alabama

Alabama Code Title 16. Education § 16-28B-3

Jamari Terrell Williams Student Bullying Prevention Act (June 1, 2018). “No student shall engage in or be subjected to bullying, intimidation, violence, or threats of violence on or off of school property, on a school bus, or at any school-sponsored function by any other student in his or her school system.”

(1) BULLYING. A continuous pattern of intentional behavior that takes place on or off of school property, on a school bus, or at a school-sponsored function including, but not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board, and implemented at each school. To constitute bullying, a pattern of behavior may do any of the following:
a. Place a student in reasonable fear of harm to his or her person or damage to his or her property.
b. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student.
c. Have the effect of substantially disrupting or interfering with the orderly operation of the school, whether the conduct occurs on or off school property, online, or electronically.
d. Have the effect of creating a hostile environment in the school, on school property, on a school bus, or at a school-sponsored function.
e. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student. (Section 16-28B-3 – Definitions)

The Alabama Student Harassment Prevention Act – HB 0216

(1) Bullying.  ”A continuous pattern of intentional behavior that takes place on or off of school property, on a school bus, or at a school-sponsored function including, but not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board, and implemented at each school” (https://codes.findlaw.com/al/title-16-education/al-code-sect-16-28b-3.html)

Schools must develop policies to help with harassment, includes electronic forms of bullying; “punishment shall conform with applicable federal and state disability, antidiscrimination, and education laws and school discipline policies.”
Defines harassment as “A continuous pattern of intentional behavior that takes place on school property, on a school bus, or at a school-sponsored function,” therefore off-campus is not included.

https://www.alsde.edu/sec/pss/Laws/Harassment%20Section%2016-28B-3%20Information.pdf
“Act 2009-571, HB216, is the Student Harassment Prevention Act. The act requires each public K-12 school, the Alabama Institute for Deaf and Blind, the Alabama High School of Mathematics and Science, and the Alabama School of Fine Arts to develop plans or programs to encourage students to report and address incidents of harassment, violence, and threats of violence. The act requires the State Department of Education to develop a model policy for local boards pertaining to student harassment prevention.”

http://lrs.state.al.us/publications/2009_regular_summaries.html#Anchor-Ac-9447

Criminal electronic harassment: http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/13A-11-8.htm