(4) By December 31, 2020, the office of the superintendent of public instruction must develop a statewide training class for those people in each school district who act as the primary contact regarding the policy and procedure prohibiting harassment, intimidation, and bullying as provided in subsection (1) of this section. The training class must be offered on an annual basis by educational service districts in collaboration with the office of the superintendent of public instruction. The training class must be based on the model policy and procedure prohibiting harassment, intimidation, and bullying as provided in subsection (3) of this section and include materials related to hazing and the Washington state school directors’ association model transgender student policy and procedure as provided in RCW 28A.642.080.

(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

• (a) “Electronic” means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.
• (b)
• (i) “Harassment, intimidation, or bullying” means any intentional electronic, written, verbal, or physical act including, but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A.640.010, or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:
• (A) Physically harms a student or damages the student’s property;
• (B) Has the effect of substantially interfering with a student’s education;
• (C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
• (D) Has the effect of substantially disrupting the orderly operation of the school.
• (ii) Nothing in (b)(i) of this subsection requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.

Harassment, intimidation, or bullying – is an intentional electronic, written, verbal, or physical act that:

• Physically harms a student or damages the student’s property.
• Has the effect of substantially interfering with a student’s education.
• Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment.
• Has the effect of substantially disrupting the orderly operation of the school.

Conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.

Conduct that may rise to the level of harassment, intimidation, and bullying may take many forms, including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation, or bullying.