Text of AL HB 226 (2011)

HB226 1 124132-1 2 By Representative Todd 3 RFD: Education Policy 4 First Read: 10-MAR-11 5 Page 0 124132-1:n:10/27/2010:LLR/tj LRS2010-4429 1 2 3 4 5 6 7 SYNOPSIS: Under existing law, State Department of 8 Education is required to develop a model policy for 9 local school boards pertaining to student 10 harassment prevention. Currently, the term 11 "harassment" does not specifically include as a 12 characteristic of a student the gender identity or 13 sexual orientation of the student or of the 14 individual who is associates with the student. 15 This bill would expand the definition of 16 "harassment" to include as a characteristic of a 17 student the gender identity or sexual orientation 18 of the student or of the individual with whom the 19 student associates. 20 21 A BILL 22 TO BE ENTITLED 23 AN ACT 24 25 To amend Section 16-28B-3, Code of Alabama 1975, 26 relating to the development of a model policy by the State 27 Page 1 Department of Education for local school boards pertaining to 1 student harassment prevention, to expand the definition of 2 "harassment" to include as a characteristic of a student the 3 gender identity or sexual orientation of the student or of the 4 individual with whom the student associates. 5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 6 Section 1. Section 16-28B-3, Code of Alabama 1975, 7 is amended to read as follows: 8 "§16-28B-3. 9 "The following terms have the following meanings: 10 "(1) DEPARTMENT. The State Department of Education. 11 "(2) HARASSMENT. A continuous pattern of intentional 12 behavior that takes place on school property, on a school bus, 13 or at a school-sponsored function including, but not limited 14 to, written, electronic, verbal, or physical acts that are 15 reasonably perceived as being motivated by any characteristic, 16 such as the gender identity or sexual orientation, of a 17 student, or by the association of a student with an individual 18 who has a particular characteristic, such as the gender 19 identity or sexual orientation of the individual, if the 20 characteristic falls into one of the categories of personal 21 characteristics contained in the model policy adopted by the 22 department or by a local board. To constitute harassment, a 23 pattern of behavior may do any of the following: 24 "a. Place a student in reasonable fear of harm to 25 his or her person or damage to his or her property. 26 Page 2 "b. Have the effect of substantially interfering 1 with the educational performance, opportunities, or benefits 2 of a student. 3 "c. Have the effect of substantially disrupting or 4 interfering with the orderly operation of the school. 5 "d. Have the effect of creating a hostile 6 environment in the school, on school property, on a school 7 bus, or at a school-sponsored function. 8 "e. Have the effect of being sufficiently severe, 9 persistent, or pervasive enough to create an intimidating, 10 threatening, or abusive educational environment for a student. 11 "(3) HOSTILE ENVIRONMENT. The perception by an 12 affected student or victim that the conduct of another student 13 constitutes a threat of violence or harassment and that the 14 conduct is objectively severe or pervasive enough that a 15 reasonable person, under the circumstances, would agree that 16 the conduct constitutes harassment, threat of assault, or 17 assault. 18 "(4) LOCAL BOARD. A city or county board of 19 education. 20 "(5) SCHOOL. Each public school, grades 21 prekindergarten through 12, the Alabama Institute for Deaf and 22 Blind, the Alabama High School of Mathematics and Science, and 23 the Alabama School of Fine Arts. 24 "(6) SCHOOL SYSTEM. The schools under the 25 jurisdiction of a local board." 26 Page 3 Section 2. This act shall become effective on the 1 first day of the third month following its passage and 2 approval by the Governor, or its otherwise becoming law. 3 Page 4