The department shall develop a model policy prohibiting bullying, violence, and threats of violence on or off of school property, on a school bus, or at any school-sponsored function. The model policy, at a minimum, shall contain all of the following components: (1) A statement prohibiting bullying, violence, and threats of violence. (2) Definitions of the terms bullying, as provided in subdivision (1) of Section 16-28B-3, intimidation, and threats of violence. (3) A description of the behavior expected of each student. (4) A series of graduated consequences for any student who commits an act of intimidation, bullying, violence, or threats of violence. Punishment shall conform with applicable federal and state disability, antidiscrimination, and education laws and school discipline policies. (5) A procedure for reporting an act of intimidation, threat of suicide, bullying, violence, or threat of violence. An anonymous report may not be the basis for imposing formal disciplinary action against a student. (6) A procedure for the prompt investigation of reports of serious violations and complaints, specifying that the principal, or his or her designee, is the person responsible for the investigation. (7) A response procedure for a school to follow upon confirmation of an incident of intimidation, bullying, violence, or threats of violence. (8) A statement prohibiting reprisal or retaliation against any person who reports an act of intimidation, violence, threat of violence, or bullying, including the consequences of and any appropriate remedial action that may be taken against a person who engages in such reprisal or retaliation. (9) A statement of the consequences of and appropriate remedial action that may be taken against a person who has deliberately and recklessly falsely accused another. (10) A procedure for publicizing local board policy through publication in the student handbook,, including providing notice that the policy applies to behavior occurring off of school property and to participation in school-sponsored functions, whether the conduct occurs on or off school property, online, or electronically. (11) A clearly defined procedure for students to use in reporting bullying, including, but not limited to, written reports on local board approved complaint forms and written reports of instances of bullying, intimidation, violence, and threats of violence based on the personal characteristics of a student. The complaint form may be served in person or by mail on the principal, or his or her designee, or his or her office. The procedures shall be made known and be readily available to each student, employee, and the parent or guardian of each student. It is the sole responsibility of the affected student, or the parent or guardian of the affected student, to report incidences of bullying to the principal, or his or her designee. (12) A procedure for promulgating rules to implement this chapter, including the development of a model student complaint form. The department shall seek public input in developing and revising the model policy, model complaint form, and any other necessary forms. (13) A procedure for the development of a nonexhaustive list of the specific personal characteristics of a student which may often lead to bullying. Based upon experience, a local board of education may add, but not remove, characteristics from the list. The additional characteristics or perceived characteristics that cause bullying shall be identified by the local board on a case-by-case basis and added to the local board policy. The list shall be included in the code of conduct policy of each local board and included in the student handbook.

(a) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated for the administration of the fund by the council and the Commissioner of Children’s Affairs.

(b) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in the amounts provided for in Section 41-15B-2.1 shall be allocated as follows:

• (2) Twenty-two percent of the fund shall be allocated to the State Board of Education to one or more of the following:
  • a. The operation of alternative schools as defined below:
    • 1. In the initial fiscal year funding after June 9, 1999, the State Board of Education shall distribute a pro rata share of the monies based upon the second month enrollment of the preceding school year to each local board of education which submits a plan that satisfies all of the following criteria:
    • (i) The local board of education shall provide a 25 percent match of all funds for alternative school programs.
    • (ii) The local board of education shall provide suitable facilities for housing alternative school programs.
    • (iii) The plan submitted by each local board of education shall provide multiple tiers of alternative school programs which include, but are not limited to, “in-school suspension,” a short-term alternative school program designed to enable children to perform in the traditional classroom setting, and a long-term program which is a true alternative to expulsion.
    • (iv) The plan as submitted by each local board of education shall outline the educational services which shall be available to each child assigned to the short-term or long-term programs. Those services shall include, but are not limited to, all of the following:
      • A. Remedial education where necessary.
      • B. Counseling, including sessions on conflict resolution.
      • C. Social skills development.
    • (v) Each tier of the local plan shall be curriculum-based to address the goal of academic improvement and shall include, to the extent possible, mandatory parental notification and involvement.
    • (vi) If a local board of education can satisfactorily demonstrate that alternative school programs meeting all of the criteria in this section have been implemented, the allocation to the local board of education for alternative school programs may be directed by the State Board of Education to programs under the School Safety Enhancement Program.
    • (vii) Each year any monies remaining after distribution by the State Board of Education to the local boards of education which meet the criteria pursuant to subparagraph 1. and qualify for a portion of the monies, shall be allocated to those local boards of education demonstrating innovative programs with measurable improvements in academic achievement, attendance, school behavior, and parental involvement.
    • 2. The State Board of Education shall review the programs of each local board of education receiving monies from the fund and shall annually submit a report to the council by July 1. This report shall include all of the following:
    • (i) The number of children served in each tier of the program.
    • (ii) The improvement in academic achievement.
    • (iii) The improvement in behavior.
    • (iv) The improvement in parental involvement.
    • (v) Financial accounting for the state and local monies expended.
    • 3. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this chapter.
    • 4. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support.
  • b.
    • 1. The School Safety Enhancement Program. The amount of monies available to each local board of education shall be determined by the State Board of Education based upon the second month enrollment of the preceding school year. To be eligible to initially receive a portion of the monies, each local board of education shall submit a grant application pursuant to guidelines promulgated by the State Board of Education with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness and financial accountability shall be included in the guidelines. The guidelines shall include all of the following:
    • (i) A component to enhance parental participation in school activities and promote parental responsibility for the performance and behavior of their children.
    • (ii) A requirement for a local 25 percent match of funds for school safety activities, excluding pre-kindergarten programs for at-risk children listed in item (ii) of subparagraph 2.
    • (iii) Sufficient safeguards implemented to ensure that the new monies will increase and not supplant or decrease existing local support.
    • 2. School Safety Enhancement Programs eligible for grants shall be designed to prevent or reduce violence in the schools and communities and reduce school disciplinary or safety problems. The programs shall relate to one or more of the following:
    • (i) Extended day programs with supervised activities including, but not limited to, remedial education; tutorial assistance; arts, music, or other cultural enhancement; and activities for gifted children. Each local board of education may charge a fee based upon income for participation in the programs.
    • (ii) Pre-kindergarten programs for “at-risk” children. These programs do not require the local 25 percent match of funds for school safety activities mandated by item (ii) of subparagraph 1.
    • (iii) Truancy prevention programs which may include additional school attendance personnel and a Saturday school component.
    • (iv) Programs to assist children in dealing with anger and emphasizing acceptable ways of dealing with violence including peer mediation, conflict resolution, and law related education.
    • (v) Safety plans involving the use of metal detectors, other security devices, uniforms, school safety resource officers, or other personnel employed to provide a safe school environment.
    • (vi) Drug, alcohol, or tobacco or gang-related or satanic worshipping-related education, prevention, detection, or enforcement programs.
      • (vii) At-risk identification and intervention programs designed to identify children who are at-risk and coordinate school and community services so that the mental, physical, and social capabilities of the child are enhanced.
    • 3. The State Board of Education shall review the programs of each local board of education which receive monies from the fund and annually submit a report to the council by July 1. This report shall include all of the following:
    • (i) The number of children served.
    • (ii) The improvement in academic achievement.
    • (iii) The improvement in behavior.
    • (iv) The improvement in parental involvement.
      • (v) Financial accounting for the state and local monies expended.
    • 4. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this chapter.
  • c. Any other children’s services provided by the State Board of Education.

This guidebook follows the U.S. Department of Education's Guiding Principles for improving school climate and discipline, and provides LEAs with startegies to create or maintain a positive school climate.