10 LC 33 3353
House
Bill 940
By:
Representatives Hugley of the
133rd
and Morgan of the
39th
A
BILL TO BE ENTITLED
AN ACT
To
amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to discipline of students in elementary and
secondary education, so as to enact the "Jaheem Herrera-Bianca Walton Safe
School Climate Act"; to provide for legislative findings and intent; to provide
for definitions; to prohibit bullying, harassing, or intimidating behavior on
school property and at other school related events; to provide that each local
board of education shall establish a policy relating to bullying behavior; to
require certain provisions in the policy; to provide for training on bullying
behavior for school system personnel; to provide for a model bullying policy by
the State Board of Education; to provide for statutory construction; to revise
provisions for purposes of conformity; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Jaheem Herrera-Bianca Walton Safe
School Climate Act."
SECTION
2.
(a)
The Georgia General Assembly finds that:
(1)
A safe and civil environment in school is necessary in order for students to
learn and achieve high academic standards;
(2)
Bullying, harassment, and intimidation, like other disruptive or violent
behaviors, is conduct that disrupts both a student's ability to learn and a
school's ability to educate its students in a safe environment;
(3)
Bullying, harassing, and intimidating behaviors create a climate that fosters
violence in our schools;
(4)
It is essential to enact a law that seeks to protect the health and welfare of
Georgia students and improve the learning environment for Georgia students;
and
(5)
To do so, state and national data and anecdotal evidence have established the
need to identify the most vulnerable targets and potential victims of bullying,
harassment, and intimidation.
(b)
The sole purpose of this law is to protect all children from bullying,
harassment, and continual intimidation and no other legislative purpose is
intended nor should any other intent be construed from passage of this
Act.
SECTION
3.
Part
2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to discipline of students in elementary and secondary
education, is amended by repealing Code Section 20-2-751.4, relating to policies
prohibiting bullying, assignment to alternative school, and notice, in its
entirety and reserving said Code section as follows:
"20-2-751.4.
(a)
As used in this Code section, the term 'bullying' means:
(1)
Any willful attempt or threat to inflict injury on another person, when
accompanied by an apparent present ability to do so; or
(2)
Any intentional display of force such as would give the victim reason to fear or
expect immediate bodily harm.
(b)
Each local board of education shall adopt policies, applicable to students in
grades six through 12, that prohibit bullying of a student by another student
and shall require such prohibition to be included in the student code of conduct
for middle and high schools in that school system. Local board policies shall
require that, upon a finding that a student has committed the offense of
bullying for the third time in a school year, such student shall be assigned to
an alternative school. Each local board of education shall ensure that students
and parents of students are notified of the prohibition against bullying, and
the penalties for violating the prohibition, by posting such information at each
middle and high school and by including such information in student and parent
handbooks.
(c)
Any school system which is not in compliance with the requirements of this Code
section shall be ineligible to receive state funding pursuant to Code Sections
20-2-161 and 20-2-260.
Reserved."
SECTION
4.
Said
part is further amended in Code Section 20-2-751.5, relating to student codes of
conduct, safety rules on school buses, and distribution, by revising subsections
(a) and (b) as follows:
"(a)
Each student code of conduct shall contain provisions that address the following
conduct of students during school hours, at school related functions, and on the
school bus in a manner that is appropriate to the age of the
student:
(1)
Verbal assault, including threatened violence, of teachers, administrators, and
other school personnel;
(2)
Physical assault or battery of teachers, administrators, and other school
personnel;
(3)
Disrespectful conduct toward teachers, administrators, and other school
personnel, including use of vulgar or profane language;
(4)
Verbal assault of other students, including threatened violence or sexual
harassment as defined pursuant to Title IX of the Education Amendments of
1972;
(5)
Physical assault or battery of other students, including sexual harassment as
defined pursuant to Title IX of the Education Amendments of 1972;
(6)
Disrespectful conduct toward other students, including use of vulgar or profane
language;
(7)
Verbal assault of, physical assault or battery of, and disrespectful conduct,
including use of vulgar or profane language, toward persons attending school
related functions;
(8)
Failure to comply with compulsory attendance as required under Code Section
20-2-690.1;
(9)
Willful or malicious damage to real or personal property of the school or to
personal property of any person legitimately at the school;
(10)
Inciting, advising, or counseling of others to engage in prohibited
acts;
(11)
Marking, defacing, or destroying school property;
(12)
Possession of a weapon, as provided for in Code Section
16-11-127.1;
(13)
Unlawful use or possession of illegal drugs or alcohol;
(14)
Willful and persistent violation of the student code of conduct;
(15)
Bullying,
harassing, or intimidating behavior as
defined by Code Section
20-2-751.4
20-2-760;
(16)
Marking, defacing, or destroying the property of another student;
and
(17)
Falsifying, misrepresenting, omitting, or erroneously reporting information
regarding instances of alleged inappropriate behavior by a teacher,
administrator, or other school employee toward a student.
With
regard to paragraphs (9), (11), and (17) of this subsection, each student code
of conduct shall also contain provisions that address conduct of students during
off-school hours.
(b)(1)
In addition to the requirements contained in subsection (a) of this Code
section, each student code of conduct shall include comprehensive and specific
provisions prescribing and governing student conduct and safety rules on all
public school buses. The specific provisions shall include but not be limited
to:
(A)
Students shall be prohibited from acts of physical violence as defined by Code
Section 20-2-751.6,
bullying,
harassing, or intimidating behavior as
defined by
subsection
(a)
paragraph
(1) of Code Section
20-2-751.4
20-2-760,
physical assault or battery of other persons on the school bus, verbal assault
of other persons on the school bus, disrespectful conduct toward the school bus
driver or other persons on the school bus, and other unruly
behavior;
(B)
Students shall be prohibited from using any electronic devices during the
operation of a school bus, including but not limited to cell phones; pagers;
audible radios, tape or compact disc players without headphones; or any other
electronic device in a manner that might interfere with the school bus
communications equipment or the school bus driver's operation of the school bus;
and
(C)
Students shall be prohibited from using mirrors, lasers, flash cameras, or any
other lights or reflective devises in a manner that might interfere with the
school bus driver's operation of the school bus.
(2)
If a student is found to have engaged in physical acts of violence as defined by
Code Section 20-2-751.6, the student shall be subject to the penalties set forth
in such Code section. If a student is found to have engaged in
bullying,
harassing, or intimidating behavior as
defined by
subsection
(a)
paragraph
(1) of Code Section
20-2-751.4
20-2-760
or in physical assault or battery of another person on the school bus, the local
school board policy shall require a meeting of the parent or guardian of the
student and appropriate school district officials to form a school bus behavior
contract for the student. Such contract shall provide for progressive
age-appropriate discipline, penalties, and restrictions for student misconduct
on the bus. Contract provisions may include but shall not be not limited to
assigned seating, ongoing parental involvement, and suspension from riding the
bus. This subsection is not to be construed to limit the instances when a
school code of conduct or local board of education may require use of a student
bus behavior contract."
SECTION
5.
Said
part is further amended by adding a new subpart to read as follows:
"Subpart
2A
20-2-760.
As
used in this part, the term:
(1)
'Bullying, harassing, or intimidating behavior' or 'act of bullying, harassment,
or intimidation' means any pattern of gestures or written, electronic, or verbal
communications, or any physical act or any threatening communication, that takes
place on school property, at an official school bus stop, at any school
sponsored activity or event whether or not it is held on school premises, or on
a school bus or any other school related vehicle, or at any other program or
function where the school is responsible for the child, and that:
(A)
Places a student or school employee in actual and reasonable fear of harm to his
or her person or damage to his or her property; or
(B)
Creates or is certain to create a hostile environment by substantially
interfering with or impairing a student's educational performance,
opportunities, or benefits.
This
term includes, but is not limited to, acts reasonably perceived as being
motivated by any actual or perceived differentiating characteristic, such as
race, color, religion, ancestry, national origin, gender, socioeconomic status,
academic status, gender identity, physical appearance, sexual orientation, or
mental, physical, developmental, or sensory disability, or by association with a
person who has or is perceived to have one or more of these
characteristics.
(2)
'Hostile environment' means that the victim subjectively views the conduct as
bullying, harassing, or intimidating behavior and the conduct is objectively
severe or pervasive enough that a reasonable person would agree that it is
bullying, harassing, or intimidating behavior.
20-2-761.
(a)
No student or school employee shall be subjected to bullying, harassing, or
intimidating behavior by school employees or students.
(b)
No person shall engage in any act of reprisal or retaliation against a victim,
witness, or a person who has or reports reliable information about an act of
bullying, harassing, or intimidating behavior.
(c)
A school employee who has witnessed or has reliable information that a student
or school employee has been subject to any act of bullying, harassing, or
intimidating behavior shall report the incident to the appropriate school
official.
(d)
A student or volunteer who has witnessed or has reliable information that a
student or school employee has been subject to any act of bullying, harassing,
or intimidating behavior shall report the incident to the appropriate school
official.
20-2-762.
(a)
No later than December 31, 2010, each local board of education shall adopt a
policy prohibiting bullying, harassing, or intimidating behavior. The local
board shall involve parents and guardians, school employees, school
administrators, school volunteers, students, administrators, law enforcement
representatives, and community representatives in the process of creating the
policy. Policies adopted pursuant to this Code section shall be continuously
reviewed and may be revised as necessary.
(b)
The policy shall contain, at a minimum, the following components:
(1)
A statement prohibiting bullying, harassing, or intimidating
behavior;
(2)
A definition of bullying, harassing, or intimidating behavior no less inclusive
than that set forth in this part;
(3)
A description of appropriate student behavior;
(4)
Consequences and appropriate remedial action for a person who commits an act of
bullying, harassment, or intimidation. Each local board shall determine
appropriate consequences; provided, however, that local board policies shall
require that, upon a finding that a student in grades six through 12 who has
committed the offense of bullying for the third time in a school year shall be
assigned to an alternative school;
(5)
A procedure for reporting and documenting an act of bullying, harassment, or
intimidation including a provision that permits a person to report such an act
anonymously. The procedures shall identify the appropriate school personnel
responsible for receiving a report. This paragraph shall not be construed to
permit formal disciplinary action solely on the basis of an anonymous
report;
(6)
A procedure for prompt investigation of reports of serious violations and
complaints of any act of bullying, harassment, or intimidation, identifying
either the principal or the principal's designee as the person responsible for
the investigation;
(7)
A statement that prohibits reprisal or retaliation against any person who
reports an act of bullying, harassment, or intimidation, and the consequence and
appropriate remedial action for a person who engages in reprisal or
retaliation;
(8)
A statement of how the policy is to be disseminated and publicized, including
notice that the policy applies to participation in school sponsored
functions;
(9)
A process for discussing the school system's bullying, harassing, or
intimidating behavior policy with students;
(10)
A strategy for protecting the victim from additional bullying, harassing, or
intimidating behavior and from retaliation following a report; and
(11)
Consequences and appropriate remedial action for persons found to have falsely
accused another.
(c)
Nothing in this part shall prohibit a local school system from adopting a policy
that includes components beyond the minimum components provided in this Code
section or that is more inclusive than the requirements of this
part.
(d)
Notice of the local policy shall appear in the student code of conduct
established pursuant to Code Section 20-2-751.5 and any other school publication
that sets forth the comprehensive rules, procedures, and standards of conduct
for schools within the school and in any student and school employee
handbook.
(e)
Information regarding the local policy against bullying, harassing, or
intimidating behavior shall be incorporated into a school's employee training
program.
(f)
To the extent funds are appropriated for these purposes, a local school system
shall, by March 1, 2011, provide training on the local policy to school
employees and volunteers who have significant contact with
students.
(g)
Schools shall develop and implement methods and strategies for promoting school
environments that are free of bullying, harassing, or intimidating
behavior.
(h)
Local boards of education may establish bullying prevention programs or other
initiatives and may involve parents and guardians, school employees, school
administrators, school volunteers, students, administrators, law enforcement
representatives, and community representatives.
(i)
To assist local boards of education in developing a policy pursuant to this Code
section, the State Board of Education shall, no later than September 1, 2010,
develop model policies applicable to students in kindergarten through grade 12
and teacher preparation program standards on the identification and prevention
of bullying, harassing, or intimidating behavior. In addition, the state board
shall provide necessary training programs and technical assistance to school
systems in carrying out the requirements of this part.
20-2-763.
(a)
This part shall not be construed to permit school officials to punish student
expression or speech based on an undifferentiated fear or apprehension of
disturbance or out of a desire to avoid the discomfort and unpleasantness that
could accompany an unpopular viewpoint.
(b)
This part shall not be construed to prevent a victim of bullying, harassing, or
intimidating behavior from seeking redress under any other available law, either
civil or criminal.
(c)
This part shall not be construed to require an exhaustion of the administrative
complaint process before civil or criminal law remedies may be pursued regarding
bullying, harassing, or intimidating behavior.
(d)
This part shall not be construed to create or alter any civil cause of action
for monetary damages against any person or school system nor shall it constitute
grounds for any claim or motion raised by either the state or defendant in any
proceedings, except that the defense of immunity shall be retained and may be
asserted in any action arising out of this part.
(e)
The provisions of this part shall be liberally construed to give effect to its
purposes.
(f)
Nothing in this part shall be construed to create any classification, protected
class, suspect category, or preference beyond those existing in present statute
or case law."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.