Reporting and Investigating Bullying

Definition of Bullying Under Louisiana Law

Louisiana law defines bullying as a pattern of behavior that includes one or more of the following:

• Gestures, including but not limited to obscene gestures
• Written, electronic, or verbal communications, including but not limited to calling names, threatening harm, taunting, malicious teasing, or spreading untrue rumors
• Electronic communication, including but not limited to a communication or image transmitted by email, instant message, text message, blog, or social networking website through the use of a telephone, mobile phone, pager, computer, or other electronic device
• Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property
• Repeatedly and purposefully shunning a student from activities

The pattern of behavior must be exhibited more than once toward a student by another student or group of students and must occur or be received:

• On school property
• At a school-sponsored or school-related function or activity
• At a designated school bus stop
• On a school bus or other school or private vehicle used to transport students
• At any school-sponsored activity or event

The behavior must have the effect of:

• Physically harming a student
• Placing a student in reasonable fear of physical harm
• Damaging a student’s property or placing the student in reasonable fear of such damage
• Creating an intimidating or threatening educational environment
• Substantially interfering with a student’s performance in school
• Substantially disrupting the orderly operation of the school

Policy Notification Requirements

The governing authority of each public elementary and secondary school shall inform each student, orally and in writing, at the orientation required under R.S. 17:416.20, of:

• The prohibition against bullying
• The nature and consequences of bullying
• Potential criminal consequences and loss of driving privileges as provided in R.S. 17:416.1
• The process and procedure for reporting bullying

Reporting an Act of Bullying

Each governing authority shall develop a procedure for reporting incidents of bullying. This procedure shall include a bullying report form that contains an affirmation of truth.

• Any bullying report submitted, regardless of recipient, shall use the required form
• Additional information may be provided with the form
• The form must be available on the Department of Education’s website and the website of each public school

Who May Report

A bullying report may be submitted by:

• A student who believes they are a victim of bullying
• A student, parent, or legal guardian who witnesses bullying
• A student, parent, or legal guardian who has reason to believe bullying is occurring

Reports may be made to a teacher, counselor, administrator, school employee, or chaperone supervising a school activity.

All bullying reports shall remain confidential.

Mandatory Reporting by School Employees

Any teacher, counselor, bus operator, or other school employee, whether full- or part-time, and any chaperone supervising a school function or activity, who witnesses bullying or receives a report of bullying shall report the incident to a school official.

• A verbal report must be made on the same day the incident is witnessed or learned of
• A written report must be submitted no later than two days after the incident

Retaliation and False Reports

Retaliation against any person who reports bullying in good faith, who is believed to have reported bullying, who files a complaint, or who participates in an investigation is prohibited and subject to disciplinary action.

Intentionally making false reports of bullying is also prohibited and may result in disciplinary measures as determined by the school’s governing authority in accordance with BESE rules.

Investigating an Act of Bullying

Scope of Investigation

An investigation shall include:

• Interviews with the reporter, alleged victim, alleged bully, and witnesses
• Collection of copies or photographs of any audio or visual evidence

Timelines

• The school shall begin the investigation on the next business day during which school is in session after receiving a report
• The investigation must be completed no later than ten school days after the written report is submitted
• If additional information is received after the ten-day period, documents and reports must be amended accordingly

Meetings With Parents or Legal Guardians

Before interviewing any student under the age of eighteen, the school official must notify the student’s parent or legal guardian of the allegations and allow them the opportunity to attend interviews.

If, after three attempts within a forty-eight-hour period, the parent or legal guardian cannot be reached or does not respond, the student may be interviewed.

Meetings with the parents or guardians of the alleged victim and the alleged perpetrator must be conducted separately.

Parents or guardians must be informed of potential consequences, penalties, and counseling options.

If a parent or guardian refuses to attend a required conference, the principal or designee may file a complaint with the appropriate juvenile court pursuant to applicable provisions of the Children’s Code.

Notification to Parents or Legal Guardians

Upon receiving a report of bullying, the school official shall notify the parent or legal guardian of each involved student according to the notice definition established by the Department of Education.

Under no circumstances shall delivery of notice be the responsibility of an involved student. Notice delivered by a student does not constitute proper notice.

Resolution of Investigation

Following the investigation and required meetings, the school or governing authority shall:

• Prepare a written document outlining the findings, including parental input and the final decision
• Place the document in the school records of each involved student
• Notify the complainant of the findings and remedial actions taken, when permitted by law
• Maintain confidentiality of records in accordance with FERPA and applicable laws
• Retain complaints and investigative reports for three years when disclosure may be required
• Provide investigative documents to the governing authority, Department of Education, or law enforcement when applicable

Procedure for Appeal

If a school official does not take timely and effective action, a student, parent or legal guardian, or school employee may report the incident to the local school governing authority.

If the governing authority does not take timely and effective action, the incident may be reported to the Louisiana Department of Education.

Failure to Act

School employees who witness bullying or receive a report and fail to act shall be investigated by the governing authority and may be suspended without pay.

Administrators who fail to notify parents, investigate reports, take disciplinary action, or report criminal conduct may also be suspended without pay.

School governing authorities must report findings of failure to act to the Department of Education annually by August 1. The Department shall report statewide findings to BESE by September 1.

Parental Relief Options

When four or more reports of separate bullying incidents have been made and no investigation has occurred, a parent or legal guardian may request a transfer for the student to another school operated by the governing authority.

The governing authority must provide placement within required timelines or offer virtual school options, cooperative placement with another LEA, or a hearing if placement is not made within statutory timeframes.

Parents may request that a student return to their original school at the end of a school year when conditions outlined in statute are met.