House Bill 346

AN ACT TO AMEND SECTION 37-11-67, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "BULLYING OR HARASSING BEHAVIOR," AS USED IN THE STATUTE PROHIBITING SUCH ACTS BY STUDENTS AND SCHOOL EMPLOYEES, TO SPECIFY CERTAIN DIFFERENTIATING CHARACTERISTICS THAT BULLYING IS COMMONLY MOTIVATED BY; TO DEFINE AND INCLUDE "CYBERBULLYING" INVOLVING STUDENTS OR SCHOOL EMPLOYEES AS A PROHIBITED FORM OF BEHAVIOR; TO AMEND SECTION 37-11-69, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS' PERSONNEL POLICIES, DISCIPLINE POLICIES AND CODES OF STUDENT CONDUCT TO INCLUDE CYBERBULLYING AS A PROHIBITED ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AGE-APPROPRIATE CURRICULUM GUIDELINES RELATING TO BULLYING; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE IN-SERVICE TRAINING TO ALL SCHOOL EMPLOYEES ON BULLYING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-67, Mississippi Code of 1972, is amended as follows:

37-11-67. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "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, including: race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other distinguishing personal characteristic or association with another person identified with such a characteristic. Bullying that is a violation of this section is that which takes place on school property, at any school-sponsored function, or on a school bus, and * * *~~that~~ which:

( * * *ai) Places a student or school employee in actual * * *~~and~~ or reasonable fear of harm to his or her person or damage to his or her property; or

( * * *bii) 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,~~

(b) "Cyberbulling" means a form of bullying that occurs through the use of technology or any electronic communication including, but not limited to, a transmission of a message, text or signs, signals, writings, images, sounds, data or intelligence of any nature transmitted by the use of an electronic device including, but not limited to, a computer, telephone, cellular telephone, text messaging device, pager or other wireless communication device. Cyberbullying that is a violation of this section is not limited to that which takes place on school property, at a school-sponsored function or on a school bus if the cyberbullying has a result described in paragraph (a)(i) or (ii) of this subsection.

(c) "Hostile environment" means that the victim subjectively views the conduct as bullying, cyberbullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying, cyberbullying or harassing behavior.

(2) No student or school employee shall be subjected to bullying, cyberbullying 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, cyberbullying 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, cyberbullying 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, cyberbullying or harassing behavior should report the incident to the appropriate school official.

(6) Conduct described in subsection (1) of this section is considered bullying if that conduct interferes with a student's education or substantially disrupts the operation of a school.

SECTION 2. Section 37-11-69, Mississippi Code of 1972, is amended as follows:

37-11-69. (1) Each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying * * * or, including cyberbullying, and harassing behavior and adopt procedures for reporting, investigating and addressing such behavior, that:

(a) Prohibit the bullying of a student;

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

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

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

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

(g) Prohibit 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) Require 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.).

(2) 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.

(3) The procedure for reporting bullying established under subsection (1) of this section must be posted on the district's Internet website.

SECTION 3. (1) The State Department of Education shall develop and issue age-appropriate curriculum guidelines to school districts relating to bullying, cyberbullying and harassing behavior. The curriculum guidelines must be designed to provide education and information to students regarding bullying, including information regarding the school district policy prohibiting bullying, the harmful effects of bullying and the proper means of reporting persons believed to have engaged in bullying, reprisal or retaliation against a person who has reported an act of bullying.

(2) The State Department of Education shall require school districts to conduct in-service training relating to bullying, cyberbullying and harassing behavior for all school district employees. The training required under this subsection may be accomplished as part of a scheduled in-service training session or via online virtual or prerecorded presentation of the relevant information and materials, including an explanation of the school district's policy against bullying and harassing behavior and the obligations and rights of school employees under the policy.

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.