(b)

1. (1) Each public school district board of directors or open-enrollment public charter school’s management organization shall adopt policies to prevent bullying.

2. (2) The policies shall:

   1. (A) Clearly define conduct that constitutes bullying and shall include the definition contained in Arkansas Code § 6-18-514 and this part;
   2. (B) Prohibit bullying while:

(i) In school;

1. (ii) On school equipment or property;

   1. (iii) In school vehicles;

      1. (iv) On school buses;
      2. (v) At designated school bus stops;
      3. (vi) At school-sponsored activities; or
      4. (vii) At school-sanctioned events;
   2. (C) Prohibit cyberbullying that results in the substantial disruption of the orderly operation of the school or educational environment, whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose;
   3. (D) State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;
   4. (E) Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of an incident of bullying as defined by the public school district shall report the incident to the principal as soon as possible;
   5. (F) Require that any person who files a credible report or makes a complaint of bullying shall not be subject to retaliation or reprisal in any form;
   6. (G) Require that notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district;
   7. (H) Require that copies of the notice of what constitutes bullying, the prohibition of bullying, and the consequences of engaging in bullying be provided to parents and legal guardians, students, school volunteers, and employees of the public school annually;
   8. (I) Require that a full copy of the policy be made available upon request;
   9. (J) Describe the procedures for reporting an incident of bullying and the steps school employees may take in order to address a report of an alleged incident of bullying; and

   10. (K) Include information on how to make an anonymous report to the school safety and crisis line under Arkansas Code § 6-18-111.

       1. (c) A notice of the public school district or open-enrollment public charter school’s policies shall appear in any publication of the public school district or open-enrollment public charter school that sets forth the comprehensive rules, procedures, and standards of conduct for public schools within the public school district or open-enrollment public charter school, and the student handbook.
       2. (d) The public school district or open-enrollment public charter school shall, to the extent required, annually conduct a reevaluation, reassessment, and review of its policies regarding the prohibition of bullying and make any necessary revisions and additions.

(h) The public school district or open-enrollment public charter school shall provide the Division of Elementary and Secondary Education with the website address at which a copy of the policies adopted in compliance with this part may be found.

1. (i) Nothing in this part shall be construed to:
2. (1) Restrict a public school district or open-enrollment public charter school from adopting and implementing policies against bullying and school violence or policies to promote civility and student dignity that are more inclusive than the policies prohibiting bullying required under this part;

3. (2) Unconstitutionally restrict protected rights of:

   1. (A) Freedom of speech;
   2. (B) Freedom of religious exercise; or
   3. (C) Freedom of assembly;
4. (3) Affect the provisions of any collective bargaining agreement or individual contract of employment in effect on July 24, 2019; or
5. (4) Alter or reduce the rights of a student with a disability with regard to disciplinary action or to general or special educational services and support.

(j) If an alleged incident of bullying occurs during school hours, a public school principal or his or her designee who receives a credible report or complaint of bullying shall as soon as reasonably practicable:

1. (1) Report to a parent or legal guardian of a student believed to be the victim of an incident of bullying that his or her child is the victim in a credible report or complaint of bullying;
2. (2) Prepare a written report of the alleged incident of bullying;

3. (3)

   1. (A) Promptly investigate the credible report or complaint.
   2. (B) The investigation shall be completed as soon as possible but not later than five (5) school days from the date of the written report of the alleged incident of bullying.

   3. (C) Following the completion of the investigation into the alleged incident of bullying, an individual licensed as a public school district or open-enrollment public charter school building-level administrator or his or her designee may without limitation:

      1. (i) Provide intervention services;
      2. (ii) Establish training programs to reduce bullying;
      3. (iii) Impose discipline on any of the parties involved in the incident of bullying in accordance with state and federal law and rules and district policy;
      4. (iv) Recommend counseling for any of the parties involved in the incident of bullying; or
      5. (v) Take or recommend other appropriate action;

4. (4)

   1. (A) Notify the parent or legal guardian of the student who is determined to have been the perpetrator of the incident of bullying:

      1. (i) Upon completion of the investigation; and
      2. (ii) Regarding the consequences of continued incidents of bullying.

   2. (B) A parent or legal guardian of a student who is the victim or perpetrator of an incident of bullying is entitled within five (5) school days after the completion of the investigation and in accordance with federal and state law, to receive information about the investigation, including without limitation:

      1. (i) That a credible report or complaint of bullying exists;
      2. (ii) Whether the credible report or complaint of bullying was found to be true based on the investigation;
      3. (iii) Whether action was taken upon the conclusion of the investigation of the alleged incident of bullying; and
      4. (iv) Information regarding the reporting of another incident of bullying;

5. (5)

   1. (A) Make a written record of the investigation and any action taken as a result of the investigation.
   2. (B) The written record of the investigation shall include a detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying; and
6. (6) Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

(k) One (1) time each school year, the superintendent of a public school district or open-enrollment public charter school shall report to the public school district board of directors or the open-enrollment public charter school’s management organization at a public hearing data regarding discipline in the public school district or open-enrollment public charter school, including without limitation the:

1. (1) Number of incidents of bullying reported; and

2. (2) Actions taken regarding the reported incidents of bullying.

   1. (l) To prevent multiple, simultaneous investigations into the same alleged conduct, if the facts that support an alleged incident of bullying under this section may also constitute a violation of another state law or rule or federal law or regulation, nothing in this section shall be construed to prevent a public school, public school district, or open-enrollment public charter school from investigating and disposing of the alleged incident of bullying in accordance with the other applicable state law or rule or federal law or regulation in lieu of the requirements of this section.

      1. (m) A public school, public school district, or open-enrollment public charter school shall complete the manner of process or investigation selected by the public school or public school district under subsection (l) of this section.