Chapter 213

2003 -- H 5919 AS AMENDED

Enacted 07/15/03

A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

Introduced By: Representatives Smith, Giannini, Lima, Handy, and Aubin

Date Introduced: February 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Legislative declaration. The general assembly hereby finds, determines, and

declares that bullying disrupts a school’s ability to educate students and threatens public safety by

creating an atmosphere in which such behavior can escalate into violence. The general assembly

therefore finds that a policy to create an environment free of bullying shall be part of each school

district’s safe school plan. All students have a right to work and study in a safe, supportive

environment that is free from harassment, intimidation and bullying.

     SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils"

is hereby amended by adding thereto the following section:

16-21-26. Student discipline codes. - - (1) As used in this section:

(a) “At school” means in a classroom, elsewhere on or immediately adjacent to school

premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any

school-sponsored activity or event whether or not it is held on school premises.

(b) “Harassment, intimidation or bullying” means an intentional written, verbal or

physical act or threat of a physical act that, under the totality of circumstances:

(1) A reasonable person should know will have the effect of: physically harming a

student, damaging a student’s property, placing a student in reasonable fear of harm to his or her

person, or placing a student in reasonable fear of damage to his or her property; or

(2) Is sufficiently severe, persistent or pervasive that it creates an intimidating,

threatening or abusive educational environment for a student.

(3) The board of a school district of a public school shall adopt a policy prohibiting

harassment, intimidation, or bullying at school. It is recommended that the policy shall

specifically prohibit harassment, intimidation and bullying by students at school and address

prevention of an education about such behavior. The policy shall be adopted through a process

that includes representation of parents or guardians, school employees, volunteers, pupils, school

administrators and community representatives.

(4) Each school district shall adopt the policy under this section and transmit a copy of its

policy to the commissioner of elementary and secondary education and director of the department

of education by September 1, 2004.

(5) To assist school districts and public schools in developing policies for the prevention

of harassment, intimidation or bullying, the department of education shall develop a model policy

applicable to grades K-12. This model policy shall be issued no later than December 1, 2003.

(6) A school district shall ensure that notice of the school district’s or public school’s

policy under this section is included in any publication of the school district or public school

policy that sets forth the comprehensive rules, procedures and standards of conduct for its schools

and in its pupil handbook.

(7) A school employee, pupil or volunteer shall not nor shall said individuals solicit

others with the intent to engage in reprisal, retaliation or false accusation against a victim, witness

or one with reliable information about an act of harassment, intimidation or bullying.

(8) A school employee, pupil or volunteer who has witnessed or has reliable information

that a pupil has been subjected to harassment, intimidation or bullying, whether written, verbal or

physical, is encouraged to report the incident to the appropriate school official designated by the

school district’s or public school’s policy.

(9) A school employee who promptly reports an incident of harassment, intimidation or

bullying to the appropriate school official designated by the school district’s or public school’s

policy, and who makes this report in compliance with the procedures in the policy prohibiting

harassment, intimidation or bullying is not liable for damages arising from any failure to remedy

the reported incident.

(10) Public schools and school districts are encouraged to form bullying prevention task

forces, programs and other initiatives involving school staff, pupils, administrators, volunteers,

parents, law enforcement and community members.

(11) Each school district or public school shall do all of the following:

(a) Provide training on the school district’s or public school academy’s harassment,

intimidation or bullying policies to school employees and volunteers who have significant contact

with pupils.

(b) Develop a process for discussing the harassment, intimidation or bullying policy with

pupils.

(12) A school district or public school academy shall incorporate information regarding

the school district’s or public or private school academy’s policy against harassment, intimidation

or bullying into each school’s employee training program.

(13) This section does not prevent a victim from seeking redress under any other

available law, either civil or criminal. This section does not create or alter any tort liability.

     SECTION 3. This act shall take effect upon passage.

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LC01578

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