Below is the model bullying policy made available by the Idaho State Department of Education for school districts within Idaho to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.

We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.

Last Updated: April 9, 2019

URL of Source: http://www.sde.idaho.gov/student-engagement/sdfs/files/bullying-harassment/Prohibition-Against-Harassment-Intimidation-Bullying-Policy-506.50.pdf (cached)

POLICY TITLE: Prohibition Against Harassment, Intimidation and Bullying

POLICY NO: 506.50

No student or minor present on school property or at school activities shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student. Such behaviors foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims, create conditions that negatively affect learning, and undermine the ability of students to achieve their full potential.

It is the policy of this district to maintain a safe school environment for all students while on school grounds; riding the school bus; and attending district-sponsored activities, events, or functions on school premises or at other locations. Harassment, intimidation, and bullying are disruptive to a safe school environment and will not be tolerated.

DEFINITION

“Harassment, intimidation, or bullying” means any intentional gesture or any intentional written, verbal, or physical acts or threats against another student that

  1. A reasonable person under the circumstances should know will have the effect of
  2. Harming a student.
  3. Damaging a student’s property.
  4. Placing a student in reasonable fear of harm to his or her person.
  5. Placing a student in reasonable fear of damage to his or her property.
  6. Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening

or abusive educational environment for a student.

An act of harassment, intimidation or bullying may also be committed through the use of a landline, car phone, or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.

PROHIBITED BEHAVIOR

The district expects students to conduct themselves in a manner in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of others.

Students attending district schools are prohibited from engaging in the following behaviors:

  1. Physical abuse against a student, including, but not limited to, hitting, pushing, tripping, kicking, blocking, or restraining another’s movement; sexual misconduct; causing damage to another’s clothing or possessions; and taking another’s belongings.
  2. Verbal and non-verbal abuse against a student, including, but not limited to, name calling, threatening, sexual misconduct, taunting, malicious teasing, or making rude gestures.
  3. Psychological abuse against a student, including, but not limited to, spreading harmful or inappropriate rumors regarding another, drawing inappropriate pictures or writing inappropriate statements regarding another, intentionally excluding another from groups or activities, and stalking.
  4. Cyberbullying, including, but not limited to, using any electronic communication device to convey a message in any format (audio or video, text, graphics, photographs, or any combination thereof) that intimidates, harasses, or is otherwise intended to harm another individual.
  5. Conduct based on a student’s actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, or socio-economic status; or a student’s association with a person or group with one or more of these actual or perceived characteristics.
  6. Conspiring with another individual to commit any act of harassment, intimidation, or bullying against another student; or perpetuating such conduct by spreading hurtful or demeaning material created by another person (e.g., forwarding offensive e-mails or text messages).
  7. Retaliatory actions against another for reporting an act of harassment, intimidation, or

bullying.

The discipline rules related to harassment, intimidation, and bullying apply when a student is (1) on school grounds before, during, or after school hours; or at any other time when the school is being used by a school group; (2) off school grounds at any school activity, function or event; or (3) traveling to or from school or a school activity, function, or event.

REPORTING

District personnel are required to report, in a timely and responsive manner, any incident of harassment, intimidation, or bullying they witness or are aware of to the school principal or designee. All other persons, including students, parents/guardians, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy.

Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.

The district prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation, or bullying; or cooperates in an investigation. The consequences for a person who engages in reprisal or retaliation may include, but are not limited to, suspension and expulsion. Annually, the district shall report bullying incidents to the state department of education in a format as set forth in rule by the state board.

INVESTIGATION

The school principal or designee will promptly investigate any allegations of misconduct that are reasonably characterized as harassment, intimidation, or bullying. At the discretion of the school principal and/or superintendent, the alleged perpetrator(s) may be suspended pending the outcome of the investigation.

If the school principal or a designee determines that bullying or retaliation has occurred, the school principal or designee shall (1) take appropriate disciplinary action; (2) notify the parent/guardian of the perpetrator; (3) notify the parent/guardian of the victim; and to the extent allowed under state and federal law, (4) notify the parent/guardian of the action taken to prevent any further acts of bullying or retaliation.

DISCIPLINARY ACTION

Students who engage in harassment, intimidation, or bullying will be disciplined through the use of consequences that may include but are not limited to, referral to counseling, diversion, use of juvenile specialty courts, restorative practices, in-school suspension, out-of-school suspension and expulsion. , .

Each school will take prompt and effective steps reasonably calculated to end the harassment, intimidation, or bullying; eliminate any hostile environment and its effects; and prevent the harassment from recurring. Appropriate steps to end harassment may include separating the victim and the perpetrator, or providing counseling for the victim and perpetrator.

TRAINING

Ongoing professional development: The district will provide ongoing professional development to build skills of all school staff members to prevent, identify, and respond to harassment, intimidation, and bullying.

The district recognizes that in order to have the maximum impact, it is important to train school employees who have significant contact with students on school policies and procedures regarding harassment, intimidation, and bullying. Training will provide staff members with a clear understanding of their roles and responsibilities and the necessary skills to prevent, identify, and respond to bullying.

The district encourages the implementation of school and community wide bullying education and prevention programs.

REFERRAL TO LAW ENFORCEMENT

The school principal will refer allegations of harassment, intimidation, or bullying to law enforcement if he or she reasonably believes that the student has engaged in conduct in violation of Idaho Code Section 18-917A.

NOTICE

The district will provide each student and parent/guardian with written annual notice of this policy in a manner consistent with students’ age, grade and level of academic achievement through publication in the student handbook.

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LEGAL REFERENCE: Idaho Code Sections

18-917A, Student Harassment-Intimidation-Bullying, as amended by HB0246, Session Law Chapter 289 of the 2015 Legislature

33-512(6), Governance of Schools IDAPA Rule: (TBA when published) Office for Civil Rights, “Dear Colleague” letters dated October 21, 2014 and October 26, 2010

ADOPTED:

AMENDED:

*Language in text set forth in italics is optional.

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Legal Guidance

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 9

ASSAULT AND BATTERY

18-917.  Hazing. (1) No student or member of a fraternity, sorority or other living or social student group or organization organized or operating on or near a school or college or university campus, shall intentionally haze or conspire to haze any member, potential member or person pledged to be a member of the group or organization, as a condition or precondition of attaining membership in the group or organization or of attaining any office or status therein.

(2)  As used in this section, “haze” means to subject a person to bodily danger or physical harm or a likelihood of bodily danger or physical harm, or to require, encourage, authorize or permit that the person be subjected to any of the following:

(a)  Total or substantial nudity on the part of the person;

(b)  Compelled ingestion of any substance by the person;

(c)  Wearing or carrying of any obscene or physically burdensome article by the person;

(d)  Physical assaults upon or offensive physical contact with the person;

(e)  Participation by the person in boxing matches, excessive number of calisthenics, or other physical contests;

(f)  Transportation and abandonment of the person;

(g)  Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;

(h)  Sleep deprivation; or

(i)  Assignment of pranks to be performed by the person.

(3)  The term “hazing,” as defined in this section, does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any group or organization. The term “hazing” does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.

(4)  A student or member of a fraternity, sorority or other student organization, who personally violates any provision of this section shall be guilty of a misdemeanor.

History:

[18-917, added 1991, ch. 338, sec. 1, p. 875; am. 2002, ch. 268, sec. 1, p. 798.]

18-917A.  Student harassment — Intimidation — Bullying. (1) No student or minor present on school property or at school activities shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student.

(2)  As used in this section, “harassment, intimidation or bullying” means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that:

(a)  A reasonable person under the circumstances should know will have the effect of:

(i)   Harming a student; or

(ii)  Damaging a student’s property; or

(iii) Placing a student in reasonable fear of harm to his or her person; or

(iv)  Placing a student in reasonable fear of damage to his or her property; or

(b)  Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

An act of harassment, intimidation or bullying may also be committed through the use of a landline, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.

(3)  A student who personally violates any provision of this section may be guilty of an infraction.

History:

[18-917A, added 2006, ch. 313, sec. 3, p. 973; am. 2015, ch. 289, sec. 1, p. 1161.]

33-132.  Local School Boards — Internet use policy required. (1)  As a condition for receiving moneys from the state general fund, each local school district shall file an acceptable internet use policy with the state superintendent of public instruction no later than August 1, 2011, or within one (1) year after the creation of a new district, whichever is later, and every five (5) years thereafter. Such policy shall be approved by the district’s board of trustees and shall contain, but not be limited to, provisions that:

(a)  Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and

(b)  Provide for the selection of technology for the local district’s computers to filter or block internet access to obscene materials, materials harmful to minors and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code; and

(c)  Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section; and

(d)  Include a component of internet safety for students that is integrated into the district’s instructional program; and

(e)  Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the district office.

(2)  The policy provided for in subsection (1) of this section may include terms, conditions and requirements deemed appropriate by the district’s board of trustees including, but not limited to, requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle and high school students.

(3)  The district’s superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.

History:

[(33-132) 33-131, added 2010, ch. 282, sec. 1, p. 759; am. and redesig. 2011, ch. 151, sec. 13, p. 424.]

 

TITLE 33

EDUCATION

CHAPTER 2

ATTENDANCE AT SCHOOLS

33-205.  Denial of school attendance. The board of trustees may deny enrollment, or may deny attendance at any of its schools by expulsion, to any pupil who is an habitual truant, or who is incorrigible, or whose conduct, in the judgment of the board, is such as to be continuously disruptive of school discipline, or of the instructional effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of other pupils, or who has been expelled from another school district in this state or any other state. Any pupil having been denied enrollment or expelled may be enrolled or readmitted to the school by the board of trustees upon such reasonable conditions as may be prescribed by the board; but such enrollment or readmission shall not prevent the board from again expelling such pupil for cause.

Provided however, the board shall expel from school for a period of not less than one (1) year, twelve (12) calendar months, or may deny enrollment to, a student who has been found to have carried a weapon or firearm on school property in this state or any other state, except that the board may modify the expulsion or denial of enrollment order on a case-by-case basis. Discipline of students with disabilities shall be in accordance with the requirements of federal law part B of the individuals with disabilities education act and section 504 of the rehabilitation act. An authorized representative of the board shall report such student and incident to the appropriate law enforcement agency.

No pupil shall be expelled nor denied enrollment without the board of trustees having first given written notice to the parent or guardian of the pupil, which notice shall state the grounds for the proposed expulsion or denial of enrollment and the time and place where such parent or guardian may appear to contest the action of the board to deny school attendance, and which notice shall also state the rights of the pupil to be represented by counsel, to produce witnesses and submit evidence on his own behalf, and to cross-examine any adult witnesses who may appear against him. Within a reasonable period of time following such notification, the board of trustees shall grant the pupil and his parents or guardian a full and fair hearing on the proposed expulsion or denial of enrollment. However, the board shall allow a reasonable period of time between such notification and the holding of such hearing to allow the pupil and his parents or guardian to prepare their response to the charge. Any pupil who is within the age of compulsory attendance, who is expelled or denied enrollment as herein provided, shall come under the purview of the juvenile corrections act, and an authorized representative of the board shall, within five (5) days, give written notice of the pupil’s expulsion to the prosecuting attorney of the county of the pupil’s residence.

The superintendent of any district or the principal of any school may temporarily suspend any pupil for disciplinary reasons, including student harassment, intimidation or bullying, or for other conduct disruptive of good order or of the instructional effectiveness of the school. A temporary suspension by the principal shall not exceed five (5) school days in length; and the school superintendent may extend the temporary suspension an additional ten (10) school days. Provided, that on a finding by the board of trustees that immediate return to school attendance by the temporarily suspended student would be detrimental to other pupils’ health, welfare or safety, the board of trustees may extend the temporary suspension for an additional five (5) school days. Prior to suspending any student, the superintendent or principal shall grant an informal hearing on the reasons for the suspension and the opportunity to challenge those reasons. Any pupil who has been suspended may be readmitted to the school by the superintendent or principal who suspended him upon such reasonable conditions as said superintendent or principal may prescribe. The board of trustees shall be notified of any temporary suspensions, the reasons therefor, and the response, if any, thereto.

The board of trustees of each school district shall establish the procedure to be followed by the superintendent and principals under its jurisdiction for the purpose of effecting a temporary suspension, which procedure must conform to the minimal requirements of due process.

History:

[33-205, added 1963, ch. 13, sec. 28, p. 27; am. 1973, ch. 294, sec. 1, p. 618; am. 1976, ch. 86, sec. 1, p. 293; am. 1978, ch. 67, sec. 1, p. 135; am. 1992, ch. 47, sec. 1, p. 149; am. 1995, ch. 248, sec. 2, p. 820; am. 1995, ch. 250, sec. 1, p. 825; am. 1995, ch. 252, sec. 1, p. 827; am. 1998, ch. 186, sec. 1, p. 680; am. 2002, ch. 348, sec. 1, p. 994; am. 2006, ch. 313, sec. 1, p. 969.]

 

TITLE 33

EDUCATION

CHAPTER 16

COURSES OF INSTRUCTION

33-1631.  REQUIREMENTS FOR HARASSMENT, INTIMIDATION AND BULLYING INFORMATION AND PROFESSIONAL DEVELOPMENT. (1) School districts and charter schools shall undertake reasonable efforts to ensure that information on harassment, intimidation and bullying of students is disseminated annually to all school personnel, parents and students, including an affirmation that school personnel are authorized and expected to intervene or facilitate intervention on behalf of students facing harassment, intimidation or bullying.

(2)  School districts and charter schools shall provide ongoing professional development to build skills of all school staff members to prevent, identify and respond to harassment, intimidation and bullying. The state board shall promulgate rules regarding the content of the professional development required by this subsection.

(3)  District policies shall include a series of graduated consequences that may include, but are not limited to, referral to counseling, diversion, use of juvenile specialty courts, restorative practices, on-site suspension and expulsion for any student who commits an act of bullying, intimidation, harassment, violence or threats of violence. Guidelines for such policies will be set forth in the rules of the state board.

(4)  Annually school districts shall report bullying incidents to the state department of education in a format set forth in rule by the state board. District policy shall designate persons to whom bullying reports are to be made and a procedure for a teacher or other school employee, student, parent, guardian or other person to report or otherwise provide information on bullying activity.

History:

[(33-1631) 33-1630, added 2015, ch. 289, sec. 2, p. 1161; am. and redesig. 2016, ch. 47, sec.

 

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