Bullying/Harassment
RSA 193-F:2-5 (2010) defines bullying as “a single significant incident or a pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which (1) Physically harms a pupil or damages the pupil’s property; (2) Causes emotional distress to a pupil; (3) Interferes with a pupil’s educational opportunities; (4) Creates a hostile educational environment; or (5) Substantially disrupts the orderly operation of the school. The statute also provides definitions of bullying behavior, cyberbullying, electronic devices, perpetrator, school property, and victim. The statute states that bullying occurs when an action or communication as defined above occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or occurs off of school property or outside of a school-sponsored act or event, if the conduct interferes with a student’s educational opportunity or substantially disrupts the operations of the school or school-sponsored event or activity.
RSA 193-F:2-5 (2010) requires the school board of each district and the board of trustees of a chartered public school to adopt a policy prohibiting bullying and cyberbullying. The policy must include the following: (1) Statement prohibiting bullying or cyberbullying of a student, (2) Statement prohibiting retaliation or false accusation against a victim, witness or anyone else who in good faith provides information about an act of bullying or cyberbullying, (3) Requirement that all students are protected regardless of their status under the law, (4) Requirement for disciplinary consequences or interventions for a student committing an act, or false accusation of another student as a means of retaliation, (5) Plans for distributing the policy, (6) Procedure for reporting, (7) Outline of the internal reporting requirements, (8) Procedures for notification to parents of both the victim and perpetrator, along with a provision for a waiver of notification from the superintendent if deemed in the best interest of the victim or perpetrator, (9) Procedures for investigation of reports, (10) Requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee, and develop a response to remediate any substantiated incidents, (11) Procedures for communication with parents or guardians of victims an perpetrators regarding the school’s remedies and assistance within 10 days of completion of the investigation, and (12) Identification of school officials responsible for ensuring policy implementation.
RSA 193-F:2-5 (2010) requires each school district and chartered school to annually report all substantiated incidents of bullying and cyberbullying to the department of education. In addition, it provides immunity from civil liability for employees, parents, volunteers and others associated with the school for the reporting, investigation, findings, recommended response, or implementation of a recommended response to bullying or cyberbullying. It also allows a school district or chartered public school to establish a separate discrimination or harassment policy that includes categories of pupils.
State Board of Education Rule Ed 306.04 requires local school boards to implement policies and procedures relative to student harassment, including bullying, and sexual harassment.
Cyber Bullying
Cyberbullying is defined in RSA 193-F:2-5 (2010). The statute requires the school board of each district and the board of trustees of a chartered public school to adopt a policy prohibiting bullying and cyberbullying. Requirements of the policy are outlined in the statute. Schools must report all substantiated incidents of bullying and cyberbullying to the Department of Education on an annual basis.
Hazing
State Board of Education Rule Ed 306.04 requires local school boards to implement policies and procedures relative to student hazing. RSA 631:7 (1993) classifies any person whose actions is likely or would be perceived as hazing guilty of a class B misdemeanor. Further, any educational institution that knowingly permits, fails to take reasonable measures of authority to prevent student hazing or fails to report to law enforcement agencies is also guilty of a misdemeanor.
Source: National Association of State Boards of Education
Last Updated: 9/22/2010
