1502.3 A covered entity's bullying prevention policy shall at a minimum include the following elements: (a) The legal definition of bullying set forth above; (b) A statement prohibiting bullying, including cyberbullying; (c) A statement prohibiting retaliation against a victim or witness of bullying, or a person who reports bullying; (d) A statement that the policy applies at all of the locations listed in § 1501; (e) A code of conduct; (f) A list of consequences that can result from an identified incident of bullying that are designed to:

• (1) Appropriately correct the behavior deemed to be bullying;
• (2) Prevent future occurrences of bullying or retaliation;
• (3) Ensure the safety and well-being of the person who has reportedly experienced or is reportedly at risk for future acts of bullying or retaliation; and
• (4) Be flexible in application, appropriate to the individual incident, and varied in method and severity based on the:
  • (A) Nature of the incident;
  • (B) Developmental age of the person exhibiting bullying behaviors; and
  • (C) Any history of problem behavior of all students involved in the incident(s) and where available, history of behavioral concerns documented in an Individualized Education Program (IEP) or 504 plan as a result of a disability under the Individuals with Disabilities Education Act (IDEA), approved Dec. 3, 2004 (118 Stat. 2647; 20 U.S.C. §§ 1400 et seq.) or Section 504 of the 1973 Rehabilitation Act, approved Sept. 26, 1973 (87 Stat. 394; 29 U.S.C. § 794). (g) A mechanism and procedures for staff, students, parents/guardians, and others to report bullying, retaliation for reporting bullying, or other violations of the bullying prevention policy that permits anonymous reporting, provided however, that no formal response shall be taken solely on the basis of anonymous reporting; (h) A procedure for prompt investigation of reports of bullying, retaliation, or other violations of the bullying prevention policy that identifies the name and contact information for the person(s) responsible for investigating bullying and retaliation; (i) A secondary investigation appeal process, consistent with § 1506, for a person accused of bullying or a person who is the target of bullying or retaliation who is not satisfied with the outcome of an initial investigation under § 1505; and (j) A statement that retaliation against any person for reporting an incident of bullying is prohibited and a description of the possible consequences for a person who engages in retaliatory behavior.

The model policy is intended to guide LEAs in developing and adopting their own policies to prevent and address bullying. The model policy encourages LEAs to develop a referral process to direct youth involved in bullying incidents, whether as bullies, victims, or witnesses, to appropriate services or to provide appropriate remedial services.