Bill Text: MS SB2015 | 2010 | Regular Session | Enrolled
Bill Title: Bullying or harassing behavior in the schools; prohibit.
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Passed) 2010-04-13 - Approved by Governor [SB2015 Detail]
Download: Mississippi-2010-SB2015-Enrolled.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Senator(s) Wilemon, Blount, Brown, Butler, Dawkins, Dearing, Harden, Hudson, Hyde-Smith, Jackson (15th), Jordan, Stone, Walls, Ward
Senate Bill 2015
(As Sent to Governor)
AN ACT TO PROHIBIT BULLYING OR HARASSING BEHAVIOR IN THE PUBLIC SCHOOLS; TO DEFINE BULLYING OR HARASSING BEHAVIOR; TO DEFINE HOSTILE ENVIRONMENT AND TO REQUIRE ALL LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING BULLYING AND HARASSING BEHAVIOR AS REQUIRED BY THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act, "bullying or harassing behavior" is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, 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. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
(2) No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.
(3) No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior.
(4) A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.
(5) 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 or harassing behavior should report the incident to the appropriate school official.
SECTION 2. Before December 31, 2010, each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior. The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
