Bill Text: MI SB0074 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Education; discipline; cyberbullying to be defined and addressed in anti-bullying policy; require, and require certain reporting. Amends sec. 1310b of 1976 PA 451 (MCL 380.1310b).
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-31 - Assigned Pa 0478'14 [SB0074 Detail]
Download: Michigan-2013-SB0074-Introduced.html
SENATE BILL No. 74
January 24, 2013, Introduced by Senators ANDERSON, HOOD, HOPGOOD, WHITMER, GREGORY, WARREN, YOUNG, ROCCA, BIEDA and KOWALL and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1310b (MCL 380.1310b), as added by 2011 PA 241.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1310b. (1) Subject to subsection (3), not later than 6
months
after the effective date of this section, June 6, 2012, 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 bullying at school, as defined in this section.
(2) Subject to subsection (3), before adopting the policy
required under subsection (1), the board or board of directors
shall hold at least 1 public hearing on the proposed policy. This
public hearing may be held as part of a regular board meeting.
Subject to subsection (3), not later than 30 days after adopting
the policy, the board or board of directors shall submit a copy of
its policy to the department.
(3)
If, as of the effective date of this section, December 6,
2011, a school district, intermediate school district, or public
school academy has already adopted and implemented an existing
policy prohibiting bullying at school and that policy is in
compliance with subsection (5), the board of the school district or
intermediate school district or board of directors of the public
school academy is not required to adopt and implement a new policy
under subsection (1). However, this subsection applies to a school
district, intermediate school district, or public school academy
described in this subsection only if the board or board of
directors submits a copy of its policy to the department not later
than
60 days after the effective date of this section.February 4,
2012.
(4)
Not later than 1 year after the deadline under subsection
(2)
for districts and public school academies to submit copies of
their
policies to the department, July
6, 2013, the department
shall submit a report to the senate and house standing committees
on education summarizing the status of the implementation of
policies under this section.
(5) A policy adopted pursuant to subsection (1) shall include
at least all of the following:
(a) A statement prohibiting bullying of a pupil. Beginning not
later than the beginning of the 2013-2014 school year, this
statement shall include cyberbullying as a form of bullying and
shall define cyberbullying.
(b) A statement prohibiting retaliation or false accusation
against a target of bullying, a witness, or another person with
reliable information about an act of bullying.
(c) A provision indicating that all pupils are protected under
the policy and that bullying is equally prohibited without regard
to its subject matter or motivating animus.
(d) The identification by job title of school officials
responsible for ensuring that the policy is implemented.
(e) A statement describing how the policy is to be publicized.
(f) A procedure for providing notification to the parent or
legal guardian of a victim of bullying and the parent or legal
guardian of a perpetrator of the bullying.
(g) A procedure for reporting an act of bullying.
(h) A procedure for prompt investigation of a report of
violation of the policy or a related complaint, identifying either
the principal or the principal's designee as the person responsible
for the investigation.
(i) A procedure for each public school to document any
prohibited incident that is reported and a procedure to report all
verified incidents of bullying and the resulting consequences,
including discipline and referrals, to the board of the school
district or intermediate school district or board of directors of
the public school academy on an annual basis.
(6) The legislature encourages a board or board of directors
to include all of the following in the policy required under this
section:
(a) Provisions to form bullying prevention task forces,
programs, teen courts, and other initiatives involving school
staff, pupils, school clubs or other student groups,
administrators, volunteers, parents, law enforcement, community
members, and other stakeholders.
(b) A requirement for annual training for administrators,
school employees, and volunteers who have significant contact with
pupils on preventing, identifying, responding to, and reporting
incidents of bullying.
(c) A requirement for educational programs for pupils and
parents on preventing, identifying, responding to, and reporting
incidents of bullying and cyberbullying.
(7) The department shall establish a form and procedure for
school districts and public school academies to report incidents of
bullying to the department on an annual basis and shall make this
information readily available to the public. A school district or
public school academy shall report incidents of bullying to the
department according to the form and procedures established by the
department.
(8) (7)
A school employee, school
volunteer, pupil, or parent
or guardian who promptly reports in good faith an act of bullying
to the appropriate school official designated in the school
district's or public school academy's policy and who makes this
report in compliance with the procedures set forth in the policy is
immune from a cause of action for damages arising out of the
reporting itself or any failure to remedy the reported incident.
However, this immunity does not apply to a school official who is
designated under subsection (5)(d), or who is responsible for
remedying the bullying, when acting in that capacity.
(9) (8)
As used in this section:
(a) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, 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) "Bullying" means any written, verbal, or physical act, or
any electronic communication, that is intended or that a reasonable
person would know is likely to harm 1 or more pupils either
directly or indirectly by doing any of the following:
(i) Substantially interfering with educational opportunities,
benefits, or programs of 1 or more pupils.
(ii) Adversely affecting the ability of a pupil to participate
in or benefit from the school district's or public school's
educational programs or activities by placing the pupil in
reasonable fear of physical harm or by causing substantial
emotional distress.
(iii) Having an actual and substantial detrimental effect on a
pupil's physical or mental health.
(iv) Causing substantial disruption in, or substantial
interference with, the orderly operation of the school.
(c) "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.
(10) (9)
This section shall be known as
"Matt's Safe School
Law".
