The Parental Accountability in Bullying Prevention Act
The Parental Accountability in Bullying Prevention Act
Section 1. Purpose The purpose of this Act is to protect the health, safety, and welfare of students by ensuring that parents and legal guardians take active, responsible measures to prevent and intervene in bullying and cyberbullying behaviors perpetrated by their minor children.
Section 2. Definitions
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"Bullying" means any severe, pervasive, or persistent physical or verbal act or conduct, including electronic communications, directed toward a student that can be reasonably predicted to place the student in reasonable fear of harm, cause a substantially detrimental effect on the student’s physical or mental health, or substantially interfere with the student’s academic performance.
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"Cyberbullying" means bullying through the use of technology or any electronic communication, including but not limited to social media, text messaging, and digital forums.
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"Parent/Guardian" means any person who has legal custody or control of a minor child.
Section 3. Parental Duty to Supervise It shall be unlawful for any parent or guardian having legal custody and control of a minor child to act negligently or fail to exercise reasonable supervision and control over that minor child so as to allow the minor child to engage in repeated acts of bullying or cyberbullying.
Section 4. Enforcement and Tiered Penalties Enforcement of this Act shall follow a tiered structure to ensure parents are aware of the behavior and are given an opportunity to intervene:
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Tier 1: Formal Written Notice. Upon the first confirmed instance of bullying by a minor, the school administration or local law enforcement shall issue a formal written notice to the parent/guardian. This notice will detail the specific behavior, provide resources for behavioral correction, and require a mandatory conference between the school, the parent, and the student.
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Tier 2: First Offense (Failure to Intervene). If the minor engages in a subsequent act of bullying within 90 days of the Tier 1 notice, the parent/guardian shall be issued a civil citation and subject to a fine of $250. The court may waive this fine if the parent/guardian and child enroll in and complete a certified anger management, empathy, or family counseling program.
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Tier 3: Subsequent Offenses. For any further acts of bullying committed by the minor within one calendar year, the parent/guardian shall be subject to a fine of up to $750 per incident and up to 30 hours of mandatory community service.
Section 5. Civil Liability and Restitution. In addition to the civil fines outlined in Section 4, a parent/guardian who fails to correct a minor's bullying behavior after receiving Tier 1 notice shall be held jointly and severally liable in civil court for damages caused by the minor. Eligible restitution includes, but is not limited to:
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Medical expenses resulting from physical injury.
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Out-of-pocket costs for psychiatric or psychological counseling for the victim.
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Costs associated with repairing or replacing damaged property or technology.
Section 6. Anti-Retaliation Clause: Any attempt by the offending minor or their parent/guardian to retaliate, intimidate, or harass the victim, the victim's family, or anyone who reported the bullying shall result in an immediate elevation to Tier 3 penalties and potential criminal harassment charges.
