Section 1303.1-A. Policy Relating to Bullying and Cyberbullying.--(a) Each school entity shall adopt a policy or amend its existing policy relating to bullying and cyberbullying and incorporate the policy into the school entity's code of student conduct required under 22 Pa. Code § 12.3(c) (relating to school rules). The policy shall delineate disciplinary consequences for bullying and cyberbullying and may provide for prevention, intervention and education programs, provided that no school entity shall be required to establish a new policy under this section if one currently exists and reasonably fulfills the requirements of this section. The policy shall identify the appropriate school staff person to receive reports of incidents of alleged bullying and cyberbullying. The policy shall require all incidents of alleged bullying and cyberbullying to be investigated promptly by the school entity and include a procedure for investigating a report of an incident of alleged bullying or cyberbullying received by the school entity. After determining that an incident of bullying or cyberbullying has occurred, the school entity shall immediately notify, as soon as practicable, parents or legal guardians of any student involved in the incident of the determination.
(b) Each school entity shall make the policy available on its publicly accessible Internet website, if available, and in every classroom. Each school entity shall post the policy at a prominent location within each school building where such notices are usually posted. Each school entity shall ensure that the policy and procedures for reporting bullying and cyberbullying incidents are reviewed with students within ninety (90) days after their adoption and thereafter at least once each school year.
(c) Each school entity shall review its policy every three (3) years and annually provide the Department of Education with a copy of its policy relating to bullying and cyberbullying, including information related to the development and implementation of any bullying and cyberbullying prevention, intervention and education programs. The information required under this subsection shall be attached to or made part of the annual report required under section 1319-B(b).
(d) In its policy relating to bullying and cyberbullying adopted or maintained under subsection (a), a school entity shall not be prohibited from defining bullying and cyberbullying in such a way as to encompass acts that occur outside a school setting if those acts meet the requirements contained in paragraphs (1), (3) and (4) of the definition of "bullying" under subsection (e). If a school entity reports acts of bullying to the Department of Education in accordance with section 1319-B(b), it shall report all incidents that qualify as bullying and cyberbullying under the entity's adopted definition of that term.
(e) For purposes of this article,
"Artificial intelligence-generated or modified media" shall mean text, code, images, audio or video data that has been created or modified from its original source data through the use of artificial intelligence technology, programs or platforms.
"Bullying" shall mean an intentional electronic, written, verbal or physical act, or a series of acts:
(1) directed at another student or students;
(2) which occurs in a school setting;
(3) that is severe, persistent or pervasive; and
(4) that has the effect of doing any of the following:
(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the school.
"Cyberbullying" shall mean bullying through the use of electronic technology or communication, including data, computer software or online platforms regardless of their origin, using a device, system, network, Internet service, email, social media or other digital means, including artificial intelligence-generated or modified media, when the conduct meets the criteria in paragraphs (1), (3) and (4) of the definition of "bullying."
"School entity." A school district, intermediate unit, area career and technical school, charter school, cyber charter school and regional charter school.
"School setting" shall mean in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school.
(1303.1-A amended July 12, 2026, P.L.220, No.20)