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
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, 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. (1) Before December 31, 2010, each local school district shall adopt a policy prohibiting bullying or harassing behavior.
(2) The policy shall contain, at a minimum, the following components:
(a) A statement prohibiting bullying or harassing behavior.
(b) A definition of bullying or harassing behavior no less inclusive than that set forth in this act.
(c) A description of the type of behavior expected for each student and school employee.
(d) Consequences and appropriate remedial action for a person who commits an act of bullying or harassment.
(e) A procedure for reporting an act of bullying or harassment, including a provision that permits a person to report such an act anonymously. This shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(f) A procedure for prompt investigation of reports of serious violations and complaints of any act of bullying or harassment, identifying either the principal or the principal's designee as the person responsible for the investigation.
(g) A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or harassment, and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation.
(h) A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in school-sponsored functions.
(3) Nothing in this act shall prohibit a local school district from adopting a policy that includes components beyond the minimum components provided in this act or that is more inclusive than the requirements of this act.
(4) Notice of the local policy shall appear in any school district publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the school district and in any student and school employee handbook.
(5) Information regarding the local policy against bullying or harassing behavior shall be incorporated into a school's employee training program.
(6) To the extent funds are appropriated for these purposes, a local school district shall, by July 1, 2011, provide training on the local policy to school employees and volunteers who have significant contact with students.
SECTION 3. Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying or harassing behavior.
SECTION 4. (1) This act shall not be construed to permit school officials to punish student expression or speech based on an undifferentiated fear or apprehension of disturbance or out of a desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.
(2) This act shall not be interpreted to prevent a victim of bullying or harassing behavior from seeking redress under any other available law, either civil or criminal.
(3) Nothing in this act shall be construed to require an exhaustion of the school district complaint process before civil or criminal law remedies may be pursued regarding bullying or harassing behavior.
(4) The provisions of this act are severable, and if any provision of this act is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of this act which can be given effect without the invalid provision.
(5) The provisions of this act shall be liberally construed to give effect to its purposes.
(6) Nothing in this act shall be construed to create any classification, protected class, suspect category, or preference beyond those existing in present statute or case law.
SECTION 5. This act shall take effect and be in force from and after July 1, 2010.