Section 20-2-751.4 - [Effective 7/1/2025] Policies prohibiting bullying and cyberbullying required; enforcement of policies including assignment to alternative school; notice; antibullying training programs and materials; limitation of liability; noncompliance(a) As used in this Code section, the term: (1)(A) "Bullying" means an act that is: (i) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so;(ii) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or(iii) Any intentional written, verbal, or physical act which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that: (I) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1;(II) Has the effect of substantially interfering with a student's education or otherwise substantially infringing upon the rights of a student;(III) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or(IV) Has the effect of substantially disrupting the orderly operation of the school.(B) Except as provided in subparagraph (C) of this paragraph, such term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, including, but not limited to, extracurricular activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. (C) Such term includes acts of cyberbullying that originate on school property or involve the use of school equipment, including, but not limited to, acts that occur within a school sponsored online activity. (2) "Cyberbullying" means bullying that involves the use of electronic communication, including, but not limited to, communication devices and services, including, but not limited to, cellular telephones, cameras, computers, social media platforms, text messages, chat platforms, and internet sites.(3) "Electronic communication" means, but is not limited to, any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. Such term shall include photographs and video and audio recordings.(4) "Extracurricular activities" has the same meaning as defined in Code Section 20-2-319.6.(5) "Parent" means a person who has legal authority to act on behalf of a minor child as a natural or adoptive parent or a legal guardian.(6) "School equipment" means any computer or computer networking equipment, technology or technology related device or service, or communication system or service that is operated, owned, leased, and made available to students by a local board of education, local school system, or public school and that is used for transmitting, receiving, accessing, viewing, hearing, downloading, recording, or storing electronic communication.(7) "Transmit" means to send or broadcast an electronic communication.(b) No later than July 1, 2026: (1) Each local board of education shall adopt a policy that prohibits bullying, including, without limitation, cyberbullying, by a student and shall require such prohibition to be included in the student code of conduct for schools in that school system;(2) Each local board policy shall require that, upon a finding by the disciplinary hearing officer, panel, or tribunal of school officials provided for in this subpart that a student in grades six through 12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school;(3) Each local board of education shall establish and publish in its local board policy a method to notify the parent, guardian, or other person who has control or charge of a student upon a finding by a school administrator that such student has committed an offense of bullying or is a target or suspected victim of bullying. Such notice shall, as appropriate under the circumstances, include referrals to resources for counseling and other appropriate services for students who have been found to have committed an offense of bullying or are targets or suspected victims of bullying; (4) Each local board of education shall ensure that students and parents and guardians of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each school and by including such information in student and parent handbooks; and(5) Each local board of education shall establish a process to regularly evaluate and update the use of technology solutions to aid in the prevention of cyberbullying on school equipment, including, but not limited to, monitoring software intended to provide electronic notification when the occurrence of cyberbullying is detected on such equipment.(c) No later than January 1, 2026, the Department of Education shall develop a model policy regarding bullying, that may be revised from time to time, and shall post such policy on its website in order to assist local school systems. Such model policy shall include:(1) A statement prohibiting bullying;(2) A requirement that any teacher or other school employee who has reliable information that would lead a reasonable person to suspect that someone is a target of bullying shall immediately report it to the school principal;(3) A requirement that each school have a procedure for the school administration to promptly investigate in a timely manner and determine whether bullying has occurred;(4) An age-appropriate range of consequences for bullying which shall include, at minimum and without limitation, disciplinary action or counseling as appropriate under the circumstances;(5) A requirement that each school provide referrals, as appropriate under the circumstances, to age-appropriate interventions and services, including, but not limited to, counseling services, for students who have been found to have committed an offense of bullying or are targets or suspected victims of bullying;(6) A procedure for a teacher or other school employee, student, parent, guardian, or other person who has control or charge of a student, either anonymously or in such person's name, at such person's option, to report or otherwise provide information on bullying activity;(7) A statement prohibiting retaliation following a report of bullying; and(8) Provisions consistent with the requirements of subsection (b) of this Code section.(d) No later than January 1, 2026, the Department of Education shall develop and post on its website: (1) A list of entities and their contact information which produce antibullying training programs and materials deemed appropriate by the department for use in local school systems. Such list shall include at least one entity that provides awareness and training programs relating to cyberbullying; and(2) A list of online and in-person providers of counseling and other appropriate services for students who have been found by school officials to have committed an offense of bullying or are targets or suspected victims of bullying. Such list shall include in-person providers available to families in areas throughout the state.(e) Any person who reports an incident of bullying in good faith shall be immune from civil liability for any damages caused by such reporting.(f) Nothing in this Code section or in the model policy promulgated by the Department of Education shall be construed to require a local board of education to provide transportation to a student transferred to another school as a result of a bullying incident.(g) Any school system which is not in compliance with the requirements of subsection (b) of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260.Amended by 2024 Ga. Laws 463,§ 2-5, eff. 7/1/2025.Amended by 2016 Ga. Laws 625,§ 20, eff. 5/3/2016.Amended by 2015 Ga. Laws 191,§ 2, eff. 5/6/2015.Amended by 2011 Ga. Laws 245,§ 20, eff. 5/13/2011.Amended by 2010 Ga. Laws 471,§ 2, eff. 5/27/2010.This section is set out more than once due to postponed, multiple, or conflicting amendments.