Bill Text: MS HB609 | 2015 | Regular Session | Introduced

Mississippi House Bill 609 (Prior Session Legislation)

Introduced

Bill Title: Anti-bullying Law; create.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB609 Detail]

Download: Mississippi-2015-HB609-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representative Boyd

House Bill 609

AN ACT TO PROHIBIT BULLYING IN SCHOOLS; TO REQUIRE SCHOOL DISTRICTS TO ADOPT POLICIES TO CARRY OUT THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In this section, "bullying" means, subject to subsection (2) of this section, engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school�sponsored or school�related activity, or in a vehicle operated by the district and that:

(a) Has the effect or will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property; or

(b) Is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

(2) Conduct described by subsection (1) of this section is considered bullying if that conduct:

(a) Exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and

(b) Interferes with a student's education or substantially disrupts the operation of a school.

(3) The board of trustees of each school district shall adopt a policy, including any necessary procedures, concerning bullying that:

(a) Prohibits the bullying of a student;

(b) Prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;

(c) Establishes a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident;

(d) Establishes the actions a student should take to obtain assistance and intervention in response to bullying;

(e) Sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;

(f) Establishes procedures for reporting an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred;

(g) Prohibits the imposition of a disciplinary measure

on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self�defense in response to the bullying; and

(h) Requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 USCS Section 1400 et seq.).

(4) The policy and any necessary procedures adopted under subsection (3) of this section must be included annually, in the student and employee school district handbooks.

(5) The procedure for reporting bullying established under paragraph (f) of subsection (3) of this section must be posted on the district's Internet website to the extent practicable.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.