Mississippi 2025 Regular Session

Mississippi House Bill HB975 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Fondren House Bill 975 AN ACT TO ESTABLISH "MISSISSIPPI COMPREHENSIVE ANTI-BULLYING AND CYBERBULLYING ACT OF 2025", WHICH SHALL SERVE AS PHASED-IN PILOT PROGRAM IN MISSISSIPPI PUBLIC SCHOOLS; TO PROVIDE THAT THE PROGRAM'S PURPOSE IS DESIGNED TO PROVIDE SUPPORT AND INTERVENTION FOR BOTH VICTIMS AND PERPETRATORS OF BULLYING AND CYBERBULLYING; TO CREATE A SUSTAINABLE MODEL FOR REDUCING BULLYING INCIDENTS AND FOSTERING A CULTURE OF EMPATHY AND RESPECT IN SCHOOL; TO DEFINE TERMINOLOGY; TO REQUIRE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND OVERSEE THE PHASED-IN IMPLEMENTATION OF THE COMPREHENSIVE ANTI-BULLYING PILOT PROGRAM; TO REQUIRE EACH SCHOOL DISTRICT TO DESIGNATE AN ANTI-BULLYING COORDINATOR TO MONITOR PROGRAM IMPLEMENTATION AND REPORT OUTCOMES TO THE DEPARTMENT; TO REQUIRE THE DEPARTMENT TO SELECT INITIAL SCHOOLS SELECTED TO PARTICIPATE IN THE PILOT PROGRAM BASED ON SCHOOLS HAVING THE HIGHEST INCIDENCES OF BULLYING, UNLAWFUL ACTIVITY AND STUDENTS CHARGED WITH CRIMES AS SUCH DATA IS REQUIRED TO BE REPORTED TO THE DEPARTMENT BY EACH SCHOOL DISTRICT; TO BRING FORWARD SECTIONS 37-11-67 AND 37-11-69, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS ADDRESSING BULLYING OR HARASSING BEHAVIOR IN SCHOOLS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known, and may be cited as the "Mississippi Comprehensive Anti-Bullying and Cyberbullying Act of 2025." SECTION 2. (1) The Legislature finds that: (a) One (1) in five (5) students report being bullied, with many experiencing repeated incidents that negatively impact mental health, academic performance and relationships; (b) Research indicates that eighty percent (80%) of school shooters had experienced bullying, and students who are bullied are at higher risk for depression, anxiety and dropping out of school; (c) Students who bully others often face long-term consequences, including criminal convictions and abusive behavior in adulthood; (d) Data from the National Institute of Justice shows a twenty percent (20%) reduction in bullying incidents in schools implementing comprehensive anti-bullying programs; and (e) A phased, structured approach to program implementation can balance costs with long-term benefits, such as improved academic outcomes, reduced absenteeism and safer school environments. (2) This act seeks to: (a) Establish a phased-in, comprehensive anti-bullying program in all public schools across Mississippi; (b) Provide support and intervention for both victims and perpetrators of bullying and cyberbullying; and (c) Create a sustainable model for reducing bullying incidents and fostering a culture of empathy and respect in schools. SECTION 3. For the purposes of this act, the following terms shall have the meanings herein ascribed, unless context clearly requires otherwise: (a) "Bullying or harassing behavior" any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that: (i) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or (ii) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior. (b) "Cyberbullying" means bullying conducted through electronic communication, including social media, text messaging and email. (c) "Program" means the comprehensive anti-bullying program established under this act. SECTION 4. (1) The State Department of Education shall develop and oversee the phased-in implementation of a comprehensive anti-bullying pilot program, which provides for: (a) Training for teachers, staff and administrators on identifying and addressing bullying. (b) Counseling and mental health support for victims of bullying. (c) Intervention, counseling, and rehabilitation for students identified as perpetrators of bullying; and (d) School-wide educational campaigns to promote empathy, diversity and respect. (2) Each school district shall designate an Anti-Bullying Coordinator to monitor program implementation and report outcomes to the department. (3) The department shall oversee the implementation of schools into the pilot program based on school districts reporting schools located therein having highest incidences of bullying, unlawful activity and students charged with crimes as such data is required to be reported to the department under the provisions of Sections 37-11-29 and 37-11-69. The program shall be phased-in as follows: (a) Beginning with the 2025-2026 school year, comprehensive anti-bullying pilot programs shall be implemented in ten percent (10%) of schools statewide, with an emphasis on high-need areas, as determined by the department under the authority of this subsection; (b) Beginning with the 2026-2027 school year, the comprehensive anti-bullying program shall be expanded to encompass implementation in fifty percent (50%) of schools statewide, incorporating lessons and strategies learned from schools selected for participation as a pilot school site; and (c) Beginning with the 2027-2028 school year, the comprehensive anti-bullying program shall be fully implemented across all public schools in the state, with periodic assessments and adjustments. SECTION 5. (1) Schools shall maintain detailed records of bullying incidents in accordance with Section 37-11-69(1)(f) and program outcomes. (2) The State Department of Education shall submit an annual report to the Legislature, summarizing program progress of the program's effectiveness and recommendations for improvements. SECTION 6. (1) The Legislature shall allocate funds to the State Department of Education for program development, training and evaluation. (2) School districts may seek grants or partnerships with local organizations to supplement resources. SECTION 7. Section 37-11-67, Mississippi Code of 1972, is brought forward as follows: 37-11-67. (1) As used in this section, "bullying or harassing behavior" is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that: (a) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or (b) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior. (2) No student or school employee shall be subjected to bullying or harassing behavior by school employees or students. (3) No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior. (4) A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official. (5) A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official. (6) Conduct described in subsection (1) of this section is considered bullying if that conduct interferes with a student's education or substantially disrupts the operation of a school. SECTION 8. Section 37-11-69, Mississippi Code of 1972, is brought forward as follows: 37-11-69. (1) Each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior, that: (a) Prohibit the bullying of a student; (b) Prohibit retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying; (c) Establish a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident; (d) Establish the actions a student should take to obtain assistance and intervention in response to bullying; (e) Set out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying; (f) Establish procedures for reporting an incident of bullying, investigating a reported incident of bullying and determining whether the reported incident of bullying occurred; (g) Prohibit the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self-defense in response to the bullying; and (h) Require that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 USCS Section 1400 et seq.). (2) The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing. (3) The procedure for reporting bullying established under subsection (1) of this section must be posted on the district's Internet website. SECTION 9. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, such declaration shall not affect the parts of this act which remain. SECTION 10. This act shall take effect and be in force from and after July 1, 2025.
22
33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Education
88
99 By: Representative Fondren
1010
1111 # House Bill 975
1212
1313 AN ACT TO ESTABLISH "MISSISSIPPI COMPREHENSIVE ANTI-BULLYING AND CYBERBULLYING ACT OF 2025", WHICH SHALL SERVE AS PHASED-IN PILOT PROGRAM IN MISSISSIPPI PUBLIC SCHOOLS; TO PROVIDE THAT THE PROGRAM'S PURPOSE IS DESIGNED TO PROVIDE SUPPORT AND INTERVENTION FOR BOTH VICTIMS AND PERPETRATORS OF BULLYING AND CYBERBULLYING; TO CREATE A SUSTAINABLE MODEL FOR REDUCING BULLYING INCIDENTS AND FOSTERING A CULTURE OF EMPATHY AND RESPECT IN SCHOOL; TO DEFINE TERMINOLOGY; TO REQUIRE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND OVERSEE THE PHASED-IN IMPLEMENTATION OF THE COMPREHENSIVE ANTI-BULLYING PILOT PROGRAM; TO REQUIRE EACH SCHOOL DISTRICT TO DESIGNATE AN ANTI-BULLYING COORDINATOR TO MONITOR PROGRAM IMPLEMENTATION AND REPORT OUTCOMES TO THE DEPARTMENT; TO REQUIRE THE DEPARTMENT TO SELECT INITIAL SCHOOLS SELECTED TO PARTICIPATE IN THE PILOT PROGRAM BASED ON SCHOOLS HAVING THE HIGHEST INCIDENCES OF BULLYING, UNLAWFUL ACTIVITY AND STUDENTS CHARGED WITH CRIMES AS SUCH DATA IS REQUIRED TO BE REPORTED TO THE DEPARTMENT BY EACH SCHOOL DISTRICT; TO BRING FORWARD SECTIONS 37-11-67 AND 37-11-69, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS ADDRESSING BULLYING OR HARASSING BEHAVIOR IN SCHOOLS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. This act shall be known, and may be cited as the "Mississippi Comprehensive Anti-Bullying and Cyberbullying Act of 2025."
1818
1919 SECTION 2. (1) The Legislature finds that:
2020
2121 (a) One (1) in five (5) students report being bullied, with many experiencing repeated incidents that negatively impact mental health, academic performance and relationships;
2222
2323 (b) Research indicates that eighty percent (80%) of school shooters had experienced bullying, and students who are bullied are at higher risk for depression, anxiety and dropping out of school;
2424
2525 (c) Students who bully others often face long-term consequences, including criminal convictions and abusive behavior in adulthood;
2626
2727 (d) Data from the National Institute of Justice shows a twenty percent (20%) reduction in bullying incidents in schools implementing comprehensive anti-bullying programs; and
2828
2929 (e) A phased, structured approach to program implementation can balance costs with long-term benefits, such as improved academic outcomes, reduced absenteeism and safer school environments.
3030
3131 (2) This act seeks to:
3232
3333 (a) Establish a phased-in, comprehensive anti-bullying program in all public schools across Mississippi;
3434
3535 (b) Provide support and intervention for both victims and perpetrators of bullying and cyberbullying; and
3636
3737 (c) Create a sustainable model for reducing bullying incidents and fostering a culture of empathy and respect in schools.
3838
3939 SECTION 3. For the purposes of this act, the following terms shall have the meanings herein ascribed, unless context clearly requires otherwise:
4040
4141 (a) "Bullying or harassing behavior" any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
4242
4343 (i) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
4444
4545 (ii) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
4646
4747 (b) "Cyberbullying" means bullying conducted through electronic communication, including social media, text messaging and email.
4848
4949 (c) "Program" means the comprehensive anti-bullying program established under this act.
5050
5151 SECTION 4. (1) The State Department of Education shall develop and oversee the phased-in implementation of a comprehensive anti-bullying pilot program, which provides for:
5252
5353 (a) Training for teachers, staff and administrators on identifying and addressing bullying.
5454
5555 (b) Counseling and mental health support for victims of bullying.
5656
5757 (c) Intervention, counseling, and rehabilitation for students identified as perpetrators of bullying; and
5858
5959 (d) School-wide educational campaigns to promote empathy, diversity and respect.
6060
6161 (2) Each school district shall designate an Anti-Bullying Coordinator to monitor program implementation and report outcomes to the department.
6262
6363 (3) The department shall oversee the implementation of schools into the pilot program based on school districts reporting schools located therein having highest incidences of bullying, unlawful activity and students charged with crimes as such data is required to be reported to the department under the provisions of Sections 37-11-29 and 37-11-69. The program shall be phased-in as follows:
6464
6565 (a) Beginning with the 2025-2026 school year, comprehensive anti-bullying pilot programs shall be implemented in ten percent (10%) of schools statewide, with an emphasis on high-need areas, as determined by the department under the authority of this subsection;
6666
6767 (b) Beginning with the 2026-2027 school year, the comprehensive anti-bullying program shall be expanded to encompass implementation in fifty percent (50%) of schools statewide, incorporating lessons and strategies learned from schools selected for participation as a pilot school site; and
6868
6969 (c) Beginning with the 2027-2028 school year, the comprehensive anti-bullying program shall be fully implemented across all public schools in the state, with periodic assessments and adjustments.
7070
7171 SECTION 5. (1) Schools shall maintain detailed records of bullying incidents in accordance with Section 37-11-69(1)(f) and program outcomes.
7272
7373 (2) The State Department of Education shall submit an annual report to the Legislature, summarizing program progress of the program's effectiveness and recommendations for improvements.
7474
7575 SECTION 6. (1) The Legislature shall allocate funds to the State Department of Education for program development, training and evaluation.
7676
7777 (2) School districts may seek grants or partnerships with local organizations to supplement resources.
7878
7979 SECTION 7. Section 37-11-67, Mississippi Code of 1972, is brought forward as follows:
8080
8181 37-11-67. (1) As used in this section, "bullying or harassing behavior" is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
8282
8383 (a) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
8484
8585 (b) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
8686
8787 (2) No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.
8888
8989 (3) No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior.
9090
9191 (4) A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.
9292
9393 (5) A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.
9494
9595 (6) Conduct described in subsection (1) of this section is considered bullying if that conduct interferes with a student's education or substantially disrupts the operation of a school.
9696
9797 SECTION 8. Section 37-11-69, Mississippi Code of 1972, is brought forward as follows:
9898
9999 37-11-69. (1) Each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior, that:
100100
101101 (a) Prohibit the bullying of a student;
102102
103103 (b) Prohibit retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;
104104
105105 (c) Establish a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident;
106106
107107 (d) Establish the actions a student should take to obtain assistance and intervention in response to bullying;
108108
109109 (e) Set out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;
110110
111111 (f) Establish procedures for reporting an incident of bullying, investigating a reported incident of bullying and determining whether the reported incident of bullying occurred;
112112
113113 (g) Prohibit the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self-defense in response to the bullying; and
114114
115115 (h) Require that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 USCS Section 1400 et seq.).
116116
117117 (2) The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing.
118118
119119 (3) The procedure for reporting bullying established under subsection (1) of this section must be posted on the district's Internet website.
120120
121121 SECTION 9. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, such declaration shall not affect the parts of this act which remain.
122122
123123 SECTION 10. This act shall take effect and be in force from and after July 1, 2025.