Text of AR SB 892 (2011)

Stricken language would be deleted from and underlined language would be added to present law. *CLR172* 03-03-2011 21:13:00 CLR172 State of Arkansas 1 88th General Assembly A Bill 2 Regular Session, 2011 SENATE BILL 892 3 4 By: Senator D. Johnson 5 By: Representative Powers 6 7 For An Act To Be Entitled 8 AN ACT TO CLARIFY ARKANSAS’S ANTIBULLYING POLICIES 9 FOR PUBLIC SCHOOL STUDENTS; TO PROTECT STUDENT 10 DIGNITY; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO CLARIFY ARKANSAS'S ANTIBULLYING 15 POLICIES AND PROTECT STUDENT DIGNITY. 16 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Arkansas Code § 6-18-514 is amended to read as follows: 21 6-18-514. Antibullying policies. 22 (a)(1) The General Assembly finds that every public school student in 23 this state has the right to receive his or her public education in a public 24 school educational environment that is reasonably free from substantial 25 intimidation, harassment, or harm or threat of harm by another student. 26 (2) The school board of directors in every public school 27 district shall adopt policies to prevent pupil harassment, also known as 28 bullying. 29 (3)(b) As used in this subchapter section: 30 (1) "Attribute" means an actual or perceived personal 31 characteristic including without limitation race, color, religion, ancestry, 32 national origin, socioeconomic status, academic status, disability, gender, 33 gender identity, physical appearance, health condition, or sexual 34 orientation; 35 (A)(2) “Bullying” means the intentional harassment, 36 SB892 2 03-03-2011 21:13:00 CLR172 intimidation, humiliation, ridicule, defamation, or threat or incitement of 1 violence by a student against another student or public school employee by a 2 written, verbal, electronic, or physical act that causes or creates a clear 3 and present danger of may address an attribute of the other student, public 4 school employee, or person with whom the other student or public school 5 employee is associated and that causes or creates actual or reasonably 6 foreseeable: 7 (i)(A) Physical harm to a public school employee or 8 student or damage to the public school employee's or student's property; 9 (ii)(B) Substantial interference with a student's 10 education or with a public school employee's role in education; 11 (iii)(C) A hostile educational environment for one (1) or 12 more students or public school employees due to the severity, persistence, or 13 pervasiveness of the act; or 14 (iv)(D) Substantial disruption of the orderly operation of 15 the school or educational environment; 16 (B)(3) “Electronic act” means without limitation a communication 17 or image transmitted by means of an electronic device, including without 18 limitation a telephone, wireless phone or other wireless communications 19 device, computer, or pager; 20 (C)(4) “Harassment” means a pattern of unwelcome verbal or 21 physical conduct relating to another person's constitutionally or statutorily 22 protected status that causes, or reasonably should be expected to cause, 23 substantial interference with the other's performance in the school 24 environment; and 25 (D)(5) “Substantial disruption” means without limitation that 26 any one (1) or more of the following occur as a result of the bullying: 27 (i)(A) Necessary cessation of instruction or educational 28 activities; 29 (ii)(B) Inability of students or educational staff to 30 focus on learning or function as an educational unit because of a hostile 31 environment; 32 (iii)(C) Severe or repetitive disciplinary measures are 33 needed in the classroom or during educational activities; or 34 (iv)(D) Exhibition of other behaviors by students or 35 educational staff that substantially interfere with the learning environment. 36 SB892 3 03-03-2011 21:13:00 CLR172 (c) Bullying of a public school student or a public school employee is 1 prohibited. 2 (d) A school principal or his or her designee who receives a credible 3 report or complaint of bullying shall promptly investigate the complaint or 4 report and make a record of the investigation and any action taken as a 5 result of the investigation. 6 (e)(1) The board of directors of every school district shall adopt 7 policies to prevent bullying. 8 (b)(2) The policies shall: 9 (1)(A)(A)(i) Clearly define conduct that constitutes 10 bullying. 11 (B)(ii) The definition shall include without 12 limitation the definition contained in subsection (a) of this section; 13 (2)(B) Prohibit bullying: 14 (A)(i) While in school, on school equipment or 15 property, in school vehicles, on school buses, at designated school bus 16 stops, at school-sponsored activities, at school-sanctioned events; or 17 (B)(i)(ii)(a) By an electronic act that results in 18 the substantial disruption of the orderly operation of the school or 19 educational environment. 20 (ii)(b) This section shall apply to an 21 electronic act whether or not the electronic act originated on school 22 property or with school equipment, if the electronic act is directed 23 specifically at students or school personnel and maliciously intended for the 24 purpose of disrupting school, and has a high likelihood of succeeding in that 25 purpose; 26 (3)(C) State the consequences for engaging in the 27 prohibited conduct, which may vary depending on the age or grade of the 28 student involved; 29 (4)(D) Require that a school employee who has witnessed or 30 has reliable information that a pupil has been a victim of bullying as 31 defined by the district shall report the incident to the principal; 32 (5)(E) Require that the person or persons who file a 33 complaint will not be subject to retaliation or reprisal in any form; 34 (6)(F) Require that notice of what constitutes bullying, 35 that bullying is prohibited, and that the consequences of engaging in 36 SB892 4 03-03-2011 21:13:00 CLR172 bullying be conspicuously posted in every classroom, cafeteria, restroom, 1 gymnasium, auditorium, and school bus in the district; and 2 (7)(G) Require that copies of the notice of what 3 constitutes bullying, that bullying is prohibited, and that the consequences 4 of engaging in bullying be provided to parents, students, school volunteers, 5 and employees. Each policy shall require that a full copy of the policy be 6 made available upon request. 7 (f) A school district shall provide training on compliance with the 8 antibullying policies to all public school district employees responsible for 9 reporting or investigating bullying under this section. 10 (c)(g) A school employee who has reported violations under the school 11 district's policy shall be immune from any tort liability that may arise from 12 the failure to remedy the reported incident. 13 (d)(h) The local school board of directors of a school district may 14 provide opportunities for school employees to participate in programs or 15 other activities designed to develop the knowledge and skills to prevent and 16 respond to acts covered by this policy. 17 (e)(1)(i)(1) The school district shall file with the Department of 18 Education a copy of the policies adopted in compliance with this section. 19 (2) The State Board of Education shall review the policies 20 provided by the school districts and may recommend changes or improvements to 21 the districts if the state board determines that the policies need 22 improvement. 23 (j) This section is not intended to: 24 (1) Restrict a public school district from adopting and 25 implementing policies against bullying or school violence or policies to 26 promote civility and student dignity that are more inclusive than the 27 antibullying policies required under this section; or 28 (2) Unconstitutionally restrict protected rights of freedom of 29 speech, freedom of religious exercise, or freedom of assembly. 30 31 32 33 34 35 36