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     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1.  Bullying is the causing of physical hurt or psychological distress on one or more students or school employees that may involve threat; intimidation; stalking as defined in chapter 22-19A; physical violence; theft; harassment as defined in § 22-19A-4; or destruction of property.

     Harassment, for the purposes of this Act, is any threatening use of data or computer software, written or verbal communication, including telephonic communication, or conduct directed against a student or school employee that substantially disrupts the orderly operation of a school.

     For the purposes of this Act, the definitions of bullying and harassment also include retaliation against a student or school district employee by another student or school district employee for asserting or alleging an act of bullying or harassment, and include the reporting of an act of bullying or harassment that is not made in good faith.

     Section 2.  The school board of each school district shall, by December 1, 2009, adopt a school district policy prohibiting bullying and harassment. If the school district already has such a policy in place, the school board shall review and, if necessary, revise the policy so that it meets the requirements of this Act by the deadline. The school board may involve students, parents, teachers, administrators, other school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing or revising a policy pursuant to this Act, and the policy shall be implemented in coordination with school district curriculum, disciplinary procedures, and other violence prevention efforts.

     Section 3.  Each school district policy developed pursuant to this Act shall contain the following provisions:

             (1)    A statement prohibiting bullying and harassment, and a definition of bullying and harassment that includes the definitions listed in section 1 of this Act;

             (2)    The consequences for a student or employee of the school district who commits an act of bullying or harassment;

             (3)    A procedure for reporting an act of bullying or harassment, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and

             (4)    A procedure for the prompt investigation and response to any report of bullying or harassment, including a requirement that an investigation be conducted on any alleged incident of bullying or harassment committed against a child while the child is aboard a school bus or at a school-sponsored event.

     Section 4.  Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying or harassment to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident.

     Section 5.  Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices may be used as a defense to any disciplinary action initiated pursuant to this Act."