David’s Law Overview 2017 Rod Pruitt, MA Region 14 ESC rpruitt@esc14.net
Bullying means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that… 2 1 3 4 Is so severe, Physically harms a Materially and Infringes on the persistent, or student, damages substantially disrupts rights of the victim pervasive that it the student’s the educational at school. creates an abusive, property, or places process or school threatening, or the student in operations; or intimidating reasonable fear of educational physical harm or environment for a property damage; student;
Cyberbullying means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and uses any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other internet-based communication tool that… 2 1 3 occurs off school property occurs on or is delivered to interferes with a student’s or outside of a school- school property or to the educational opportunities; or sponsored or school-related site of a school-sponsored substantially disrupts the or school-related activity on activity if the cyberbullying orderly operation of a classroom, school, or school- or off school property sponsored or school-related activity.
School Districts SHALL… 1 2 3 4 must establish a Prohibit Provide notice to a Prohibit parent of an reporting system retaliation bullying alleged victim of (with available against a victim, bully on or before counseling witness, or 3 working days another person options) to now after the date include the bully report procedures for a was received. student to Provide notice to anonymously parent of an report an alleged bully within 7 working days incident of bullying
School Districts SHALL… 7 6 5 8 If the victim School counselors prohibit A victim of chooses not to SHALL: Serve as disciplinary Bullying SHALL transfer, the an “impartial, non- measure on a be offered the board may reporting student who is right to be transfer the conciliator for found to be a transferred to a offender to a interpersonal victim of bullying, different campus different campus, conflicts and on the basis of or classroom classroom, or discord involving that student's use district or provide than the two or of reasonable significant offender or to a more students self-defense in measure of arising out of response to the neighboring supervision and accusations of bullying school district. protection. bullying.”
A bully MAY be removed to a DAEP or Expelled if- 1 3 2 4 Releases or Intimate visual Incites The bullying material is threatens to violence encourages a material that release intimate against a depicts a person: student to visual material student commit or (A) with the of a student person's intimate (minor or 18 and through group attempt parts exposed; or older) without bullying. suicide. that student’s (B) engaged in sexual conduct consent.
Principals or Designee, other than a counselor, MAY report to law enforcement after the investigation if the principal has reasonable grounds to believe the student has engaged in assault or harassment. 2 1 3 Assault- when a Harassment- Employees and person intentionally, Repeated volunteers are knowingly, or e-communications immune from recklessly causes in a manner likely liability or bodily injury to another person. An to “harass, annoy, discipline related assault must involve a alarm, abuse, to reporting. victim and a torment, perpetrator(s) and the embarrass, or victim must receive offend another.” bodily injury.
School districts MAY establish a district- wide policy to assist in the prevention and mediation of bullying between students that: 1 2 Interferes with a substantially student’s disrupts the orderly educational operation of a opportunities or classroom, campus, or school activity.
Parents and Injunctions/Criminal Penalties Concerning Bullying 4 3 2 1 Criminal Penalties for Forms will be Legal actions Students who the minor student available from and their parent if may include: are local law the: Harassment by restraining cyberbullied e-communication enforcement. encourage suicide or orders, and their Students or conduct that causes temporary parents will be serious bodily self- their parent will injury. injunctions, able to obtain only have to If the bully has permanent prove that injunctions or previously violated a cyberbullying injunctions other legal restraining order or occurred. injunction. actions
Recommend
More recommend
