Chapter
102
2008 -- S 2012 SUBSTITUTE B
Enacted 06/26/08
A N A C T
RELATING TO EDUCATION
-- HEALTH AND SAFETY OF PUPILS
Introduced By: Senators Tassoni, Felag, McBurney, and Doyle
Date Introduced: January
02, 2008
It is enacted
by the General Assembly as follows:
SECTION
1. Section 16-21-26 of the General Laws in Chapter 16-21 entitled "Health
and
Safety of Pupils" is hereby amended to read as follows:
16-21-26.
Student discipline codes. -- (a) As used in this section:
(1) "At school" means in a classroom, elsewhere on or immediately
adjacent to school
premises,
on a school bus or other school-related vehicle, at an official school bus
stop, or at any
school-sponsored
activity or event whether or not it is held on school premises.
(2) "Harassment, intimidation or bullying" means an intentional
written, electronic,
verbal
or physical act or threat of a physical act 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 student in reasonable fear of harm to
his or her
person,
or placing a student in reasonable fear of damage to his or her property; or
(ii) Is sufficiently severe, persistent or pervasive that it creates an
intimidating,
threatening
or abusive educational environment for a student.
(3)
"Electronic" communications shall include any verbal, textual or
graphic
communication
of any kind effected, created or transmitted by the use of any electronic
device,
including,
but not limited to, a computer, telephone, cellular telephone, text-messaging
device
and/or
personal data assistance device.
(b) The board of a school district of a public school shall adopt a policy
prohibiting
harassment,
intimidation, or bullying at school. The policy shall specifically prohibit
harassment,
intimidation
and bullying by students at school and address prevention of an education about
such
behavior.
The policy shall be adopted through a process that includes representation of
parents or
guardians,
school employees, volunteers, pupils, school administrators and community
representatives.
(c) Each school district shall adopt the policy under this section and transmit
a copy of
its
policy to the commissioner of elementary and secondary education and director
of the
department
of education by September 1, 2004.
(d) To assist school districts and public schools in developing policies for
the prevention
of
harassment, intimidation or bullying, the department of education shall develop
a model policy
applicable
to grades K-12. This model policy shall be issued no later than December 1,
2003.
(e) A school district shall ensure that notice of the school district's or
public school's
policy
under this section is included in any publication of the school district or
public school
policy
that sets forth the comprehensive rules, procedures and standards of conduct
for its schools
and in
its pupil handbook.
(f) A school employee, pupil or volunteer shall not, nor shall those
individuals solicit
others
with the intent to engage in reprisal, retaliation or false accusation against
a victim, witness
or one
with reliable information about an act of harassment, intimidation or bullying.
(g) A school employee, pupil or volunteer who has witnessed or has reliable
information
that a
pupil has been subjected to harassment, intimidation or bullying, whether
written, verbal or
physical,
is encouraged to report the incident to the appropriate school official
designated by the
school
district's or public school's policy.
(h) A school employee who promptly reports an incident of harassment,
intimidation or
bullying
to the appropriate school official designated by the school district's or
public school's
policy,
and who makes this report in compliance with the procedures in the policy
prohibiting
harassment,
intimidation or bullying is not liable for damages arising from any failure to
remedy
the
reported incident.
(i) Public schools and school districts are encouraged to form bullying
prevention task
forces,
programs and other initiatives involving school staff, pupils, administrators,
volunteers,
parents,
law enforcement and community members.
(j) Each school district or public school shall do all of the following:
(1) Provide training on the school district's or public school academy's harassment,
intimidation
or bullying policies to school employees and volunteers who have significant
contact
with
pupils.
(2) Develop a process for discussing the harassment, intimidation or bullying
policy with
pupils.
(k) A school district or public school academy shall incorporate information
regarding
the
school district or public or private school academy's policy against
harassment, intimidation
or
bullying into each school's employee training program.
(l) This section does not prevent a victim from seeking redress under any other
available
law,
either civil or criminal. This section does not create or alter any tort
liability.
SECTION
2. This act shall take effect upon passage.
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LC00033/SUB B
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