§ 53G-9-605 — Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.

(1) An LEA governing board shall adopt a bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.
(2) The LEA governing board shall:
(2)(a) develop the policy with input from:
(2)(a)(i) students;
(2)(a)(ii) parents;
(2)(a)(iii) teachers;
(2)(a)(iv) school administrators;
(2)(a)(v) school staff; or
(2)(a)(vi) local law enforcement agencies; and
(2)(b) provide protection to a student, regardless of the student's legal status.
(3) The LEA governing board shall include the following components in the policy:
(3)(a) definitions of bullying, cyber-bullying, hazing, abusive conduct, and retaliation that are consistent with this part;
(3)(b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
(3)(c) language prohibiting retaliation as described in Section 53G-9-603;
(3)(d) language prohibiting making a false report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation;
(3)(e) language outlining appropriate punishments for a student who shares a recording of an act of bullying, cyber-bullying, hazing, abusive conduct, and retaliation in order to impact or encourage future incidents;
(3)(f) as required in Section 53G-9-604, a process for parental notification of:
(3)(f)(i) a student's threat of suicide;
(3)(f)(ii) an incident involving the parent's student; and
(3)(f)(iii) implementation of the school's action plan to address the incident;
(3)(g) a grievance process for a school employee who has experienced abusive conduct;
(3)(h) a requirement that the school or LEA create and implement an action plan for each incident in accordance with Section 53G-9-605.5;
(3)(i) a communication process requiring the school or LEA regularly updates each parent of a student involved in an incident regarding implementation of an action plan, including:
(3)(i)(i) the outcome of the school's or LEA's investigation;
(3)(i)(ii) a discussion of safety considerations for the student who is the subject of the incident; and
(3)(i)(iii) an explanation of the school's or LEA's process for addressing the incident; and
(3)(j) a requirement for a signed statement annually, indicating that the individual signing the statement has received the LEA governing board's policy, from each:
(3)(j)(i) school employee;
(3)(j)(ii) student who is at least eight years old; and
(3)(j)(iii) parent of a student enrolled in the LEA.
(4) An LEA shall, in relation to the policy described in this section:
(4)(a) include a copy in student conduct handbooks;
(4)(b) include a copy in employee handbooks; and
(4)(c) provide a copy to a parent of a student enrolled in the charter school or school district.
(5) A policy may not permit formal disciplinary action that is based solely on an anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
(6) Nothing in this part is intended to infringe upon the right of a school employee, parent, or student to exercise the right of free speech.

Legislative History

Amended by Chapter 21, 2024 General Session