Georgia Code
Subpart 2 - Public School Disciplinary Tribunals
§ 20-2-751.4. Policies Prohibiting Bullying; Assignment to Alternative School; Notice

The term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. The term also applies to acts of cyberbullying which occur through the use of electronic communication, whether or not such electronic act originated on school property or with school equipment, if the electronic communication (1) is directed specifically at students or school personnel, (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school, and (3) creates a reasonable fear of harm to the students’ or school personnel’s person or property or has a high likelihood of succeeding in that purpose. For purposes of this Code section, electronic communication includes but is not limited to any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system.
History. Code 1981, § 20-2-751.4 , enacted by Ga. L. 1999, p. 362, § 3; Ga. L. 2000, p. 136, § 20; Ga. L. 2010, p. 516, § 2/SB 250; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2015, p. 1215, § 2/HB 131; Ga. L. 2016, p. 846, § 20/HB 737.
The 2015 amendment, effective May 6, 2015, in subsection (a), substituted the present provisions of the introductory paragraph for the former provisions, which read: “As used in this Code section, the term ‘bullying’ means an act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is:”, and added the ending undesignated paragraph. See the Editor’s note for applicability.
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised capitalization in the last sentence of the ending undesignated paragraph of subsection (a).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2015, subparagraph (a)(3)(c), as enacted by Ga. L. 2015, p. 1215, § 2/HB 131, was redesignated as subparagraph (a)(3)(C).
Editor’s notes.
Ga. L. 1999, p. 362, § 3 enacted this Code section; however, Ga. L. 1999, p. 376, § 1 also enacted a Code section originally designated as this Code section which was redesignated as Code Section 20-2-751.5.
Ga. L. 2010, p. 516, § 1/SB 250, not codified by the General Assembly, provides: “It is the intent of the General Assembly that the model policy regarding bullying that is required to be promulgated by the Department of Education under this Act shall be utilized as a resource for the benefit of local school systems and shall not be used as a definition of the exclusive applicable standard of care in any civil or administrative action.”
Ga. L. 2010, p. 516, § 4/SB 250, not codified by the General Assembly, provides that the amendment of this Code section shall apply with respect to conduct on or after May 27, 2010, and conduct prior to that date shall continue to be governed by prior law.
Ga. L. 2015, p. 1215, § 1/HB 131, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as ‘The End to Cyberbullying Act.’”
Ga. L. 2015, p. 1215, § 1/HB 131, not codified by the General Assembly, provides, in part, that this Act shall apply to conduct on or after May 6, 2015, and conduct prior to that date shall continue to be governed by prior law.
Law reviews.
For note, “Sticks and Stones and Shotguns at School: The Ineffectiveness of Constitutional Antibullying Legislation as a Response to School Violence,” see 39 Ga. L. Rev. 1109 (2005).
For article, “Defense Against Outrage and the Perils of Parasitic Torts,” see 45 Ga. L. Rev. 107 (2010).
For article, “Bullying in Public Schools: The Intersection Between the Student’s Free Speech Rights and the School’s Duty to Protect,” see 62 Mercer L. Rev. 407 (2011).
For comment, “Pacifism in a Dog-Eat-Dog World: Potential Solutions to School Bullying,” see 64 Mercer L. Rev. 753 (2013).