SB0916113th GA (Historical)Introduced

Amends TCA Title 38; Title 39 and Title 49.

Present law requires each school district to adopt a policy prohibiting harassment, intimidation, bullying, or cyber-bullying. Present law also requires the principal of a middle school, junior high school, or high school, or the principal's designee, to investigate harassment, intimidation, bullying, or cyber-bullying when a student reports to a principal, teacher, or guidance counselor that physical harm or a threat of physical harm to such student's person or property has occurred. Such principal or designee must immediately inform the parent or legal guardian of a student involved in an act of harassment, intimidation, bullying, or cyber-bullying and of the availability of counseling and support services that may be necessary. Following an investigation, the principal or designee must report the findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education. This bill adds to present law that, if a law enforcement officer, school resource officer, or other school security officer investigates harassment, intimidation, bullying, hazing, or cyber-bullying of a student or a visitor of a school within an LEA who is under 18 years of age and the harassment, intimidation, bullying, hazing, or cyber-bullying involves an alleged criminal offense, then the officer must file a report with the law enforcement agency with jurisdiction over the alleged offense in accordance with the federal Family Educational Rights and Privacy Act. This bill further provides that a person who knowingly interferes with a law enforcement officer, school resource officer, or other school security officer to prevent the officer from consulting with a district attorney general's office regarding an alleged criminal offense involving harassment, intimidation, bullying, hazing, or cyber-bullying of a person who is under 18 years of age commits a Class A misdemeanor. For purposes of this bill, "hazing" means an intentional or reckless act in this state, on or off LEA property, by one student acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student, or that induces or coerces a student to endanger that student's mental or physical health or safety, but the term does not include customary athletic events or similar contests or competitions.

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Overview

Present law requires each school district to adopt a policy prohibiting harassment, intimidation, bullying, or cyber-bullying. Present law also requires the principal of a middle school, junior high school, or high school, or the principal's designee, to investigate harassment, intimidation, bullying, or cyber-bullying when a student reports to a principal, teacher, or guidance counselor that physical harm or a threat of physical harm to such student's person or property has occurred. Such principal or designee must immediately inform the parent or legal guardian of a student involved in an act of harassment, intimidation, bullying, or cyber-bullying and of the availability of counseling and support services that may be necessary. Following an investigation, the principal or designee must report the findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education. This bill adds to present law that, if a law enforcement officer, school resource officer, or other school security officer investigates harassment, intimidation, bullying, hazing, or cyber-bullying of a student or a visitor of a school within an LEA who is under 18 years of age and the harassment, intimidation, bullying, hazing, or cyber-bullying involves an alleged criminal offense, then the officer must file a report with the law enforcement agency with jurisdiction over the alleged offense in accordance with the federal Family Educational Rights and Privacy Act. This bill further provides that a person who knowingly interferes with a law enforcement officer, school resource officer, or other school security officer to prevent the officer from consulting with a district attorney general's office regarding an alleged criminal offense involving harassment, intimidation, bullying, hazing, or cyber-bullying of a person who is under 18 years of age commits a Class A misdemeanor. For purposes of this bill, "hazing" means an intentional or reckless act in this state, on or off LEA property, by one student acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student, or that induces or coerces a student to endanger that student's mental or physical health or safety, but the term does not include customary athletic events or similar contests or competitions.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
2715

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