Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "B.P. Act".
SECTION 2. Section 59-63-120 of the 1976 Code is amended to read:
"Section 59-63-120.
As used in this article:
(1) 'Harassment,
intimidation, or bullying' means a gesture, an electronic
communication, or a written, verbal, physical, or sexual act
that is reasonably perceived to have the effect of:
(a)
harming a student physically or emotionally or damaging a
student's property, or placing a student in reasonable fear of
personal harm or property damage; or
(b)
substantially interfering with a student's educational
performance, opportunities, or benefits;
(c)
substantially disrupting or interfering with the
orderly operation of the school;
(d)
creating a hostile or intimidating environment
in the school, on school property, on a school bus, or other
activity vehicle, or at a school-sponsored event;
(e)
insulting or demeaning a student or group of
students causing substantial disruption in, or substantial
interference with, the orderly operation of the school;
or
(f)
being sufficiently severe,
persistent, or pervasive enough to create an intimidating,
threatening, or abusive educational environment.
(2) 'School' means in a
classroom, on school premises, on a school bus or other
school-related vehicle, at an official school bus stop, at a
school-sponsored activity or event whether or not it is held on
school premises, or at another program or function where the
school is responsible for the child."
SECTION 3. Section 59-63-140(B) of the 1976 Code, as added by Act 353 of 2006, is amended to read:
"(B) The policy
must include, but not be limited to, the following
components:
(1)
a statement prohibiting harassment, intimidation, or
bullying of a student;
(2)
a definition of harassment, intimidation, or bullying no
less inclusive than the definition in Section 59-63-120;
(3)
a description of appropriate student behavior;
(4)
consequences and appropriate remedial actions for persons
committing acts of harassment, intimidation, or bullying, and
for persons engaging in reprisal or retaliation;
(5)
procedures for reporting acts of harassment, intimidation,
or bullying, to include a provision for reporting anonymously.
However, formal disciplinary action must not be taken solely on
the basis of an anonymous report. The procedures must identify
the appropriate school personnel responsible for taking the
report and investigating the complaint;
(6)
procedures for prompt investigation of reports of
serious violations and complaints;
(7) a statement that
prohibits reprisal or retaliation against a person who reports
an act of harassment, intimidation, or bullying;
(87)
consequences and appropriate remedial action for persons
found to have falsely accused another;
(98) a process
for discussing the district's harassment, intimidation, or
bullying policy with students; and
(109) a
statement of how the policy is to be publicized, including
notice that the policy applies to participation in
school-sponsored functions;
(10)
procedures for responding to reports of
harassment, intimidation, or bullying, which must:
(a)
identify school and district personnel charged
with addressing complaints and include written procedures
for:
(i)
proper documentation of allegations at the
school and district level;
(ii)
timelines for response to allegations;
(iii)
procedures for informing parents or
guardians of the student alleged to have bullied; provided this
communication must include information on the steps being taken
to prevent further incidents, disciplinary action, and any
additional recommendations for outside counseling; and
(iv)
procedures for informing parents or guardians of
the student alleged to have been bullied; provided this
communication must include steps being taken to prevent further
incidents and procedures for ensuring the student can safely
report any further incidents.
(b)
A school district shall adopt a policy for
additional procedures that may include referrals for out of
school mediation or counseling and a process for making such
referrals to ensure that the parent or guardian has received the
information.
(c)
A school district shall include in an adopted
policy disciplinary actions which may include, but are not
limited to, imposing a series of graduated consequences that
include alternative discipline. In determining the appropriate
response to students who engage in bullying behavior, school
administrators should consider the type of behaviors, the
frequency and any pattern of behaviors, and other relevant
circumstances. Alternative discipline includes, but is not
limited to:
(i)
meeting with the student
and the student's parent or guardian;
(ii)
reflective activities, such
as requiring the student to write an essay about the student's
misbehavior;
(iii)
mediation, but only
when there is mutual conflict between peers, rather than one-way
negative behavior, and both parties voluntarily choose this
option; and
(iv)
in-school detention or
suspension, which may take place during lunchtime, after school
or on weekends; and
(d)
In an effort to remediate any substantiated
incident of bullying, counter the negative impact of the
bullying, and reduce the risk of future bullying incidents, a
district may adopt a policy for referrals for outside services
that may benefit the victim, perpetrator, or other involved
person. Referrals must include, but are not limited to:
(i)
counseling;
(ii)
anger management;
(iii)
health counseling or intervention;
(iv)
mental health counseling;
(v)
participation in skills building and resolution
activities, such as social-emotional cognitive skills building,
resolution circles, and restorative conferencing; and
(vi)
community service; and
(11)
procedures for appealing a decision of a school
principal or a superintendent's designee related to taking or
not taking remedial action in accordance with this policy, which
must include providing notice to parents, guardians, and
students of the right to appeal. The appeals procedure must be
consistent with other appeals procedures established by the
school board and may include an appeal to the
superintendent."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.