BULLYING & CYBER BULLYING
Present law provides that 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.
This bill adds that engaging in bullying or cyber-bullying constitutes harassment. "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.
MAKING AN OFFICIAL REPORT
This bill provides that a law enforcement officer who has knowledge that a minor is the victim of an incident of bullying or cyber-bullying must make an official report of the incident; and provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyber-bullying and instructions concerning how to obtain a copy of the report made pursuant to this bill. "Official report" is defined in this bill as a written report made by a law enforcement officer in the course of the law enforcement officer's official duties that the parent of a minor child who is identified as a victim in the report may obtain from the law enforcement officer's employing law enforcement agency.
ON MARCH 25, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2590, AS AMENDED.
AMENDMENT #1 makes the following changes to the bill:
(1) Revises the definition of "bullying" to, instead, mean an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance; and (i) 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 physically harming the other student or damaging the other student's property, or knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or (ii) if the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process;
(2) Clarifies that, as used in the bill, a "school" means a public or private school that conducts classes in any grade from K-12;
(3) Clarifies that, as used in the bill, a "student" means a person, regardless of age, enrolled in a public or private school that conducts classes in any grade from K-12;
(4) Provides that the provisions in the bill relevant to making an official report do not apply to incidents reported to the department of safety through the SafeTN application or a successor application; and
(5) Provides 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.

Statutes affected:
Introduced: 39-17-308(e), 39-17-308, 39-17-308(a)