PRINTER'S NO.  935

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

879

Session of

2011

  

  

INTRODUCED BY M. O'BRIEN, MARCH 2, 2011

  

  

REFERRED TO COMMITTEE ON EDUCATION, MARCH 2, 2011  

  

  

  

AN ACT

  

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Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," further providing for policy relating

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to bullying.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1303.1-A of act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, added

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July 9, 2008 (P.L.846, No.61), is amended to read:

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Section 1303.1-A.  Policy Relating to Bullying.--(a)  No

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later than January 1, 2009, each school entity shall adopt a

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policy or amend its existing policy relating to bullying and

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incorporate the policy into the school entity's code of student

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conduct required under 22 Pa. Code § 12.3(c) (relating to school

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rules). The policy shall delineate disciplinary consequences for

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bullying and may provide for prevention, intervention and

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education programs, provided that no school entity shall be

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required to establish a new policy under this section if one

 


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currently exists and reasonably fulfills the requirements of

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this section. The policy shall identify the appropriate school

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staff person to receive reports of incidents of alleged

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bullying.

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(a.1)  No later than January 1, 2012, each school entity

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shall amend its existing policy relating to bullying in

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accordance with the requirements of this section. The school

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entity shall adopt the policy through a process that includes

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representation of parents or guardians, school employees,

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volunteers, students, administrators and community

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representatives. A school entity shall have local control over

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the content of the policy, except that the policy shall contain,

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at a minimum, the following components:

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(1)  a statement prohibiting bullying of a student as defined

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in subsection (e);

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(2)  a description of the type of behavior expected from each

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student;

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(3)  consequences and appropriate remedial action for a

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person who commits an act of harassment, intimidation or

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bullying;

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(4)  a procedure for reporting an act of bullying, including

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a provision that permits a person to report an act of bullying

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anonymously; however, this shall not be construed to permit

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formal disciplinary action solely on the basis of an anonymous

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report. All acts of bullying shall be reported verbally to the

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school principal on the same day when a school employee or

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contracted service provider witnesses or receives reliable

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information regarding any such incident. The principal shall

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inform the parents or guardians of all students involved in the

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alleged incident and may discuss, as appropriate, the

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availability of counseling and other intervention services. All

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acts of bullying shall be reported in writing to the school

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principal within two school days of when the school employee or

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contracted service provider witnessed or received reliable

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information that a student had been subject to bullying;

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(5)  a procedure for prompt investigation of reports of

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violations and complaints, which procedure shall at a minimum

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provide that:

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(i)  the investigation shall be initiated by the principal or

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the principal's designee within one school day of the report of

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the incident and shall be conducted by a school antibullying

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specialist. The principal may appoint additional personnel who

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are not school antibullying specialists to assist in the

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investigation. The investigation shall be completed as soon as

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possible, but not later than ten (10) school days from the date

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of the written report of the incident of bullying. In the event

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that there is information relative to the investigation that is

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anticipated but not yet received by the end of the ten-day

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period, the school antibullying specialist may amend the

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original report of the results of the investigation to reflect

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the information;

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(ii)  the results of the investigation shall be reported to

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the superintendent of schools within two (2) school days of the

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completion of the investigation, and the superintendent may

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decide to provide intervention services, establish training

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programs to reduce bullying and enhance school climate, impose

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discipline, order counseling as a result of the findings of the

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investigation or take or recommend other appropriate action;

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(iii)  the results of each investigation shall be reported to

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the board of school directors no later than the date of the

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board meeting next following the completion of the

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investigation, along with information on any services provided,

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training established, discipline imposed or other action taken

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or recommended by the superintendent;

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(iv)  parents or guardians of the students who are parties to

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the investigation shall be entitled to receive information about

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the investigation, in accordance with Federal or State law and

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regulation, including the nature of the investigation, whether

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the district found evidence of bullying or whether discipline

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was imposed or services provided to address the incident of

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bullying. This information shall be provided in writing within

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five (5) school days after the results of the investigation are

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reported to the board of school directors. A parent or guardian

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may request a hearing before the board after receiving the

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information, and the hearing shall be held within ten (10) days

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of the request. The board shall meet in executive session for

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the hearing to protect the confidentiality of the students. At

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the hearing the board may hear from the school antibullying

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specialist about the incident, recommendations for discipline or

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services and any programs instituted to reduce such incidents;

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(v)  at the next board of school directors meeting following

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its receipt of the report, the board of school directors shall

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issue a decision, in writing, to affirm, reject or modify the

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superintendent's decision. The board's decision may be appealed

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to the Department of Eduction, in accordance with the procedures

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set forth in law and regulation, no later than the ninety (90)

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days after the issuance of the board's decision; and

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(vi)  a parent, student, guardian or organization may file a

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complaint with the Human Relations Commission within one hundred

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eighty (180) days of the occurrence of any incident of bullying

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based on membership in a protected group as enumerated in the

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act of October 27, 1955 (P.L.744, No.222), known as the

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"Pennsylvania Human Relations Act";

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(7)  the range of ways in which a school will respond once an

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incident of bullying is identified, which shall be defined by

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the principal in conjunction with the school antibullying

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specialist, but shall include an appropriate combination of

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counseling, support services, intervention services and other

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programs, as defined by the Department of Education;

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(8)  a statement that prohibits reprisal or retaliation

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against any person who reports an act of bullying and the

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consequence and appropriate remedial action for a person who

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engages in reprisal or retaliation;

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(9)  consequences and appropriate remedial action for a

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person found to have falsely accused another as a means of

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retaliation or as a means of bullying;

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(10)  a statement of how the policy is to be publicized,

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including notice that the policy applies to participation in

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school-sponsored functions and actions occurring off school

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grounds;

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(11)  a requirement that the name, school telephone number,

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school address and school e-mail address of the district

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antibullying coordinator be listed on the home page of the

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school entity's Internet website and that on the home page of

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each school's Internet website the name, school telephone

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number, school address and school e-mail address of the school

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antibullying specialist and the district antibullying

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coordinator be listed. The information concerning the district

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antibullying coordinator and the school antibullying specialists

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shall also be maintained on the Department of Education's

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Internet website.

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(a.2)  To assist school entities in developing policies for

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the prevention of bullying, the Department of Education shall

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develop a model policy applicable to grades kindergarten through

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twelve (12). This model policy shall be issued no later than

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September 1, 2011. The department shall update the model policy

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as the department deems necessary.

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(a.3)  Notice of the school entity's policy shall appear in

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any publication of the school entity that sets forth the

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comprehensive rules, procedures and standards of conduct for the

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school entity and in any student handbook.

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(a.4)  Nothing in this section shall prohibit a school entity

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from adopting a policy that includes components that are more

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stringent than the components set forth in this section.

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(b)  Each school entity shall make the policy available on

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its publicly accessible Internet website, if available, and in

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every classroom. Each school entity shall post the policy at a

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prominent location within each school building where such

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notices are usually posted and shall distribute the policy

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annually to parents and guardians who have children enrolled in

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the school entity. Each school entity shall ensure that the

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policy and procedures for reporting bullying incidents are

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reviewed with students within ninety (90) days after their

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adoption and thereafter at least once each school year.

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(c)  Each school entity shall review its policy [every three

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(3) years and annually provide the office with a copy of its

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policy relating to bullying, including information related to

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the development and implementation of any bullying prevention,

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intervention and education programs] annually making any

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necessary revisions and additions. The school entity shall

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include input from the school antibullying specialists in

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conducting its reevaluation, reassessment and review. The school

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entity shall transmit a copy of the revised policy to the

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Department of Education within thirty (30) school days of the

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revision. The information required under this subsection shall

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be attached to or made part of the annual report required under

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section 1303-A(b).

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(d)  [In its policy relating to bullying adopted or

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maintained under subsection (a), a school entity shall not be

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prohibited from defining bullying in such a way as to encompass

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acts that occur outside a school setting if those acts meet the

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requirements contained in subsection (e)(1), (3) and (4). If a]

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A school entity [reports] shall report acts of bullying to the

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office in accordance with section 1303-A(b)[, it shall report

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all incidents that qualify as bullying under the entity's

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adopted definition of that term].

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(e)  For purposes of this article, "bullying" shall mean an

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intentional electronic, written, verbal or physical act, or a

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series of acts:

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(1)  directed at another student or students;

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(2)  which occurs in a school setting or off school grounds

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that substantially disrupts or interferes with the orderly

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operation of the school or the rights of other students;

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(3)  that is severe, persistent or pervasive; and

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(4)  that has the effect of doing any of the following:

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(i)  substantially interfering with a student's education;

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(ii)  creating a threatening environment; [or]

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(iii)  [substantially disrupting the orderly operation of the

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school; and] physically or emotionally harming a student or

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damaging a student's property, or placing a student in

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reasonable fear of physical or emotional harm to the student's

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person or property; or

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(iv)  insulting or demeaning any student or group of

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students; and

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"school setting" shall mean in the school, on school grounds,

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in school vehicles, at a designated bus stop or at any activity

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sponsored, supervised or sanctioned by the school.

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Section 2.  This act shall take effect in 60 days.

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