The below document is a proposed anti-bullying statue that states can use to as a guideline for anti-bullying legislation. It was provided by The Bully Project.
ANTI-DEFAMATION LEAGUE
MODEL K-12 BULLYING PREVENTION STATUTE
(A) Prohibited Activities:
(1) Harassment, Intimidation, Bullying and Cyberbullying, prohibited:
(a) No student shall be subjected to harassment, intimidation, bullying, or
cyberbullying in any public educational institution,
(i) During any education program or activity; or
(ii) While in school, on school equipment or property, in school vehicles,
on school buses, at designated school bus stops, at school-sponsored
activities, at school-sanctioned events; or
(iii) Through the use of data, telephone or computer software that is
accessed through a computer, computer system, or computer network of
any public educational institution.
(b) As used in this Act, Kharassment, intimidation, bullying or cyberbullyingL
means any written, verbal or physical act, or any electronic communication
including, but not limited to, one shown to be motivated by a studentMs
actual or perceived race, color, religion, national origin, ancestry or ethnicity,
sexual orientation, physical, mental, emotional, or learning disability, gender,
gender identity and expression, or other distinguishing personal
characteristic, or based on association with any person identified above,
when the written, verbal or physical act or electronic communication is
intended to:
(i) Physically harm a student or damages the student's property; or
(ii) Substantially interfere with a studentMs educational opportunities; or
11(iii) Be so severe, persistent, or pervasive that it creates an intimidating
or threatening educational environment; or
(iv) Substantially disrupt the orderly operation of the school.
(c) As used in this Section, Kelectronic communicationL means any (3) The policy shall contain, at a minimum, the following components: 7 9 (v) A procedure for prompt investigation of reports of violations and 10 14(iii) A strategy for providing counseling or referral to appropriate services, 11 Here's a link to the PDF File.
communication through an electronic device including but not limited to a
telephone, cellular phone, computer or pager,which communication
includes but is not limited to E-Mail, instant messaging, text messages,
blogs, mobile phones, pagers, online games, and Web sites.
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(B) School Board Requirements and Responsibilities
(1) Each school district shall adopt a policy prohibiting harassment, intimidation,
bullying and cyberbullying, which includes the definition in this Act.
(2) The school district shall involve students, parents, administrators, school staff,
school volunteers, community representatives, and local law enforcement agencies
in the process of adopting the policy. The school district policy must be
implemented in a manner that is ongoing throughout the school year and
integrated with a school's curriculum, a school's discipline policies, and other
violence prevention efforts.
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(a) Notice
(i) A statement prohibiting harassment, intimidation, bullying or
cyberbullying of a student, as defined above;
(ii)A statement prohibiting retaliation or false accusation against a target,
witness or one with reliable information about an act of bullying,
harassment and intimidation;
(iii) A requirement that all students are protected regardless of their status
under the law;
Source:(A)(1)(a) adapted from FS 1006.147; A.C.A. § 6-18-514; AZ.R.S. Ann. § 15-341
(A)(1)(b) adapted from WA St. 28A.300.285 ; NJ 18A 37-14 ; Iowa Code Ann. § 280.28
(A)(1)(c) adapted from MD. Ann. Ed § 7-424
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Source: (B)(2) FS 1006.147
12(iv) A statement of how the policy is to be publicized, including
requirements that: annual written notice of the policy is provided to
parents, guardians, staff, volunteers, and students, with age appropriate
language for students; the policy is posted throughout all schools in the
district, including but not limited to cafeterias, school bulletin boards,
administration offices, and the school districtMs Web site; and the policy is
included in all student and employee handbooks;
(v) A procedure for providing immediate notification to the parents or
guardian of a victim of, harassment, intimidation, bullying or
cyberbullying and the parents or guardian of the perpetrator of the
harassment, intimidation, bullying or cyberbullying;
(vi) The identification by job title of school officials responsible for ensuring
that the policy is implemented.
(vii) A statement that this policy will apply to an electronic communication
whether or not this conduct originated on school property or with school
equipment so long as:
(1) a reasonable person should know, under the circumstances, that the
act will have the effect of harming a student or damaging the
studentMs property, or placing a student in reasonable fear of harm
to his or her person or damage to his or her property; and has the
effect of insulting or demeaning any student or group of students in
such a way as to cause substantial disruption in, or substantial
interference with, the orderly operation of the school; or
(2) the act is directed specifically at students and intended for the
purpose of disrupting school, and has a high likelihood of
succeeding in that purpose.
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Source: (B)(3)(a)(i) ORS §339.356(2)(a)-(b)
(B)(3)(a)(ii) Alaska Stat. § 14.33.200-250
(B)(3)(a)(iii) Utah Code 53A-11a
(B)(3)(a)(vi) adapted from A.C.A. § 6-18-514; FLS § 1006.147
(B)(3)(a)(v) FLS § 1006.147
(B)(3)(a)(vi) ORS §339.362
(B)(3)(a)(viii) adapted from A.C.A. § 6-18-514(b)(2) and NJ St 18A:37-14(2)
13(b) Reporting and Investigations
(i) A procedure for reporting an act of harassment, intimidation, bullying or
cyberbullying, including a provision that permits a person to report such act
anonymously. No formal disciplinary action shall be taken solely on the
basis of an anonymous report;
(ii) A requirement that any school employee that has reliable information
that would lead a reasonable person to suspect that a person is a target of
harassment, intimidation, bullying or cyberbullying shall immediately report
it to the principal or the principalMs designee;
(iii) A procedure for each school to document any prohibited incident that
is reported and a procedure to report all incidents of, harassment,
intimidation, bullying or cyberbullying and the resulting consequences,
including discipline and referrals, to the Board of Education on a semiannual basis;
(iv) A procedure for reporting to law enforcement all acts of harassment,
intimidation, bullying or cyberbullying which may constitute criminal
activity.
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complaints, identifying either the principal or the principal's designee as the
person responsible for the investigation;
(c) Remedies and Victim Assistance
(i) Consequences and appropriate remedial action for a person who
commits an act of harassment, intimidation, bullying or cyberbullying;
(ii) Consequences and appropriate remedial action for a student found to
have falsely accused another as a means of retaliation, reprisal, or as a means
of harassment, intimidation, bullying or cyberbullying;
Source: (B)(3)(b)(i) NJ St 18A:37-15(b)(5)
(B)(3)(b)(ii) A.C.A. § 6-18-514(b)(4)
(B)(3 (b)(iii) WV ST 18-2C-3(b)(6); Kentucky Acts Chap. 125
(B)(3)(b)(iv) Utah Code 53A-11a
including guidance, academic intervention, and protection to students, both
targets and perpetrators, and appropriate family members, affected by
harassment, intimidation, bullying or cyberbullying, as necessary;
(iv) A statement encouraging public schools and school districts to form
bullying prevention task forces, programs, and other initiatives involving
school staffs, pupils, administrators, volunteers, parents, law enforcement,
community members, and other stakeholders.
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(4) Training and Assessment
Each School District shall provide the following educational programs in its
efforts to prevent harassment, intimidation, bullying or cyberbullying:
(a) Annual training for administrators, school employees and volunteers who
have significant contact with students in preventing, identifying, responding to,
and reporting incidents of, harassment, intimidation, bullying or cyberbullying;
and
(b) An educational program for students and parents in preventing, identifying,
responding to, and reporting incidents of, harassment, intimidation, bullying or
cyberbullying.
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(C) State Board of Education Requirements and Responsibilities
The State Board of Education shall:
(1) Develop a model policy and training materials on the components that should
be included in any district policy;
(2) Periodically review school district programs, activities, and services to
determine whether the school boards are complying with this statute;
Source: (B)(3)(c)(i) NJ St 18A:37-15(b)(4)
(B)(3)(c)(ii) NJ St 18A:37-15(b)(9)
(B)(3)(c)(iii) adapted from FLS § 1006.147
(B)(3)(c)(iv) R.I. Gen. Laws § 16-21-26
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Source: (B)(4)(a) adapted from NJ ST 18A:37-17(b)-(c) and FLS § 1006.147
(B)(4)(b) adapted from MD. Ann. Ed § 7-424
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If you or someone you know is a victim of bullying, please call me at 803-462-9425 and I will personally help you.
Don't wait before it's too late. We have already lost too many children to bullying the past few years!
Sensei Chris Feldt
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