R277-613-4. LEA Responsibility to Create or Update Bullying Policies

  (1) In addition to the requirements of Subsection 53G-9-605(3), an LEA shall:

  (a) develop, update, and implement policies as required by Section 53G-9-605 and this rule, which shall include a prohibition on:

  (i) bullying;

  (ii) cyber-bullying;

  (iii) hazing;

  (iv) retaliation; and

  (v) making a false report.

  (b) post a copy of the LEA's policy on the LEA website;

  (c) develop an action plan to address a reported incident of bullying, cyber-bullying, hazing, or retaliation; and

  (d) provide a requirement for a signed statement that meets the requirements of Subsection 53G-9-605(3)(h) annually.

  (2)(a) As required by Section 53G-9-605, an LEA shall notify a parent of:

  (i) a parent's student's threat to commit suicide; or

  (ii) an incident of bullying, cyber-bullying, hazing, or retaliation involving the parent's student as a victim or an individual who is alleged to have engaged in prohibited conduct.

  (b) An LEA shall:

  (i) notify a parent described in Subsection (2)(a) in a timely manner;

  (ii) designate the appropriate school employee to provide parental notification; and

  (iii) designate the format in which notification is provided to parents and maintained by the LEA.

  (3) Subject to the parental consent requirements of Section 53E-9-203, if applicable, an LEA shall assess students about the prevalence of bullying, cyber-bullying, hazing, and retaliation in LEAs and schools, specifically locations where students are unsafe and additional adult supervision may be required, such as playgrounds, hallways, and lunch areas.

  (4) An LEA shall take strong responsive action against retaliation, including assistance to victims and their parents in reporting subsequent problems and new incidents.

  (5)(a) An LEA shall provide that students, school employees, coaches, and volunteers receive training on bullying, cyber-bullying, hazing, and retaliation, from individuals qualified to provide such training.

  (b) The training described in Subsection (5)(a) shall:

  (i) include information on various types of aggression and bullying, including:

  (A) overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior;

  (B) relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation;

  (C) sexual aggression or acts of a sexual nature or with sexual overtones;

  (D) cyber-bullying, including use of email, web pages, text messaging, instant messaging, social media, three-way calling or messaging or any other electronic means for aggression inside or outside of school;

  (E) bullying, cyber-bullying, hazing and retaliation based upon the students' or employees' identification as part of any group protected from discrimination under the following federal laws:

  (i) Title VI of the Civil Rights Act of 1964, including discrimination on the basis of race, color, or national origin;

  (ii) Title IX of the Education Amendments of 1972, including discrimination on the basis of sex; or

  (iii) Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, including discrimination on the basis of disability; and

  (F) bullying, cyber-bullying, hazing, and retaliation based upon the students' or employees' actual or perceived characteristics, including race, color, national origin, sex, disability, religion, gender identity, sexual orientation, or other physical or mental attributes or conformance or failure to conform with stereotypes;

  (ii) complement the suicide prevention program required for students under Rule R277-620 and the suicide prevention training required for licensed educators consistent with Subsection 53G-9-704(1); and

  (iii) include information on when issues relating to this rule may lead to student or employee discipline.

  (6) The training described in Subsection (5) shall be offered to:

  (a) new school employees, coaches, and volunteers; and

  (b) all school employees, coaches, and volunteers at least once every three years.

  (7)(a) An LEA's policies developed under this section shall complement existing school policies and research based school discipline plans.

  (b) Consistent with Rule R277-609, the discipline plan shall provide direction for dealing with bullying, cyber-bullying, hazing, retaliation and disruptive students.

  (c) An LEA shall ensure that a discipline plan required by Rule R277-609:

  (i) directs schools to determine the range of behaviors and establish the continuum of administrative procedures to be used by school personnel to address the behavior of students;

  (ii) provides for identification, by position, of individuals designated to issue notices of disruptive student behavior, bullying, cyber-bullying, hazing, and retaliation;

  (iii) designates to whom notices shall be provided;

  (iv) provides for documentation of disruptive student behavior in the LEA's student information system;

  (v) includes strategies to provide for necessary adult supervision;

  (vi) is clearly written and consistently enforced; and

  (vii) includes administration, instruction and support staff, students, parents, community council and other community members in policy development, training and prevention implementation so as to create a community sense of participation, ownership, support and responsibility.