Bully Police USA Inc - Comment - EXCELLENT LAW, GIVE IT AN A-

Note from a parent - April 5, 2006: Dear Brenda, Let me start by saying that I think what you are doing is GREAT. I am a 34 year old mother of two daughters. My oldest daughter as well as myself have been victims of bullying. As a result of unenforced anti bullying laws my daughter is now attending a private school that will cost me at least a thousand dollars. Having an anti bullying law is great but if the school does not take it seriously then like in my daughters case it is not worth the paper it is written on. The bullies at my daughters school have also found a way around the rules when they are enforced. Two or more girls would gang up on my daughter and call her names and tease her. Then go to the principle and say my daughter bullied them. So you can see the problem. I have had my daughter in two schools in Arkansas and in the first school she was punched repeatedly in the arm and pinched until she had a bruise the size of a half dollar. Now, if she were the kind to bully or fight she would have hit that girl. In any event please do not think that just because a (state) school has a bullying law that they deserve an A.    Thank you,   Wendy H.
Comments noted - Grades only reflect what is on paper.  Enforcement is another matter. ~Brenda

ARKANSAS

2003 ARKANSAS ACT 681, HB 2274

Requires school districts to adopt policies to prevent student harassment and bullying.  Policies must define bullying, prohibit bullying on school property, at school-sponsored activities and on school buses and state the consequences of engaging in bullying behavior.  Also requires school employees to report incidents of bullying to the school principal and provides for immunity from tort liability for those who report but fail to remedy the incident.   Requires the policy to be clearly communicated and available, reviewed by the State Board of Education and filed with the State Department of Education.  Also adds bully prevention programs to the list of student services provided by school guidance counselors.

6-18-514. Antibullying policies.
(a)  The school board of directors in every school district shall adopt policies to prevent pupil harassment, also known as bullying.
    (b)  The policies shall:

(1)  Clearly define conduct that constitutes bullying;

(2)  Prohibit bullying while on school property, at school-sponsored activities, and on school buses;

(3)  State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;

(4)  Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of bullying as defined by the district shall report the incident to the principal;

(5)  Require that notice of what constitutes bullying, that bullying is prohibited, and the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district; and

(6)  Require that copies of the notice of what constitutes bullying, that bullying is prohibited, and the consequences of engaging in bullying be provided to parents, students, school volunteers, and employees. Each policy shall require that a full copy of the policy be made available upon request.

(c)  A school employee who has reported violations under the school district's policy shall be immune from any tort liability that may arise from the failure to remedy the reported incident.

(d)  The local school board may provide opportunities for school employees to participate in programs or other activities designed to develop the knowledge and skills to prevent and respond to acts covered by this policy.

(e)(1)  The school district shall file with the Department of Education a copy of the policies adopted in compliance with this section.

(2)  The State Board of Education shall review the policies provided by the school districts and may recommend changes or improvements to the districts if the board determines that the policies need improvement.

History. Acts 2003, No. 681, § 1.


6-18-1005. Student services program defined.
(a)  A "student services program" is defined as a coordinated effort which shall include, but is not limited to:
    (1)  Guidance and counseling services, which shall include, but are not limited to:

(A)  The availability of individual and group counseling to all students;

(B)  Orientation programs for new students at each level of education and for transferring students;

(C)  Academic advisement for class selection;

(D)  Consultation with parents, faculty, and out-of-school agencies concerning student problems and needs;

(E)  Utilization of student records and files;

(F)  Interpretation of standardized testing and dissemination of results to the school community;

(G)  The following up of early school dropouts and graduates;

(H)  A school-initiated system of parental involvement;

(I)  An organized system of informational resources on which to base educational and vocational decision making;

(J)  Educational and career guidance, including advising students on the availability of vocational and alternative programs that could provide successful high school completion opportunities for students at risk of dropping out of school;

(K)  Coordinating administration of the Test for Adult Basic Education or the General Educational Development pretest to students by designating appropriate personnel, other than the school guidance counselor, to administer the tests; and

(L)  Classroom guidance which shall be limited to thirty-minute class sessions, not to exceed three (3) per day or ten (10) per week;

(2)  Psychological services, which shall include, but are not limited to, the following:

(A)  Evaluation of students with learning or adjustment problems;

(B)  Evaluation of students in exceptional child education programs;

(C)  Consultation and counseling with parents, students, and school personnel;

(D)  A system for the early identification of learning potential and factors which affect the child's educational performance;

(E)  A system of liaison and referrals, with resources available outside the school; and

(F)  Written policies which assure ethical procedures in psychological activities;

(3)  Visiting teacher and school social work services, which shall include, but are not limited to, the following:

(A)  Providing casework to assist in the prevention and remediation of problems of attendance, behavior, adjustment, and learning; and

(B)  Serving as liaison between the home and school by making home visits and referring students and parents to appropriate school and community agencies for assistance;

(4)  Occupational services, which shall include, but are not limited to, the dissemination of career education information, and follow-up studies;

(5)  Group conflict resolution services, which shall include, but are not limited to, the following:

(A)  Educational and social programs that help students develop skills enabling them to resolve differences and conflicts between groups;

(B)  Programs designed to promote understanding, positive communication, and a greater utilization of a race relations specialist or human relations specialist to assist in the development of intergroup skills; and

(C)  Programs designed to prevent bullying.

(6)  Health services, which shall include, but are not limited to, the following:

(A)  Students with special health care needs, including the chronically ill, medically fragile, and technology-dependent, and students with other health impairments shall have an individualized health care plan.

(B)  Invasive medical procedures required by students and provided at the school shall be performed by trained, licensed personnel who are licensed to perform the task subject to § 17-87-102(2)(D) or other professional licensure statutes. The regular classroom teacher shall not perform these tasks.

(C)  Custodial health care services required by students under an individualized health care plan shall be provided by trained school employees other than the regular classroom teachers; and

(7)  The distribution of a suicide prevention public awareness program developed for distribution by the interprogram task force established by the Lieutenant Governor's Teenage Suicide Prevention Task Force.

(b)  School counselors shall spend at least seventy-five percent (75%) of work time each week providing direct counseling related to students and shall devote no more than twenty-five percent (25%) of work time each week to administrative activities provided that the activities relate to the provision of guidance services.

History. Acts 1991, No. 908, §§ 3, 6; 1997, No. 1275, § 2; 1999, No. 1565, § 1; 2003, No. 681, § 2.