FILE:  JCDAF

Cf:  EBBB, JAA

Cf:  JCD, JCDAH, JCEA

BULLYING

The East Baton Rouge Parish School Board is committed to maintaining a safe, orderly, civil, and positive learning environment so that no student feels bullied, threatened, or harassed while in school or participating in school-related activities.  Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all.  Therefore, all statements or actions of bullying, or similar behavior such as threatening or harassment, made on campus, at school-sponsored activities or events, on school buses, at school bus stops, and on the way to and from school shall not be tolerated.  Even if made in a joking manner, these statements, or actions of bullying, or similar behavior towards other students, school personnel, or school property shall be unacceptable.

All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.

Bullying shall mean:

1. A pattern of any one or more of the following:

2. Where the pattern of behavior as enumerated above is exhibited toward a student, more than once, by another student or group of students and occurs, or is received by, a student while on school property, at a school-sponsored or school-related function or activity, in any school bus or van, at any designated school bus stop, in any other school or private vehicle used to transport students to and from schools, or any school-sponsored activity or event.

    

3. The pattern of behavior as provided above must have the effect of physically harming a student, placing the student in reasonable fear of physical harm, damaging a student's property, placing the student in reasonable fear of damage to the student's property, or must be sufficiently severe, persistent, and pervasive enough to either create an intimidating or threatening educational environment, have the effect of substantially interfering with a student's performance in school, or have the effect of substantially disrupting the orderly operation of the school.

NOTICE TO STUDENTS AND PARENTS

Each principal shall require that every student be provided, orally and in writing, an orientation during the first five days of each school year of this policy of the prohibition against bullying, or similar behavior of a student by another student; the nature and consequences of such actions; including suspension, expulsion, or including the possibility of suspension of a student’s driver's license for one year; and possible criminal consequences of violent acts committed on school property, at a school-sponsored function, or in a fire-arm free zone.  The proper process and procedure for reporting any incidents involving such prohibited actions shall be included in the orientation.  The orientation shall be age specific, grade appropriate and shall give full consideration as to whether the student is in regular or special program of education.  A copy of the written notice shall also be delivered to each student's parent or legal guardian.

REPORTING

The principal or his/her designee shall receive complaints alleging violations of this policy.  All employees, parents, volunteers, or any other school personnel shall report alleged violations to the principal or his/her designee.  Any written or oral report of an act of bullying, or similar behavior shall be considered an official means of reporting such act(s). Complaints, reports, and investigative reports of bullying, or similar behavior shall remain confidential, with limited exception of state or federal law.

The reporting of incidents of bullying, or similar behavior shall be made on the Bullying Report form (Check Louisiana Department of Education “LDOE” website for current version), which shall include an affirmation of truth.  Any bullying, or similar behavior report submitted, regardless of recipient, shall use this form, but additional information may be provided.  The form shall be available on the website of each school.

Students and Parents

Any student who believes that he/she has been, or is currently, the victim of bullying, or similar behavior, or any student, parent, or guardian, who witnesses bullying, or similar behavior or has good reason to believe bullying, or similar behavior is taking place, may report the situation to a school official, who in turn shall report the situation to the principal or his/her designee.  A student, or parent or guardian, may also report concerns regarding bullying, or similar behavior to a teacher, counselor, other school employee, or to any parent chaperoning or supervising a school function or activity.  Any such report shall remain confidential.

School Personnel

Any teacher, counselor, bus operator, or other school employee, whether full- or part-time, and any parent/volunteer chaperoning or supervising a school function or activity, who witnesses or learns of bullying, or similar behavior from a student or parent, shall report the incident to the principal or his/her designee.  Verbal reports shall be submitted by the employee or parent/volunteer on the same day as the employee or parent/volunteer witnessed or otherwise learned of the incident, and a written report shall be filed no later than two (2) days thereafter.

All other members of the school community, including students, parents/legal guardians, volunteers, and visitors shall be encouraged to report any act that may be a violation of this policy to the principal or his/her designee.

False Reports

Intentionally making false reports about bullying, or similar behavior to school officials shall be prohibited conduct and shall result in appropriate disciplinary measures as determined by the School District’s Student Rights and Responsibilities Handbook and Disciplinary (Handbook) and rules and regulations of LDOE.

INVESTIGATION PROCEDURE

Investigations of any reports of bullying, or similar behavior of a student by another student shall be in accordance with the following:

1. Timing
   
   The school shall begin an investigation of any complaint that is properly reported and that alleges the prohibited conduct the next business or school day after the report is received by the principal or his/her designee.  The investigation shall be completed not later than ten (10) school days after the date the written report of the incident is submitted to the principal or his/her designee.  If additional information is received after the end of the ten-day period, the school principal or his/her designee shall amend all documents and reports required to reflect such information.

2. Scope of investigation
   
   An investigation shall include documented interviews of the reporter, the alleged victim, the alleged bully or offender, and any witnesses, and shall include obtaining copies or photographs of any audio-visual evidence.  Interviews must be conducted privately, separately, and confidentially.  At no time shall the alleged offender and alleged victim be interviewed together.
   
   The principal or his/her designee shall collect and evaluate all facts using the Bullying Investigation form.  The principal or his/her designee should also review the latest guidance from the LDOE relative to the procedures and processes to be used to report and investigate bullying.

3. Parental Notification
   
   Upon receiving a report of bullying, or similar behavior, the school shall notify the parents or legal guardians of the alleged offender and the alleged victim no later than the following business or school day.  Delivery of notice to the parents or legal guardians by an involved student shall not constitute the required parental notice.
   
   Before any student under the age of eighteen (18) is interviewed, his/her parent or legal guardian shall be notified by the principal or his/her designee of the allegations made and shall have the opportunity to attend any interviews with their child conducted as part of the investigation.  If after three attempts in a forty-eight-hour period, the parents or legal guardians of a student cannot be reached or do not respond, the student may be interviewed,
   
   All meetings with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged offender shall be in compliance with the following:

4. Documentation
   
   At the conclusion of an investigation of bullying, or similar behavior, and after meeting with the parents or legal guardians, the principal or his/her designee or School Board shall:

During the pendency of an investigation, the principal or his/her designee may take immediate steps, in consultation with the Central Office, to protect the alleged victim, students, teachers, administrators or other school personnel pending completion of the investigation.

APPEAL

If the school principal or his/her designee does not take timely and effective action, the student, parent, or school employee may report, in writing, the incident to the School Board. The School Board shall begin an investigation of any properly reported complaint that alleges prohibited conduct the next business day during which school is in session after the report is received by the School Board.

If the School Board does not take timely and effective action, the student, parent, or other school employee may report any bullying incident to the Louisiana Department of Education.

DISCIPLINARY ACTION

Once a report has been received at a school, and a school principal or his/her designee has determined that an act of bullying, or similar behavior has occurred, and after having met with the parent or legal guardian of the student involved, the principal or his/her designee, or applicable school official shall take prompt and appropriate disciplinary action against the student, and, if appropriate, report conduct which constitutes bullying to law enforcement.  Counseling and/or other interventions may also be recommended.

Students may be disciplined for off-campus bullying, or similar behavior the same as if the improper conduct occurred on campus, if the action of the offender substantially interferes with the education opportunities or educational programs of the student victim and/or adversely affects the ability of the student victim to participate in or benefit from the school’s education programs or activities.

PARENTAL RELIEF

If a parent, legal guardian, teacher, or other school official has made four (4) or more reports of separate instances of bullying, and no investigation pursuant to state law or this policy has occurred, the parent or legal guardian of the alleged victim may request that the student be transferred to another school operated by the School Board.

Such request shall be filed with the Superintendent.  Upon receipt of the request to transfer the student to another school, the Superintendent shall make a seat available at another school under the School Board’s authority within ten (10) school days of the parent or legal guardian's request for a transfer.  If the School Board has no other school under its authority serving the grade level of the victim, within fifteen (15) school days of receiving the request, the Superintendent shall:

1. Inform the student and his/her parent or legal guardian and facilitate the student's enrollment in a statewide virtual school.

    

2. Offer the student a placement in a full-time virtual program or virtual school under the School Board’s authority.

    

3. Enter into a memorandum of understanding with the Superintendent or director of another governing authority to secure a placement and provide for the transfer of the student to a school serving the grade level of the student, in accordance with statutory provisions.

If no seat or other placement is made available within thirty (30) calendar days of the receipt of the request by the Superintendent, the parent or legal guardian may request a hearing with the School Board, which shall be public or private at the option of the parent or legal guardian.  The School Board shall grant the hearing at the next scheduled meeting or within sixty (60) calendar days, whichever is sooner.

At the end of any school year, the parent or legal guardian may make a request to the School Board to transfer the student back to the original school.  The School Board shall make a seat available at the original school that the student attended.  No other schools shall qualify for transfer under this provision.

TRAINING

The Superintendent shall create a program for principals to use to provide a minimum of four (4) hours of training for all new employees who have contact with students and two (2) hours of training each subsequent year for all school employees who have contact with students, including bus operators, with respect to bullying.  The training shall specifically include the following:

1. How to recognize the behaviors defined as bullying in Subsection A of this Section.
   
   

2. How to identify students at each grade level in the employee's school who are most likely to become victims of bullying, while not excluding any student from protection from bullying.
   
   

3. How to use appropriate intervention and remediation techniques and procedures.
   
   

4. The procedures by which incidents of bullying are to be reported to school officials.
   
   

5. Information on suicide prevention, including the relationship between suicide risk factors and bullying.  This content shall be based on information supported by peer-reviewed research conducted in compliance with accepted scientific methods and recognized as accurate by leading professional organizations and agencies with relevant experience.

RETALIATION

Retaliation against any person who reports bullying, or similar behavior in good faith, who is thought to have reported such behavior, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying, or similar behavior is prohibited conduct and subject to disciplinary action.

CHILD ABUSE

The provisions of this policy shall not be interpreted to conflict with or supersede the provisions requiring mandatory reporting pursuant to Louisiana Children's Code, Art. 609 and as enforced through La. Rev. Stat. Ann. §14:403.

FAILURE TO ACT

1. Any teacher, counselor, bus operator, administrator, or other school employee, whether full- or part-time, who witnesses bullying or who receives a report of bullying from an alleged victim, and who fails to report the incident to a school official shall be investigated by the Superintendent or designee.  Upon finding a reasonable expectation that the individual failed to act, the Superintendent shall suspend the individual without pay.  The Superintendent or designee shall determine the length of the suspension based on the severity of the bullying inflicted on the victim.  The Superintendent shall report each finding of a failure to report and the length of suspension issued to each employee who failed to report to the LDOE.
   
   

2. Any school administrator or official who fails to notify a parent or legal guardian of a report of bullying, timely investigate a report of bullying, take prompt and appropriate disciplinary action against a student that was determined to have engaged in bullying, or report criminal conduct to the appropriate law enforcement official shall be investigated by the Superintendent or designee. Upon finding a reasonable expectation that the individual failed to act, the Superintendent shall suspend the individual without pay.  The Superintendent or designee shall determine the length of the suspension based on the severity of the bullying inflicted on the victim.  The Superintendent shall report to LDOE each finding of a failure to report bullying and the length of suspension issued to the employee who failed to report.  The report shall be submitted by August first annually.

Ref:    20 USC 1232(g-i) (Family Educational Rights and Privacy Act)

La. Rev. Stat. Ann. §§14:40.1, 14:40.3, 14:40.7, 14:40.8, 14:403, 17:105, 17:105.1, 17:183, 17:416, 17:416.1, 17:416.13, 17:416.14

La. Children’s Code, Art. 609, Art. 730, Art. 731

Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1991)

Board minutes, 10-21-10, 11-21-13, 10-20-22

East Baton Rouge Parish School Board