Additionally, the policy shall state that the school principal, or his or her designee, shall complete a written report regarding any incident of school bullying within two school days of receiving a report of such incident. The investigation of such incident shall be completed within 10 school days of the written report, and the results of the investigation shall be included in another written report, as provided in the act.

The policy shall also include a procedure for the response to any investigation that finds an act of bullying occurred. At a minimum, the policy shall require notification of the parents of the bullying student and, if the bullying meets the elements of harassment in the second degree under current law, the bullying shall be referred to law enforcement agencies or, if the student is under 11 years of age, to the Children's Division of the Department of Social Services.

School districts and charter schools shall provide training to staff who have contact with students including, but not limited to, training on the appropriate interventions staff may take and the associated liability for action or inaction, including, but not limited to, failure to report incidents of bullying.

The act provides that students who are committing acts of bullying, in addition to the victims of bullying, shall be instructed on techniques to overcome bullying's negative effects. Resources or referrals to other programs and initiatives that address bullying shall be made available not only to victims of bullying, but also to students who commit acts of bullying.

The administration of each school district and charter school shall report all acts of bullying, school violence, crimes, and the discipline of any student who commits such acts of bullying, violence, or crime to the school board of the school district or governing board of the charter school each month. The school board or governing board shall review such monthly report in a closed meeting and resolve any discrepancies in the report within 30 days of the review. The board, in conjunction with the school administration, shall attempt to address and resolve substantiated concerns relating to incidents listed on such report, as concerns are expressed during the monthly review.

An employee or volunteer of a school district or charter school may intervene in an incident involving an act of bullying, school violence, violent behavior, or crime committed against a student to protect such student. Such employee or volunteer shall be held harmless and immune from liability for any such intervention if the employee or volunteer acts in accordance with procedures adopted by the school district or charter school and if he or she intervenes in good faith and in a manner that he or she reasonably believes is afforded the defense of justification under current law.

A school district, charter school, or employee of a school district or charter school shall not be civilly liable for imposing disciplinary action against a bullying student if such disciplinary action is imposed in good faith. Attorney's fees and court costs shall be awarded to a school district or charter school that prevails in any such civil action brought against a school district or charter school.

Incidents of bullying, school violence, or crime may be considered child abuse under provisions of law relating to mandated reporters. If two or more employees who are required to report child abuse jointly have knowledge of a known or suspected instance of child abuse, a single report may be made by the school district's or charter school's designated member. Any individual who has knowledge that the individual designated to report has failed to do so shall thereafter immediately make the report. The provisions of the act shall not be construed to preclude any person from reporting child abuse. Any person who makes such a report shall be afforded the same protections provided under current law for reports of abuse.

Finally, the act provides that a charter school shall not expel or transfer a student to a school district solely due to reports of bullying made against such student.

This act is similar to a provision in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023) and to HB 1087 (2023).

OLIVIA SHANNON