Free Legal advice about bullying laws in Tennessee

Chapter No. 202] PUBLIC ACTS, 2005 1
CHAPTER NO. 202
HOUSE BILL NO. 2114
By Representatives Sherry Jones, Winningham, Armstrong, Russell Johnson, Tindell,
Niceley, Overbey, Hackworth, Miller, Lois DeBerry, Pruitt, Moore, Langster, West,
Fitzhugh, McMillan, DuBois, Favors, Towns, Brown, Campfield, Sontany, Fowlkes, Crider,
Marrero, Mike Turner, Eldridge, Bone
Substituted for: Senate Bill No. 1621
By Senators Black, Finney, Harper, Ketron, Burks, Fowler
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to
school curricula.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 10, is amended by
adding the following new sections thereto:
Section 49-6-1014.
The general assembly hereby finds and declares that:
(1) A safe and civil environment is necessary for students to learn and
achieve high academic standards.
(2) Harassment, intimidation or bullying, like other disruptive or violent
behavior, is conduct that disrupts a student's ability to learn and a school's ability
to educate its students in a safe environment.
(3) Students learn by example. School administrators, faculty, staff and
volunteers who demonstrate appropriate behavior, treating others with civility and
respect and refusing to tolerate harassment, intimidation or bullying, encourage
others to do so as well.
Section 49-6-1015. As used in this act, "harassment, intimidation or
bullying" means any act that substantially interferes with a student's educational
benefits, opportunities or performance, that takes place on school grounds, at any
school-sponsored activity, on school-provided transportation, or at any official school bus
stop, and that has the effect of:
(1) Physically harming a student or damaging a student's property;
(2) Knowingly placing a student in reasonable fear of physical harm to
the student or damage to the student's property; or
(3) Creating a hostile educational environment.
Section 49-6-1016.
Chapter No. 202] PUBLIC ACTS, 2005 2
(a) Each school district shall adopt a policy prohibiting harassment, intimidation
or bullying. School districts are encouraged to develop the policy after consultation with
parents and guardians, school employees, volunteers, students, administrators and
community representatives.
(b) School districts are encouraged to include in such policies:
(1) A statement prohibiting harassment, intimidation or bullying;
(2) A definition of harassment, intimidation or bullying;
(3) A description of the type of behavior expected from each student;
(4) A statement of the consequences and appropriate remedial action for
a person who commits an act of harassment, intimidation or bullying;
(5) A procedure for reporting an act of harassment, intimidation or
bullying, including a provision that permits a person to report an act of
harassment, intimidation or bullying anonymously. Nothing in this section may be
construed to permit formal disciplinary action solely on the basis of an
anonymous report;
(6) A procedure for prompt investigation of a report of an act of
harassment, intimidation or bullying;
(7) A statement of the manner in which a school district will respond after
an act of harassment, intimidation or bullying is reported, investigated and
confirmed;
(8) A statement of the consequences and appropriate remedial action for
a person found to have committed an act of harassment, intimidation or bullying;
(9) A statement prohibiting reprisal or retaliation against any person who
reports an act of harassment, intimidation or bullying and stating the
consequences and appropriate remedial action for a person who engages in
such reprisal or retaliation;
(10) A statement of the consequences and appropriate remedial action
for a person found to have falsely accused another of having committed an act of
harassment, intimidation or bullying as a means of reprisal or retaliation or as a
means of harassment, intimidation or bullying;
(11) A statement of how the policy is to be publicized within the district,
including a notice that the policy applies to behavior at school-sponsored
activities; and
(12) The identification by job title of school officials responsible for
ensuring that policy is implemented.
Chapter No. 202] PUBLIC ACTS, 2005 3
(13) A procedure for discouraging and reporting conduct aimed at
defining a student in a sexual manner or conduct impugning the character of a
student based on allegations of sexual promiscuity.
Section 49-6-1017. Each LEA shall adopt a policy prohibiting harassment,
intimidation or bullying and transmit a copy of such policy to the commissioner of
education by January 1, 2006.
Section 49-6-1018.
(a) A school employee, student or volunteer may not engage in reprisal or
retaliation against a victim of, witness to, or person with reliable information about an act
of harassment, intimidation or bullying.
(b) A school employee, student or volunteer who witnesses or has reliable
information that a student has been subjected to an act of harassment, intimidation or
bullying is encouraged to report the act to the appropriate school official designated by
the school district's policy.
(c) A school employee who promptly reports an act of harassment, intimidation
or bullying to the appropriate school official in compliance with the procedures set forth
in the school district's policy is immune from a cause of action for damages arising from
any failure to remedy the reported act.
Section 49-6-1019. School districts are encouraged to form harassment,
intimidation or bullying prevention task forces, programs, and other initiatives involving
school employees, students, administrators, volunteers, parents, guardians, law
enforcement and community representatives.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.
PASSED: May 2, 2005
APPROVED this 19th day of May 2005

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