2008 -- S 2012

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LC00033

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Tassoni, Felag, McBurney, and Doyle

     Date Introduced: January 02, 2008

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-26 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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

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      (1) "At school" means in a classroom, elsewhere on or immediately adjacent to school

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

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

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      (2) "Harassment, intimidation or bullying" means an intentional written, electronic,

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

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

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

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

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

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threatening or abusive educational environment for a student.

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     (3) "Electronic" communications shall include any verbal, textual or graphic

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communication of any kind effected, created or transmitted by the use of any electronic device,

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including, but not limited to, a computer, telephone, cellular telephone, text-messaging device

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and/or personal data assistance device.

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

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harassment, intimidation, or bullying at school. The policy shall specifically prohibit harassment,

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intimidation and bullying by students at school and address prevention of an education about such

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behavior. The policy shall be adopted through a process that includes representation of parents or

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guardians, school employees, volunteers, pupils, school administrators and community

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representatives.

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

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

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department of education by September 1, 2004.

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

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

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

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      (e) A school district shall ensure that notice of the school district's or public school's

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

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

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and in its pupil handbook.

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      (f) A school employee, pupil or volunteer shall not, nor shall those individuals solicit

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

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

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

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

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

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school district's or public school's policy.

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

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

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

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

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the reported incident.

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

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

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parents, law enforcement and community members.

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

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      (1) Provide training on the school district's or public school academy's harassment,

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

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with pupils.

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

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pupils.

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

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

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or bullying into each school's employee training program.

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

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

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     (m) Repeated violations of any policy adopted pursuant to this section or any violation of

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any policy adopted pursuant to this section which threatens the physical or emotional well-being

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of any student shall constitute grounds for the filing of a petition pursuant to section 14-1-11 of

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the general laws for a determination by the family court that the offending student is wayward

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and/or delinquent within the meaning of section 14-1-3 of the general laws.

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     SECTION 2. This act shall take effect upon passage.

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LC00033

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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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     This act would expand the definition of student discipline codes to include electronic

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communications.

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     This act would take effect upon passage.

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LC00033

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