Category
Bullying Policy—Prohibitions
Category
Bullying Policy—Prohibitions
State law prohibits bullying behavior.
Indiana Code 20-33-8-13.5 Disciplinary rule requirements — Section does not give rise to cause of action.
(a) Discipline rules adopted by the governing body of a school corporation under section 12 [IC 20-33-8-12] of this chapter must:
- (1) prohibit bullying; and
- (2) include:
- (A) provisions concerning education, parental involvement, and intervention;
- (B) a detailed procedure for the expedited investigation of incidents of bullying that includes:
- (i) appropriate responses to bullying behaviors, wherever the behaviors occur;
- (ii) provisions for anonymous and personal reporting of bullying to a teacher or other school staff;
- (iii) timetables for reporting of bullying incidents to the parents of both the targeted student and the bully, in an expedited manner;
- (iv) timetables for reporting of bullying incidents to school counselors, school administrators, the superintendent, or law enforcement, if it is determined that reporting the bullying incident to law enforcement is necessary;
- (v) discipline provisions for teachers, school staff, or school administrators who fail to initiate or conduct an investigation of a bullying incident; and
- (vi) discipline provisions for false reporting of bullying; and
- (C) a detailed procedure outlining the use of follow-up services that includes:
- (i) support services for the victim; and
- (ii) bullying education for the bully.
(b) The discipline rules described in subsection (a) may be applied regardless of the physical location in which the bullying behavior occurred, whenever:
- (1) the individual committing the bullying behavior and any of the intended targets of the bullying behavior are students attending a school within a school corporation; and
- (2) disciplinary action is reasonably necessary to avoid substantial interference with school discipline or prevent an unreasonable threat to the rights of others to a safe and peaceful learning environment.
(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:
- (1) computer;
- (2) computer system;
- (3) computer network; or
- (4) cellular telephone or other wireless or cellular communications device.
(d) This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section. Noncompliance with this section may not be used as evidence against a school corporation in a cause of action.
(e) A record made of an investigation, a disciplinary action, or a follow-up action performed under rules adopted under this section is not a public record under IC 5-14-3.
(f) The department shall periodically review each policy adopted under this section to ensure the policy’s compliance with this section.