Full question:
Does the state of Tennessee have an anti-bullying law? The reason for my question is that a 12 year old middle school boy has been harassing my 8 year old granddaughter on the school bus. My granddaughter asked the bus driver to assign her to a different seat because of this, but the driver wouldn't. This has went on the entire school year. The last time the boy picked on her my grandson, who is 11 and in elementary school, told him to leave her alone, he didn't, so my grandson hit him with his fist. Now my grandson is being charged with assault and he has never been in any kind of trouble before.
- Category: Criminal
- Subcategory: Assault
- Date:
- State: Tennessee
Answer:
Please see the information below:
The folloing are TN statutes:
49-6-1016. Development of policy regarding harassment, intimidation or bullying. —
(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 the 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 shall 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;
(12) The identification by job title of school officials responsible for ensuring that the policy is implemented; and
(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.
[Acts 2005, ch. 202, § 1.]
49-6-1018. Reprisal or retaliation prohibited — Reporting harassment, intimidation or bullying — Immunity from damages. —
(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.
[Acts 2005, ch. 202, § 1.]
Other information from http://www.state.tn.us/education/learningsupport/tssc.shtml:
No Bullying Implementation Training
Bullying behaviors can have a significant impact on the safety and climate of our schools. Implementation training and program materials for the Johnson Institute's No Bullying program are available for elementary and middle school teams committed to addressing this problem. Contact Mike Herrmann at (615) 741-3248 or Mike.Herrmann@state.tn.us for more information.
Olweus Bullying Prevention Program
The Tennessee Department of Education is pleased to announce the availability of certification training for the Olweus Bullying Prevention Program. This project is being developed in collaboration with the Center for Youth Issues - Nashville and Clemson University. The Olweus Bullying Prevention Program (OBP) was developed in Norway and has been recognized as a model program by the U.S. Department of Education.
Thirty individuals will be provided with the training, support materials and ongoing consultation necessary to become a certified OBP trainer. Successful applicants will be expected to make a two-year commitment to the process and will be selected based upon prior training experience and local commitment to program implementation. Detailed information and application packages can be found at www.studentstakingarightstand.org. Applications must be received on or before November 17, 2006, in order to be considered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
