(a) The General Assembly finds that every public school student in this state has the right to receive his or her public education in a public school educational environment that is reasonably free from substantial intimidation, harassment, or harm or threat of harm by another student. (b) As used in this section:

• (1) “Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;
• (2)
  • (A) “Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:
    • (i) Physical harm to a public school employee or student or damage to the public school employee's or student's property;
    • (ii) Substantial interference with a student's education or with a public school employee's role in education;
    • (iii) A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
    • (iv) Substantial disruption of the orderly operation of the public school or educational environment.
  • (B) “Bullying” includes cyberbullying as defined in this section;
• (3) “Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:
  • (A) Harass, intimidate, humiliate, ridicule, defame, or threaten a student, public school employee, or person with whom the other student or public school employee is associated; or
  • (B) Incite violence against a student, public school employee, or person with whom the other student or public school employee is associated;
• (4) “Electronic act” means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless phone or other wireless communications device, computer, or pager;
• (5) “Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and
• (6) “Substantial disruption” means without limitation that any one (1) or more of the following occur as a result of the bullying:
  • (A) Necessary cessation of instruction or educational activities;
  • (B) Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
  • (C) Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
  • (D) Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.