2020 -- H 7071 | |
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LC003218 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS | |
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Introduced By: Representatives Ruggiero, Amore, O'Brien, Serpa, and McNamara | |
Date Introduced: January 10, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-21-34 of the General Laws in Chapter 16-21 entitled "Health |
2 | and Safety of Pupils" is hereby amended to read as follows: |
3 | 16-21-34. Statewide bullying policy implemented. |
4 | (a) The Rhode Island department of elementary and secondary education (the |
5 | "department") shall prescribe by regulation a statewide bullying policy, ensuring a consistent and |
6 | unified, statewide approach to the prohibition of bullying at school. The statewide policy shall |
7 | apply to all schools that are approved for the purpose of ยง 16-9-1 (the "schools") and shall contain |
8 | the following: |
9 | (1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation of |
10 | school; |
11 | (2) Clear requirements and procedures for students, staff, parents, guardians and others to |
12 | report bullying or retaliation; |
13 | (3) A provision that reports of bullying or retaliation may be made anonymously; |
14 | provided, however, that no disciplinary action shall be taken against a student solely on the basis |
15 | of an anonymous report; |
16 | (4) Clear procedures for promptly responding to and investigating reports of bullying or |
17 | retaliation; |
18 | (5) The range of disciplinary actions that may be taken against a perpetrator for bullying |
19 | or retaliation; provided, however, that the disciplinary actions shall balance the need for |
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1 | accountability with the need to teach appropriate behavior; and provided, further: |
2 | (i) A parental engagement strategy; and |
3 | (ii) A provision that states punishments for violations of the bullying policy shall be |
4 | determined by the school's appropriate authority; however, no student shall be suspended from |
5 | school unless it is deemed a necessary consequence of the violations; |
6 | (6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's |
7 | needs for protection; |
8 | (7) Strategies for protecting from bullying or retaliation a person who reports bullying, |
9 | provides information during an investigation of bullying or witnesses or has reliable information |
10 | about an act of bullying; |
11 | (8) Procedures for promptly notifying the parents or guardians of a victim and a |
12 | perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the |
13 | action taken to prevent any further acts of bullying or retaliation; and provided, further, that the |
14 | procedures shall provide for immediate notification of the local law enforcement agency when |
15 | criminal charges may be pursued against the perpetrator; |
16 | (9) A provision that a student who knowingly makes a false accusation of bullying or |
17 | retaliation shall be subject to disciplinary action; |
18 | (10) A strategy for providing counseling or referral to appropriate services currently |
19 | being offered by schools or communities for perpetrators and victims and for appropriate family |
20 | members of said students. The plan shall afford all students the same protection regardless of |
21 | their status under the law; |
22 | (11) A provision that requires a principal or designee to be responsible for the |
23 | implementation and oversight of the bullying policy; |
24 | (12) Provisions for informing parents and guardians about the bullying policy of the |
25 | school district or school shall include, but not be limited to: |
26 | (i) A link to the policy prominently posted on the home page of the school district's |
27 | website and distributed annually to parents and guardians of students; |
28 | (ii) A provision for notification, within twenty-four (24) hours, of the incident report, to |
29 | the parents or guardians of the victim of bullying and parents or guardians of the alleged |
30 | perpetrator of the bullying; |
31 | (13) A school employee, school volunteer, student, parent, legal guardian, or relative |
32 | caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official |
33 | designated in the school's policy is immune from a cause of action for damages arising from |
34 | reporting bullying; |
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1 | (14) This section does not prevent a victim from seeking redress under any other |
2 | available law, either civil or criminal. This section does not create or alter any tort liability; |
3 | (15) Students shall be prohibited from accessing social networking sites at school, except |
4 | for educational or instructional purposes and with the prior approval from school administration. |
5 | Nothing in this act shall prohibit students from using school department or school websites for |
6 | educational purposes. School districts and schools are encouraged to provide in-service training |
7 | on Internet safety for students, faculty and staff; and |
8 | (16) All school districts, charter schools, career and technical schools, approved private |
9 | day or residential schools and collaborative schools shall be subject to the requirements of this |
10 | section. School districts and schools must adopt the statewide bullying policy promulgated |
11 | pursuant to this section by June 30, 2012. |
12 | (b)(1) Commencing no later than July 1, 2020, the department shall undertake a |
13 | comprehensive review of the statewide bullying policy (the "policy") established pursuant to this |
14 | section, and shall revise the policy as needed. |
15 | (2) The department shall seek to obtain information and data from a variety of sources |
16 | but shall make a point of emphasis of obtaining information and data from teachers and students |
17 | within schools that the policy applies to. |
18 | (3) Points of emphasis and considerations for the review and revision process authorized |
19 | by subsection (b) of this section shall include, but not be limited to, the following: |
20 | (i) Changes in form, nature, and effect of bullying which have occurred since the |
21 | establishment of the original policy, including, but not limited to, bullying which utilizes |
22 | electronic means and social media, often referred to as "cyberbullying," and which frequently |
23 | takes place outside of traditional school hours and functions; |
24 | (ii) Recognizing the reluctance of many students to report bullying to an adult, and the |
25 | repercussions to students who report such bullying; |
26 | (iii) The inclusion of updated best practices to the policy in addressing bullying in |
27 | schools, which may involve an increased use of restorative justice and student or peer disciplinary |
28 | or mediation boards; |
29 | (iv) That with the increased use of electronic media and social media in our society, the |
30 | concept of what constitutes bullying "in schools" may need to be revised; |
31 | (v) To achieve uniformity among all school districts in reporting data on bullying; and |
32 | (vi) To instill more uniformity in the handling of and response to matters of bullying in |
33 | the schools, which shall include, but not be limited to, the development and implementation of |
34 | mandatory uniform forms for use in the schools. |
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1 | (4) Effective July 1, 2020: |
2 | (i) All school districts shall have an electronic link to the district's school bullying policy |
3 | or the policy itself, on the district's website. If there are bullying policies specific to a particular |
4 | school or schools in a district, there shall also be links to those policies or the policies themselves |
5 | posted on the district-wide and applicable school's individual website(s); and |
6 | (ii) All school principals shall prepare, on a biannual basis, a written summary report of |
7 | bullying incidents at the school and responses to those incidents. These summary reports shall |
8 | include the total number of bullying incidents in the district's schools which took place during the |
9 | reporting period, aggregated by each school; provided, no information shall be included which |
10 | names or identifies any student involved in a bullying incident. The summary reports shall be |
11 | provided to the school's local governing school board or committee and superintendent, and shall |
12 | be placed on the applicable school and district websites, on or before July 1 and December 30 of |
13 | each calendar year. |
14 | (5) The district shall ensure that appropriate information on bullying is available on the |
15 | district's website. As used herein, "appropriate information" includes, but is not limited to, data |
16 | on incidents and frequency of bullying, the district's policy on bullying, and the forms used by the |
17 | district pertaining to bullying. |
18 | (6) If necessary, the department may promulgate the revisions to the statewide bullying |
19 | policy on or before July 1, 2022. |
20 | (c) In administering this section, the right of students, teachers, administrators, and all |
21 | other persons to attend, matriculate, work, and otherwise be in a safe school, shall remain |
22 | paramount. |
23 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS | |
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1 | This act would direct the department of elementary and secondary education to conduct a |
2 | comprehensive review of the statewide bullying policy. The act would also authorize the |
3 | department to promulgate revisions to the statewide bullying policy on or before July 1, 2022, if |
4 | necessary. The act would also direct schools and districts to provide more information on school |
5 | websites regarding bullying. The act would also direct all school principals to prepare, on a |
6 | biannual basis, a written summary report of bullying incidents at their school and responses to |
7 | those incidents. |
8 | This act would take effect upon passage. |
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