Chapter 220
2008 -- H 7569
SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING
TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
Introduced
By: Representatives Giannini, Slater, Almeida, Gallison, and Lima
Date
Introduced: February 26, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
16-21-26 of the General Laws in Chapter 16-21 entitled "Health
and Safety of Pupils" is hereby amended to
read as follows:
16-21-26.
Student discipline codes. -- (a) As used in this section:
(1) "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.
(2)
"Harassment, intimidation or bullying" means an intentional written,
verbal or
physical act or threat of a physical act that,
under the totality of circumstances:
(i) 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
(ii) Is
sufficiently severe, persistent or pervasive that it creates an intimidating,
threatening or abusive educational environment
for a student.
(b) The board of
a school district of a public school shall adopt a policy prohibiting
harassment, intimidation, or bullying at school.
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.
(c) 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.
(d) 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.
(e) 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.
(f) A school
employee, pupil or volunteer shall not, nor shall those 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.
(g) 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.
(h) 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.
(i) 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.
(j) Each school
district or public school shall do all of the following:
(1) 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. The training may include
promotion of conflict resolution and mediation techniques
for resolving conflicts between and among pupils
without violence.
(2) Develop a
process for discussing the harassment, intimidation or bullying policy with
pupils. The process may include teaching
pupils techniques for preventing and resolving conflicts
without violence, including dating violence and
interpersonal violence.
(k) A school
district or public school academy shall incorporate information regarding the
school district or public or private school
academy's policy against harassment, intimidation or
bullying into each school's employee training
program.
(l) 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 2. This
act shall take effect upon passage.
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LC02115/SUB A/2
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