Rhode Island H.B. 5941

Rhode Island H.B. 5941

Safe School Act -- to Combat Bullying

Enacts the "Safe School Act." to combat bullying. Explicitly prohibits any form or degree of bullying at school. Defines "Bullying" as the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: (i) Causes physical or emotional harm to the student or damage to the student's property; (ii) Places the student in reasonable fear of harm to himself/herself or of damage to his/her property; (iii) Creates an intimidating, threatening, hostile, or abusive educational environment for the student; (iv) Infringes on the rights of the student to participate in school activities; or
(v) Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic.

Defines "Cyber-bullying" as bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. Cyber-bullying also includes: (i) The creation of a web page or blog in which the creator assumes the identity of another person; (ii) The knowing impersonation of another person as the author or posted content or messages; or (iii) The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (i) to (v) of the definition of bullying herein.

Defines "At school" as on school premises, at any school-sponsored activity or event whether or not it is held on school premises, on a school-transportation vehicle, at an official school bus stop, using property or equipment provided by the school, or creates a material and substantial disruption of the education process or the orderly operation of the school.

Requires statewide implementation. Requires the state department of education to prescribe by regulation a statewide bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of bullying at school. The statewide policy applies to all schools and is required to contain the following:
     (1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation at school;
     (2) Clear requirements and procedures for students, staff, parents, guardians and others to report bullying or retaliation;
     (3) A provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report;
     (4) Clear procedures for promptly responding to and investigating reports of bullying or retaliation;
     (5) The range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation; provided, however, that the disciplinary actions balance the need for accountability with the need to teach appropriate behavior; and provided, further, that they include (i) A parental engagement strategy; and (ii) A provision that states punishments for violations of the bullying policy shall be
determined by the school's appropriate authority; however, no student shall be suspended from school unless it is deemed a necessary consequence of the violations;
     (6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's needs for protection;
     (7) Strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying;
     (8) Procedures for promptly notifying the parents or guardians of a victim and a perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation; and provided, further, that the procedures shall provide for immediate notification of the local law enforcement agency when criminal charges may be pursued against the perpetrator;
     (9) A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action;
     (10) A strategy for providing counseling or referral to appropriate services currently being offered by schools or communities for perpetrators and victims and for appropriate family members of said students. The plan shall afford all students the same protection regardless of their status under the law;
     (11) A provision that requires a principal or designee to be responsible for the implementation and oversight of the bullying policy;
     (12) Provisions for informing parents and guardians about the bullying policy of the school district or school shall include, but not be limited to: (i) A link to the policy prominently posted on the home page of the school district's website and distributed annually to parents and guardians of students; (ii) A provision for notification, within twenty-four (24) hours, of the incident report, to the parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator of the bullying;
     (13) A school employee, school volunteer, student, parent, legal guardian, or relative caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school's policy is immune from a cause of action for damages arising from reporting bullying;
     (14) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability;
     (15) Students are to be prohibited from accessing social networking sites at school, except for educational or instructional purposes and with the prior approval from school administration.
     (16) All school districts, charter schools, career and technical schools, approved private day or residential schools and collaborative schools are subject to the requirements of this section.
Requires school districts and schools to adopt the statewide bullying policy promulgated pursuant to this section by June 30, 2012.
http://www.rilin.state.ri.us/PublicLaws/law11/law11162.htm

Source:
http://www.rilin.state.ri.us

Status: Signed into law Status Date: 06/30/2011

Rhode Island H.B. 5941
Safe School Act -- to Combat Bullying
Enacts the "Safe School Act." to combat bullying. Explicitly prohibits any form or degree of bullying at school. Defines "Bullying" as the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: (i) Causes physical or emotional harm to the student or damage to the student's property; (ii) Places the student in reasonable fear of harm to himself/herself or of damage to his/her property; (iii) Creates an intimidating, threatening, hostile, or abusive educational environment for the student; (iv) Infringes on the rights of the student to participate in school activities; or (v) Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic. Defines "Cyber-bullying" as bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. Cyber-bullying also includes: (i) The creation of a web page or blog in which the creator assumes the identity of another person; (ii) The knowing impersonation of another person as the author or posted content or messages; or (iii) The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (i) to (v) of the definition of bullying herein. Defines "At school" as on school premises, at any school-sponsored activity or event whether or not it is held on school premises, on a school-transportation vehicle, at an official school bus stop, using property or equipment provided by the school, or creates a material and substantial disruption of the education process or the orderly operation of the school. Requires statewide implementation. Requires the state department of education to prescribe by regulation a statewide bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of bullying at school. The statewide policy applies to all schools and is required to contain the following: (1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation at school; (2) Clear requirements and procedures for students, staff, parents, guardians and others to report bullying or retaliation; (3) A provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report; (4) Clear procedures for promptly responding to and investigating reports of bullying or retaliation; (5) The range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation; provided, however, that the disciplinary actions balance the need for accountability with the need to teach appropriate behavior; and provided, further, that they include (i) A parental engagement strategy; and (ii) A provision that states punishments for violations of the bullying policy shall be determined by the school's appropriate authority; however, no student shall be suspended from school unless it is deemed a necessary consequence of the violations; (6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's needs for protection; (7) Strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying; (8) Procedures for promptly notifying the parents or guardians of a victim and a perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation; and provided, further, that the procedures shall provide for immediate notification of the local law enforcement agency when criminal charges may be pursued against the perpetrator; (9) A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action; (10) A strategy for providing counseling or referral to appropriate services currently being offered by schools or communities for perpetrators and victims and for appropriate family members of said students. The plan shall afford all students the same protection regardless of their status under the law; (11) A provision that requires a principal or designee to be responsible for the implementation and oversight of the bullying policy; (12) Provisions for informing parents and guardians about the bullying policy of the school district or school shall include, but not be limited to: (i) A link to the policy prominently posted on the home page of the school district's website and distributed annually to parents and guardians of students; (ii) A provision for notification, within twenty-four (24) hours, of the incident report, to the parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator of the bullying; (13) A school employee, school volunteer, student, parent, legal guardian, or relative caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school's policy is immune from a cause of action for damages arising from reporting bullying; (14) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability; (15) Students are to be prohibited from accessing social networking sites at school, except for educational or instructional purposes and with the prior approval from school administration. (16) All school districts, charter schools, career and technical schools, approved private day or residential schools and collaborative schools are subject to the requirements of this section. Requires school districts and schools to adopt the statewide bullying policy promulgated pursuant to this section by June 30, 2012. http://www.rilin.state.ri.us/PublicLaws/law11/law11162.htm
Source: http://www.rilin.state.ri.us
Status: Signed into law	Status Date: 06/30/2011