the commissioner deems appropriate. The board of education shall provide time for the in-service

training during the usual school schedule in order to ensure that appropriate personnel are prepared

to act in the district as district anti-bullying coordinators and school anti-bullying specialists.

     (b) Upon completion of the initial in-service training program, the commissioner shall

ensure that programs and workshops that reflect the most current information on harassment,

intimidation, and bullying in schools are prepared and made available to district anti-bullying

coordinators and school anti-bullying specialists at regular intervals.

     16-112-23. Development of online tutorial, test.

     The commissioner of education shall develop and make available on the department of

education’s website, an online tutorial on harassment, intimidation, and bullying. The online

tutorial shall, at a minimum, include best practices in the prevention of harassment, intimidation,

and bullying, applicable laws, and such other information that the commissioner determines to be

appropriate. The online tutorial shall be accompanied by a test to assess a person’s understanding

of the information provided in the tutorial.

     16-112-24. Bullying prevention fund.

     (a) There is created a special fund in the department of education, which shall be designated

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the "bullying prevention fund." The fund shall be maintained in a separate account and administered

by the commissioner to carry out the provisions of this chapter. The fund shall consist of:

     (1) Any monies appropriated by the state for the purposes of the fund;

     (2) Any monies donated for the purposes of the fund; and

     (3) All interest and investment earnings received on monies in the fund.

     (b) The fund shall be used to offer grants to school districts to provide training on

harassment, intimidation, and bullying prevention and on the effective creation of positive school

climates.

     16-112-25. Week of respect.

     The week beginning with the first Monday in October of each year is designated as a “Week

of Respect” in Rhode Island. School districts, in order to recognize the importance of character

education, shall observe the week by providing age-appropriate instruction focusing on preventing

harassment, intimidation, or bullying. Throughout the school year the school district shall provide

ongoing age-appropriate instruction on preventing harassment, intimidation, and bullying in

accordance with the core curriculum content standards.

     16-112-26. Adopting of policy by public institutions of higher education.

     (a) A public institution of higher education shall adopt a policy to be included in its student

code of conduct prohibiting harassment, intimidation, or bullying. The policy shall contain, at a

minimum:

     (1) A statement prohibiting harassment, intimidation, or bullying;

     (2) Disciplinary actions which may result if a student commits an act of harassment,

intimidation, or bullying; and

     (3) A definition of harassment, intimidation, or bullying that at a minimum includes any

gesture, any written, verbal or physical act, or any electronic communication, whether it be a single

incident or a series of incidents, that is reasonably perceived as being motivated either by any actual

or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual

orientation, gender identity and expression, or a mental, physical or sensory disability, or by any

other distinguishing characteristic, that takes place on the property of the institution of higher

education or at any function sponsored by the institution of higher education, that substantially

disrupts or interferes with the orderly operation of the institution or the rights of other students and

that:

     (i) A reasonable person should know, under the circumstances, will have the effect of

physically or emotionally harming a student or damaging the student's property, or placing a student

in reasonable fear of physical or emotional harm to his or her person or damage to his or her

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property;

     (ii) Has the effect of insulting or demeaning any student or group of students; or

     (iii) Creates a hostile educational environment for the student by interfering with a

student’s education or by severely or pervasively causing physical or emotional harm to the student.

     (b) The institution shall distribute the policy by email to each student within seven (7) days

of the start of each semester and shall post the policy on its website.

     16-112-27. Compliance by nonpublic schools encouraged.

     (a) Nonpublic schools are encouraged to comply with the provisions of this chapter.

     (b) In the case of a faith-based nonpublic school, no provision in this chapter shall be

interpreted to prohibit or abridge the legitimate statement, expression or free exercise of the beliefs

or tenets of that faith by the religious organization operating the school or by the school’s faculty,

staff, or student body.

     16-112-28. Inapplicability to certain situations.

     Nothing contained in this chapter shall alter or reduce the rights of a student with a

disability with regard to disciplinary actions or to general or special educational services and

supports.

     16-112-29. Construction.

     Nothing contained in this chapter shall be construed as affecting the provisions of any

collective bargaining agreement or individual contract of employment in effect on the effective

date of this chapter.

     16-112-29. Severability.

     If any provision of this chapter shall be declared unconstitutional or invalid, the

unconstitutionality or invalidity shall in no way affect the validity of any other portion thereof

which can be given reasonable effect without the part so declared unconstitutional or invalid.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- ANTI-BULLYING BILL OF RIGHTS ACT

***

     This act would create the anti-bullying bill of rights act which would strengthen protection

for students in schools who are victims of bullying. It would require more enhanced teacher and

administrator training to better understand and combat the effects of bullying. It would provide for

collaboration between the department of education, attorney general and state police to establish

strict policies and procedures on how to handle a reported situation of bullying.

     This act would take effect upon passage.

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