12.3(13) Policy declaring harassment and bullying against state and school policy

• b. A definition of harassment and bullying consistent with the following: Harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on the student's actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:
• (1) Places the student in reasonable fear of harm to the student's person or property.
• (2) Has a substantially detrimental effect on the student's physical or mental health.
• (3) Has the effect of substantially interfering with a student's academic performance.
• (4) Has the effect of substantially interfering with the student's ability to participate in or benefit from the services, activities, or privileges provided by a school. The local board policy must set forth all 17 of the above-enumerated traits or characteristics, but does not need to be limited to the 17 enumerated traits or characteristics.

2. Definitions: For purposes of this section, unless the context otherwise requires:
   • a. “Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
   • b. “Harassment” and “bullying” shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:
   • 1. Places the student in reasonable fear of harm to the student’s person or property.
   • 2. Has a substantially detrimental effect on the student’s physical or mental health.
   • 3. Has the effect of substantially interfering with a student’s academic performance.
   • 4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.