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SB 0279 - Education; include cyberbullying in the definition of "bullying"

Tracking Level: Watch
Sponsor: Miller, Butch 49th
Last Action: 3/28/2013 - Senate - Senate Read and Referred
Senate Committee: ED&Y
Assigned To:
DisciplineNext Bill
Student SafetyNext Bill

Staff Analysis of the Legislation

SUMMARY:  LC 33 5069

The bill amends the definiton of bullying in 20-2-751.4 to include cyberbullying which is defined extensively and includes electronic communications whether or not they happened on school grounds, with school equipment, or during school hours.  It also requires local boards to implement ongoing professional development in each school on the identification, prevention, and resolution of bullying.

This bill was introduced in 2013, so the dates included would be changed.

REQUIREMENTS:

Definition of bullying would include "acts by use of electronic communications whether or not the communication occurs on school property, with school equipment, or during school hours so long as a reasonable person should know or have known, under the circumstances, that the communication would have the effect of psychologically harming a student, damaging a student's property, placing a student in reasonable fear of harm to his or her person or damage to his or her property, or otherwise invading the rights of any student or students in such a way as to cause substantial disruption or material interference with school activities or the orderly operation of the school; or the communication is directed specifically at any student or students with the intended purpose of disrupting school activities or the orderly operation of school, and the communication has a high likelihood of accomplishing that purpose."

No later than August 1, 2014, each local board shall require each school to adopt and implement ongoing professional development in the identification, prevention, and resolution of bullying incidents.

The professional development shall include but not be limited to

  • Developmentally appropriate strategies to prevent bullying incidents
  • Developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents
  • Information regarding the complex interaction and power differential that can take place between and among a prepetrator, victim, and witnesses to the bullying
  • Information on the incidence and nature of cyberbullying
  • Internet safety issues as they relate to cyberbullying

No later than January 1, 2014, the required Department of Education's model policy shall include instructions on providing linguistically and culturally appropriate bullying notification to paents for schools with a high concentration of limited Engllish proficient ethnic groups.

POINTS TO CONSIDER:

Parents are responsible for what students do outside of school with their own or others' personal equipment.

For schools to start policing and responding to off campus occurrences would likely cause disruptions also as some parents, students, and organizations are unlikely to find it appropriate.

Incidents that are initiated off campus but disrupt the school can be handled as any other disruption is.

There are undoubtedly constitutional issues as well as practical ones in the implementation of such a change. For instance, how would the school know unless it was reported to them? How would they substantiate who sent the communication?

EFFECTIVE DATE:

 Upon approval of the Governor or upon becoming law without his approval.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text