Free Legal advice about bullying laws in Kansas

HOUSE BILL No. 2310
By Committee on Education
1-31
AN ACT concerning school districts; relating to bullying.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section, ‘‘bullying’’ means any inten-
tional gesture or any intentional written, verbal or physical act or threat
that:
(1) A reasonable person, under the circumstances, should know will
have the effect of:
(A) Harming a student;
(B) damaging a student’s property;
(C) placing a student in reasonable fear of harm to the student;
(D) placing a student in reasonable fear of damage to the student’s
property;
(2) is sufficiently severe, persistent or pervasive that it creates an in-
timidating, threatening or abusive educational environment for a student;
or
(3) constitutes any other form of bullying, intimidation or harassment
prohibited by the board in a policy adopted pursuant to this section or
subsection (e) of K.S.A. 72-8205, and amendments thereto.
(b) The board of education of each school district shall adopt and
implement a plan to eliminate bullying. A plan required by this section
shall include a written policy prohibiting bullying on school property or
at school sponsored events. Such policy shall include a:
(1) A statement prohibiting the bullying of any student on school
property or at school sponsored events;
(2) a definition of bullying which shall be no less inclusive than the
definition in subsection (a);
(3) a procedure for reporting prohibited incidents of bullying;
(4) a requirement that school personnel report prohibited incidents
of which they are aware;
(5) a requirement that parents or guardians of any student involved
in an incident of bullying be notified of such incident;
(6) a procedure for documenting any prohibited incident of bullying
that is reported;
(7) a procedure for responding to and investigating any reported in-
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HB 2310
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cident of bullying;
(8) a strategy for protecting a victim from additional bullying, and
from retaliation following a report;
(9) a disciplinary procedure for any student guilty of bullying; and
(10) a requirement that any information relating to a reported bul-
lying incident is confidential, and exempt from disclosure under the open
records act.
(c) Each year, the board of education shall survey the students within
the district to determine the effectiveness of the district’s plan to elimi-
nate bullying. Information collected pursuant to the survey shall include:
(1) The age or grade-level and sex of the student;
(2) whether or not the student was a victim of bullying or witnessed
the bullying of another student;
(3) the type of bullying of which the student either was a victim or
witness;
(4) the age or grade-level and sex of the student who committed the
bullying;
(5) the number of times a student either was a victim of or witness
to bullying; and
(6) any other information requested by the state board of education
or deemed necessary by the board of education of the district.
The information collected pursuant to this section shall be reported to
the Kansas department of education in the manner and form required by
the department. Information submitted pursuant to this section shall be
reported in a manner that does not reveal the identity of any child.
(d) A board of education may adopt additional policies relating to
bullying pursuant to subsection (e) of K.S.A. 72-8205, and amendments
thereto.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.

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