SCS/HCS/HB 1049 – This act modifies the requirements for school anti-bullying policies. The definition of "bullying" is modified to include intimidation or harassment that substantially interferes with the educational performance, opportunities, or benefits of any student without exception, or that substantially disrupts the orderly operation of the school. Bullying is prohibited by school employees or students on school property, at school functions, or on school buses. Cyberbullying is defined in the act. School district policies must contain, at a minimum, the following components: a statement prohibiting bullying, including a definition of bullying, as defined in the act; a statement requiring district employees and encouraging district students to report an instance of bullying of which the employee or student has observed or been involved in; the district administration must notify the parents or guardians of any individual alleged in a report to be responsible for a bullying incident or the target of a bullying incident; a procedure for reporting an act of bullying, including anonymous reporting, as described in the act; a procedure for prompt investigations; how a school will respond to a confirmed incident of bullying; a statement prohibiting reprisal or retaliation against a person who reports an act of bullying; a statement of how the policy will be made public; and a process for discussing the policy with students and training employees and volunteers, as described in the act.
Any student alleging to be the target of an incident of bullying who has completed all procedures required by the district's reporting policy and who continues to be subjected to bullying must be informed by the district that he or she may seek other remedies. The information may include information to the parents or legal guardians of the possibility of civil action against the person responsible for the bullying. Also, the student and parents or legal guardians must be informed that they may request intervention by any other county, state, or federal agency or office that is empowered to act on behalf of the student.
The State Board of Education has authority to promulgate rules and regulations under this act.
No district can, unless otherwise required by federal law, adopt or maintain any discrimination policy, anti-harassment policy, discipline policy, or similar policy or guideline that does not treat students equally or that contains specific lists of protected classes of students who are to receive special treatment.
Any taxpayer of the state or any member of the General Assembly will have standing to bring suit against any school district that violates this section.
MICHAEL RUFF