Arkansas - Bullying Harassment and Intimidation Policy: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law requires districts to adopt comprehensive anti-bullying policies addressing all U.S. Department of Education-recommended policy requirements.

2017 Arkansas Code 6-18-514. Antibullying policies

(e)

  • (1) The board of directors of every school district shall adopt policies to prevent bullying.
  • (2) The policies shall:
    • (A)
      • (i) Clearly define conduct that constitutes bullying.
      • (ii) The definition shall include without limitation the definition contained in subsection (b) of this section;
    • (B) Prohibit bullying:
      • (i) While in school, on school equipment or property, in school vehicles, on school buses, at designated school bus stops, at school-sponsored activities, at school-sanctioned events; or
      • (ii)
        • (a) By an electronic act that results in the substantial disruption of the orderly operation of the school or educational environment.
        • (b) This section shall apply to an electronic act whether or not the electronic act originated on school property or with school equipment, if the electronic act is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose;
    • (C) State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;
    • (D) Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of bullying as defined by the district shall report the incident to the principal;
    • (E) Require that the person or persons who file a complaint will not be subject to retaliation or reprisal in any form;
    • (F) Require that notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district; and
    • (G) Require that copies of the notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be provided to parents, students, school volunteers, and employees. Each policy shall require that a full copy of the policy be made available upon request.

(f) A school district shall provide training on compliance with the antibullying policies to all public school district employees responsible for reporting or investigating bullying under this section.

(g) A school employee who has reported violations under the school district's policy shall be immune from any tort liability that may arise from the failure to remedy the reported incident.

(h) The board of directors of a school district may provide opportunities for school employees to participate in programs or other activities designed to develop the knowledge and skills to prevent and respond to acts covered by this policy.

(i) The school district shall provide the Department of Education with the website address at which a copy of the policies adopted in compliance with this section may be found.

(j) This section is not intended to:

  • (1) Restrict a public school district from adopting and implementing policies against bullying or school violence or policies to promote civility and student dignity that are more inclusive than the antibullying policies required under this section; or
  • (2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or freedom of assembly.

2017 Arkansas Code 6-18-514. Antibullying policies

(e)

  • (1) The board of directors of every school district shall adopt policies to prevent bullying.
  • (2) The policies shall:
    • (A)
      • (i) Clearly define conduct that constitutes bullying.
      • (ii) The definition shall include without limitation the definition contained in subsection (b) of this section;
    • (B) Prohibit bullying:
      • (i) While in school, on school equipment or property, in school vehicles, on school buses, at designated school bus stops, at school-sponsored activities, at school-sanctioned events; or
      • (ii)
        • (a) By an electronic act that results in the substantial disruption of the orderly operation of the school or educational environment.
        • (b) This section shall apply to an electronic act whether or not the electronic act originated on school property or with school equipment, if the electronic act is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose;
    • (C) State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;
    • (D) Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of bullying as defined by the district shall report the incident to the principal;
    • (E) Require that the person or persons who file a complaint will not be subject to retaliation or reprisal in any form;
    • (F) Require that notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district; and
    • (G) Require that copies of the notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be provided to parents, students, school volunteers, and employees. Each policy shall require that a full copy of the policy be made available upon request.

(f) A school district shall provide training on compliance with the antibullying policies to all public school district employees responsible for reporting or investigating bullying under this section.

(g) A school employee who has reported violations under the school district's policy shall be immune from any tort liability that may arise from the failure to remedy the reported incident.

(h) The board of directors of a school district may provide opportunities for school employees to participate in programs or other activities designed to develop the knowledge and skills to prevent and respond to acts covered by this policy.

(i) The school district shall provide the Department of Education with the website address at which a copy of the policies adopted in compliance with this section may be found.

(j) This section is not intended to:

  • (1) Restrict a public school district from adopting and implementing policies against bullying or school violence or policies to promote civility and student dignity that are more inclusive than the antibullying policies required under this section; or
  • (2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or freedom of assembly.
Policy Links: