Bill Text: MI HB4391 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; discipline; adoption and implementation of policy prohibiting harassment, intimidation, or cyberbullying; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1310b.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2011-03-09 - Printed Bill Filed 03/09/2011 [HB4391 Detail]
Download: Michigan-2011-HB4391-Introduced.html
HOUSE BILL No. 4391
March 8, 2011, Introduced by Reps. McCann, Meadows, Kandrevas, Melton, Stapleton, Dillon, Tlaib and Hovey-Wright and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1310b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1310b. (1) Not later than 6 months after the effective
date of this section, the board of a school district or
intermediate school district or board of directors of a public
school academy shall adopt and implement a policy prohibiting
harassment, intimidation, bullying, or cyberbullying at school, as
defined in this section.
(2) The board of a school district or intermediate school
district or board of directors of a public school academy shall
require all teachers hired after adoption and implementation of its
policy under subsection (1) to sign a statement acknowledging that
he or she has read and is familiar with the policy.
(3) The board of a school district or intermediate school
district or board of directors of a public school academy shall
include in its technology terms of use policies and agreements
language that prohibits harassment, intimidation, bullying, or
cyberbullying, and shall require pupils and their parents to sign
these agreements in order to use district or public school academy
technology.
(4) As used in this section:
(a) "At school" means in a classroom, elsewhere on or
immediately adjacent to school premises, on a school bus or other
school-related vehicle, at an official school bus stop, on a
pupil's way to or from school, or at a school-sponsored activity or
event whether or not it is held on school premises. At school
includes conduct using a telecommunications access device or
telecommunications service provider that occurs off school premises
if the telecommunications access device or the telecommunications
service provider is owned by or under the control of the school
district or public school academy.
(b) "Electronic communication" means any communication through
a telecommunications access device or other electronic device,
including, but not limited to a telephone, cellular phone,
computer, or pager, which communication includes but is not limited
to electronic mail, instant messaging, text messages, blogs, mobile
telephones, pagers, online games, and websites.
(c) "Harassment, intimidation, bullying, or cyberbullying"
means any written, verbal, or physical act, or any electronic
communication including, but not limited to, an act or electronic
communication shown to be motivated by a pupil's actual or
perceived race, color, religion, national origin, ancestry or
ethnicity, sexual orientation, physical, mental, emotional, or
learning disability, gender, gender identity and expression, or
other distinguishing personal characteristic, or based on
association with any person with 1 or more of these actual or
perceived distinguishing personal characteristics, if the written,
verbal, or physical act or electronic communication is intended to
meet 1 or more of the following:
(i) To physically harm a pupil or damage the pupil's property.
(ii) To substantially interfere with a pupil's educational
opportunities.
(iii) To be so severe, persistent, or pervasive that it creates
an intimidating or threatening educational environment.
(iv) To substantially disrupt the orderly operation of the
school.
(d) "Telecommunications access device" and "telecommunications
service provider" mean those terms as defined in section 219a of
the Michigan penal code, 1931 PA 328, MCL 750.219a.
