Virginia schools would add penalties and response rules for serious bullying

A person who commits aggravated bullying against an enrolled student would commit a Class 1 misdemeanor. The student must be enrolled in an elementary or secondary school. Listed traits include race, religion, age, sex, disability, medical or mental health condition, and appearance. Aggravated bullying means more than one bullying or cyberbullying act. The acts must either aim to cause reasonable fear of bodily injury or death, provoke a breach of the peace, or incite violence; or target a listed trait and be meant to and actually interfere with school opportunities.

Continued bullying after a specified warning would count as initial evidence of intent or of interference with school opportunities. The rule applies to bullying or cyberbullying directed at a person after that warning. The warning must come from the targeted person or someone acting at that person's request. It must say the behavior causes fear of injury or death, or interferes with school attendance or participation. The evidence rule applies to an act after the warning.

Each school board would include aggravated-bullying rules in its student conduct code. The requirements apply to each school board's student conduct code and include support information for students who experience cyberbullying. The code must explain how to report incidents and set clear, escalating discipline, including expulsion if needed. It must identify legal remedies for victims and list school support services for cyberbullying victims, including mental health services. Student expression protections remain.

School officials would report certain aggravated bullying incidents to education officials and law enforcement. The principal must report covered incidents to local law enforcement, and the principal or designee reports them to the division superintendent. The duty covers incidents on a school bus, school property, or at a school-sponsored activity. The principal must report the incident to local law enforcement immediately. The division superintendent reports incidents to the Department of Education annually.