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".