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HB1125.html
04 LC 22 5469S
House Bill 1125 (COMMITTEE
SUBSTITUTE) By: Representatives Hugley of the
113th, Hill of the 81st, Jordan of the 83rd,
Dix of the 70th, Post 2, Buckner of the 109th, and others
A BILL TO BE
ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to elementary and secondary education, so as to make
certain changes relating to local school board policies regarding bullying in
student codes of conduct; to change the definition of "bullying behavior"; to
provide that policies relating to bullying behavior apply to students in
kindergarten through grade 12; to change the content of local school board
policies; to require training on bullying behavior for certain school system
personnel; to provide that local school systems provide information to the
Department of Education on the number and disposition of bullying incidents
reported; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary and secondary education, is amended by
striking Code Section 20-2-751.4, relating to policies prohibiting bullying,
assignment to alternative school, and notice, in its entirety and inserting in
lieu thereof the
following: "20-2-751.4. (a)
As used in this Code section, the term 'bullying behavior'
means: any pattern of written or verbal expression or any
physical act or gesture that is intended to ridicule, humiliate, intimidate, or
cause measurable physical or emotional distress upon one or more students in the
school, on school grounds, in school vehicles, at designated school bus stops,
or at school activities or sanctioned
events.
(1) Any willful attempt or threat
to inflict injury on another person, when accompanied by an apparent present
ability to do so; or
(2) Any
intentional display of force such as would give the victim reason to fear or
expect immediate bodily harm. (b) Each local
board of education shall adopt policies, applicable to students in
grades six kindergarten through grade 12, that
prohibit bullying of a student by another behavior
by
a student and shall require such
prohibition to be included in the student code of conduct for elementary,
middle, and high schools in that school system. Local board policies
shall: (1) Require
require that, upon a finding that a student has committed the
offense of bullying behavior for the third time in a school year, such
student shall be assigned to an alternative school. program,
excluding students in kindergarten or grades one through
five; (2) Require that each reported incident of
bullying behavior is investigated and a disposition
determined; (3) Include procedures for handling
anonymous reporting of incidents of bullying behavior, including the protection
of the identity of the alleged victim of an incident of bullying
behavior; (4) Include procedures for the
reporting of an alleged incident of bullying behavior by a parent of a student;
and (5) Include disciplinary procedures and
consequences to the student for the
student´s
submission of a false report of an incident of bullying
behavior. Each local board of education shall
ensure that students and parents of students are notified of the prohibition
against bullying behavior, and the penalties for violating the
prohibition, by posting such information at each elementary,
middle, and high school and by including such information in student and
parent handbooks. (c) Each local board of education
shall ensure that the local superintendent and all principals, assistant
principals, school counselors, resource officers, and other appropriate staff
complete a research based training program relating to bullying
behavior. (d) Each local board of education
shall include the number of incidents of bullying behavior reported in its
school system and the disposition of such incidents in the annual report
required to be submitted to the Department of Education pursuant to Code Section
20-2-740. (e) Any school system which is
not in compliance with the requirements of this Code section shall be ineligible
to receive state funding pursuant to Code Sections 20-2-161 and
20-2-260."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.
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