124132-1:n:10/27/2010:LLR/tj LRS2010-4429
| SYNOPSIS: | Under existing law, State Department of Education is required to develop a model policy for local school boards pertaining to student harassment prevention. Currently, the term "harassment" does not specifically include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual who is associates with the student. |
| This bill would expand the definition of "harassment" to include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual with whom the student associates. |
To amend Section 16-28B-3, Code of Alabama 1975, relating to the development of a model policy by the State Department of Education for local school boards pertaining to student harassment prevention, to expand the definition of "harassment" to include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual with whom the student associates.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-28B-3, Code of Alabama 1975, is amended to read as follows:§16-28B-3.
"The following terms have the following meanings:
"(1) DEPARTMENT. The State Department of Education.
"(2) HARASSMENT. A continuous pattern of intentional behavior that takes place on school property, on a school bus, or at a school-sponsored function including, but not limited to, written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic, such as the gender identity or sexual orientation, of a student, or by the association of a student with an individual who has a particular characteristic, such as the gender identity or sexual orientation of the individual, 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. To constitute harassment, 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.
"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.
"(3) HOSTILE ENVIRONMENT. The perception by an affected student or victim that the conduct of another student constitutes a threat of violence or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person, under the circumstances, would agree that the conduct constitutes harassment, threat of assault, or assault.
"(4) LOCAL BOARD. A city or county board of education.
"(5) SCHOOL. Each public school, grades prekindergarten through 12, the Alabama Institute for Deaf and Blind, the Alabama High School of Mathematics and Science, and the Alabama School of Fine Arts.
"(6) SCHOOL SYSTEM. The schools under the jurisdiction of a local board."
Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.