Legislative proposal includes all students enrolled in K-12 public and private schools in Tennessee
By Sabrina Bates
Staff Writer
Students engaging in any form of bullying or cyberbullying could face a criminal charge of harassment after a proposal by legislators in east Tennessee cleared the Tennessee Senate on Monday.
Under the legislation, Senate Bill 1887, engaging in bullying and cyberbullying constitutes harassment. Present law notes, a person commits harassment who intentionally communicates a threat to another person and the person communicating the threat intends the communication to be a threat of harm to the victim and a reasonable person would perceive the communication to be a threat of harm; a person communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys, offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient; a person communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false; or a person communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described above and the person maliciously intends the communication to be a threat of harm to the victim and a reasonable person would perceive the communication to be a threat of harm.”
The bill’s sponsor, Sen. Adam Lowe (R-01) of Calhoun, explained cyber-bullying, particularly through social media, is considered the No. 1 cause of anxiety among middle- and high-schoolers. When asked on the Senate floor on Monday why the bill only specifies students, or minors, and not adults, Lowe responded that the suggestion has the potential for additional future legislation or an amendment to the current bill.
“Bullying” is defined in this bill as an act that substantially interferes with a student’s educational benefits, opportunities, or performance; and if the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at a student or students and has the effect of creating a hostile educational environment or otherwise creating a substantial disruption to the education environment or learning process; or if the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of:
(1) Physically harming a student or damaging a student’s property;
(2) Knowingly placing a student or students in reasonable fear of physical harm to the student or damage to the student’s property;
(3) Causing emotional distress to a student or students; or
(4) Creating a hostile educational environment.
The bill applies to all students enrolled in public and private schools across the state enrolled in kindergarten through 12th grade.
In addition, law enforcement with knowledge of bullying and cyberbullying are required to notify a victim’s parent, legal guardian or legal custodian of the incident and file a report, which must be made available to the above-mentioned family members through the officer’s employing agency.
Based on information provided by the Department of Children’s Service, minors convicted of the Class A misdemeanor offense of bullying or cyberbullying are reasonably assumed to receive probation, either through DCS or the court system. Passage of the proposed legislation will not increase the number of children entering DCS custody.
In addition, the legislation notes that when a person intentionally engages in cyber-bully, that person commits a delinquent act and must be punished as provided for in the existing law relevant to delinquent children.
The proposal passed the Senate on Monday by a vote of 27-0, with four Senate members marked “present, but not voting.”
Sabrina@richardsonmediagroup.net
