ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: ED DPA/SE 7-0-0-0 |3rd Read 17-12-1-0

---

SB 1508: technical correction; additional judges

NOW: bullying; definition

Sponsor: Senator Bolick, LD 2

Committee on Education

Overview

Prescribes definitions of bullying, cyberbullying, harassment and intimidation that a school district governing board (governing board) must include in its policies to prohibit the harassment, intimidation and bullying of students.

History

A governing board must prescribe and enforce policies and procedures to prohibit students from harassing, intimidating and bullying other students on school grounds, on school property, on school buses, at school bus stops, at school-sponsored events and activities and through the use of electronic technology or communication on school computers, networks, forums and mailing lists that include: 1) procedures for the confidential reporting of harassment, intimidation or bullying; 2) a requirement for employees to report suspected harassment, intimidation or bullying; 3) a requirement for school officials to provide students or an alleged victim a copy of the rights, protections and support services available; 4) formal processes for documenting and investigating reported harassment, intimidation or bullying; 5) disciplinary procedures for students who have harassed, intimidated or bullied; 6) consequences for submitting false reports of harassment, intimidation or bullying; and 7) procedures to protect students who are physically harmed due to harassment, intimidation and bullying (A.R.S. § 15-341).

Harass means conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed and that, in fact, seriously alarms, annoys, humiliates or mentally distresses the person (A.R.S. § 13-2921).

A person commits threatening or intimidating if they threaten or intimidate by word or conduct to cause: 1) physical injury or serious damage to the property of another person; 2) serious public inconvenience, including reckless disregard to causing such an inconvenience; or 3) physical injury or damage to the property of another person to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, criminal syndicate or a racketeering enterprise (A.R.S. § 13-1202).

Provisions

1. Requires a governing board's policies to prohibit the harassing, intimidating and bullying of students to include a definition of bullying that means a single significant act or pattern of acts by a student that:

a) is directed at another student;

b) exploits an imbalance of power;

c) involves written or verbal expression or expression through electronic means or physical conduct;

d) occurs on or is delivered to school property, a school-sponsored activity, a school-related activity, a school district vehicle or a vehicle used to transport students to school, a school-sponsored activity or a school-related activity; and

e) meets any of the following:

i. results in physical harm or substantial negative mental health effects to a student or damage to a student's property;

ii. places a student in reasonable fear of harm or damage to their property;

iii. is sufficiently severe, persistent and pervasive that the conduct or threatened conduct creates an intimidating, threatening or abusive educational environment for a student;

iv. materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or

v. infringes on the rights of a student at school. (Sec. 1)

2. Adds, to a governing board's policies to prohibit the harassing, intimidating and bullying of students, a definition of cyberbullying that substantially:

a) means bullying conducted through an electronic communication device or email, instant or text messaging, a social media application, an internet website or any other internet-based communication platform; and

b) includes any conduct or communication delivered to school property, a school-sponsored activity or a school-related activity if the conduct or communication interferes with a student's educational opportunities or substantially disrupts the orderly operation of a classroom, school, school-sponsored activity or school-related activity. (Sec. 1)

3. Specifies the devices included in electronic communication device as it relates to the definition of cyberbullying. (Sec. 1)

4. Requires the definitions of harassment and intimidation in a governing board's policies to prohibit the harassing, intimidating and bullying of students to be consistent with the definitions in the Arizona Criminal Code. (Sec. 1)

5. Makes technical changes. (Sec. 1)

6.

7.

8. ---------- DOCUMENT FOOTER ---------

9.                   SB 1508

10. Initials CH           Page 0 Education

11.

12. ---------- DOCUMENT FOOTER ---------