As used in this part:

1. (1) “Attribute” means an actual or perceived personal characteristic including without limitation:

   1. (A) Race;
   2. (B) Color;
   3. (C) Religion;
   4. (D) Ancestry;
   5. (E) National origin;
   6. (F) Socioeconomic status;
   7. (G) Academic status;
   8. (H) Disability;
   9. (I) Gender;
   10. (J) Gender identity;
   11. (K) Physical appearance;
   12. (L) Health condition; or
   13. (M) Sexual orientation;
2. (2) “Appropriate interim learning environment” means an appropriate learning environment that is used for a period of time not to exceed ten (10) days;

3. (3) “Appropriate learning environment” means a setting within a public school or public school district that provides a similar structure to the following without limitation:

   1. (A) A classroom; or
   2. (B) In-school suspension;

4. (4) “Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that:

   1. (A) May address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated;
   2. (B) Involves an actual or reasonably perceived power imbalance;
   3. (C) Is repeated or has a high likelihood of repetition;

   4. (D) Causes or creates actual or reasonably foreseeable:

      1. (i) Physical harm to a public school employee or student or damage to the public school employee’s or student’s property;
      2. (ii) Substantial interference with a student’s education or with a public school employee’s role in education;
      3. (iii) A hostile educational environment for one (1) or more student or public school employee due to the severity, persistence, or pervasiveness of the act; or
      4. (iv) Substantial disruption of the orderly operation of the school or educational environment; and
   5. (E) Includes cyberbullying;
5. (5) “Course time” means the number of hours of instruction devoted to a single subject during the school week;

6. (6) “Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

   1. (A) Harass, intimidate, humiliate, ridicule, defame, or threaten a student, public school employee, or person with whom the other student or public school employee is associated; or
   2. (B) Incite violence to a student, public school employee, or person with whom the other student or public school employee is associated;

7. (7) “Emergency” means a serious, unexpected, and dangerous situation that requires immediate action, including without limitation:

   1. (A) An active fire;
   2. (B) An active tornado or earthquake;
   3. (C) An active shooter;
   4. (D) An evacuation of school grounds; or
   5. (E) A medical emergency;

8. (8) “Electronic act” means without limitation a communication or image transmitted by means of an electronic device, including without limitation:

   1. (A) A telephone;
   2. (B) A wireless phone; or
   3. (C) Other wireless communications device, computer, or pager;
9. (9) “Expulsion” means dismissal from school for a period of time that exceeds ten (10) days;
10. (10) “Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person’s constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other’s performance in the school environment;
11. (11) “Interscholastic activity” means an activity between schools subject to rules of the Arkansas Activities Association that is outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group;
12. (12) “Nontraditional scheduling” means block or other alternative scheduling as defined by the Division of Elementary and Secondary Education;

13. (13) “Personal electronic device” means without limitation a:

    1. (A) Cellular telephone;
    2. (B) Paging device;
    3. (C) Beeper;
    4. (D) Mobile telephone that offers advanced computing and internet accessibility;
    5. (E) Digital media player;
    6. (F) Portable game console;
    7. (G) Tablet, notebook, or laptop computer;
    8. (H) Digital camera;
    9. (I) Digital video or audio recorder;
    10. (J) Smart watch; and
    11. (K) Device that can connect and transmit data through Bluetooth technology;
14. (14) “School day” means from the time students are required to be at school until the time students are dismissed from school;

15. (15) “Special event” means:

    1. (A) Activities held during the school day which occur outside of the standard in-class curriculum or regular school activities where the public is invited; or

    2. (B) One of the following activities:

       1. (i) Pep rallies;
       2. (ii) Interscholastic activity;
       3. (iii) Concerts and performances;
       4. (iv) Art shows and science fairs;
       5. (v) School sponsored events held off campus; and
       6. (vi) Graduation ceremonies;

16. (16) “Substantial disruption” means without limitation that any one (1) or more of the following occur as a result of the bullying:

    1. (A) Necessary cessation of instruction or educational activities;
    2. (B) Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
    3. (C) Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
    4. (D) Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment;
17. (17) “Suspension” means dismissal from school for a period of time that does not exceed ten (10) days;

18. (18) “Teacher” or “school administrator” means a:

    1. (A) Person employed by a school district or open-enrollment public charter school and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator’s license issued by the State Board of Education; and
    2. (B) Nonlicensed classroom teacher or administrator employed in a position under a waiver from licensure as a condition of their employment; and

19. (19) “Violent or abusive behavior” means without limitation:

    1. (A) Using threatening language;

    2. (B) Throwing an item that risks or causes:

       1. (i) Harm to another individual;
       2. (ii) Injury to another individual; or
       3. (iii) Damage to property;
    3. (C) Physically abusing a teacher or another student; or

    4. (D)

       1. (i) Any other similar action that presents a physical danger or a threat of physical danger to a teacher or another student.

       2. (ii) This section does not apply to:

          1. (a) (a) An educational facility of the Division of Youth Services;
          2. (b) (b) An educational facility that contracts with the division or the Arkansas Correctional School District.