Text of AL SB 109 (2008)

Page 0 SB109 1 95810-1 2 By Senator Griffith 3 RFD: Education 4 First Read: 05-FEB-08 5 Page 1 95810-1:e:01/08/2008:LLR/mfp LRS2007-4946 1 2 3 4 5 6 7 SYNOPSIS: Under existing law, there is no specific 8 provision for adoption of policies to prevent teen 9 suicide and violence. 10 This bill would establish the Teen Suicide 11 and Violence Prevention Act. 12 This bill would set minimum standards for 13 the adoption of policies by public school systems 14 pertaining to student suicide prevention, violence, 15 and harassment by other students. 16 This bill would require the school system to 17 which a complaint of harassment is made to inform 18 the person making the complaint of his or her civil 19 or criminal law remedies. 20 This bill would provide that the right of 21 freedom of speech would not be abridged. 22 This bill would require the State Department 23 of Education to develop a model policy pertaining 24 to suicide prevention. 25 This bill would provide certain immunity to 26 school officials and school systems. 27 Page 2 This bill would require the State Board of 1 Education to adopt rules to implement this act. 2 This bill would make an appropriation from 3 the Education Trust Fund to the State Department of 4 Education in the amount of $10,000 for fiscal year 5 2008-2009 to implement this act. 6 7 A BILL 8 TO BE ENTITLED 9 AN ACT 10 11 To establish the Teen Suicide and Violence 12 Prevention Act; to set minimum standards for the adoption of 13 policies by public school systems pertaining to student 14 suicide prevention, violence, and harassment by other 15 students; to require the school system to which a complaint of 16 harassment is made to inform the person making the complaint 17 of his or her civil or criminal law remedies; to provide that 18 the right of freedom of speech would not be abridged; to 19 require the State Department of Education to develop a model 20 policy pertaining to suicide prevention; to provide certain 21 immunity to school officials and school systems; to require 22 the State Board of Education to adopt rules to implement this 23 act; and to make an appropriation from the Education Trust 24 Fund to the State Department of Education in the amount of 25 $10,000 for fiscal year 2008-2009 to implement this act. 26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 27 Page 3 Section 1. This act shall be known and may be cited 1 as the Teen Suicide and Violence Prevention Act. 2 Section 2. The Legislature of Alabama finds and 3 declares the following: 4 (1) The constant or intermittent harassment, 5 violence, or threats of violence by an individual or 6 individuals against a school student is a serious threat 7 against the mental health of the affected student and may 8 constitute a threat of suicide by the student at the time of 9 the harassment, violence, or threat of violence or become a 10 threat at a later date. 11 (2) The rate of teenage suicide could be reduced by 12 having a learning environment free of harassment, continued 13 intimidation, violence, and threats of violence. Such actions 14 against any group or class of citizens is unacceptable, and 15 responsible authorities at all levels of government should act 16 to prevent harassment, intimidation, violence, and threats of 17 violence. 18 (3) The continued harassment of students by other 19 students could lead to catastrophic violence; therefore, it is 20 the intent of the Legislature that every level of government 21 should take all reasonable steps necessary to prevent 22 harassment and threats of harassment of students. 23 (4) A safe and civil environment in school is 24 necessary in order for students to learn and achieve high 25 academic standards. 26 Page 4 (5) Harassment, and threats of violence like other 1 disruptive or violent behaviors, is conduct that disrupts both 2 the ability of the student to learn and the ability of the 3 school to educate its students in a safe environment. 4 (6) It is essential to implement policies which seek 5 to protect the health and welfare of students and improve the 6 learning environment. 7 (7) Adolescent suicide occurs without regard to 8 ethnicity, socio-economic status, age, or gender and has a 9 tremendous and traumatic impact on surviving family members. 10 (8) Suicide is a significant cause of death in the 11 United States, and the health and well-being of our youth is 12 critically important to the public welfare of Alabama. 13 (9) Attempted suicide is usually a symptom 14 indicating that a person is experiencing stressful or 15 traumatic events that push normal coping strategies to the 16 limit; therefore, it is the intent of the Legislature that 17 appropriate and timely help be made available to Alabama's 18 youth, contingent on state or local funding to local boards of 19 education, in order to improve access and availability of 20 preventive services and to prevent youth suicide and avoid 21 youth suicidal behaviors. 22 Section 3. As used in this act, the following terms 23 have the following meanings: 24 (1) HARASSMENT. A pattern of gestures, written, 25 electronic, or verbal, or a physical act that is reasonably 26 perceived as being motivated by any characteristic, such as 27 Page 5 race, ethnicity, ancestry, national origin, athletic aptitude, 1 academic aptitude, gender, sexual orientation, weight, mental 2 or physical disability, age, socio-economic status, or on the 3 basis of an association with an individual who falls into one 4 of the herein listed categories, that takes place on school 5 property, on a school bus, or at a school-sponsored event that 6 does any of the following: 7 a. Places a student in reasonable fear of harm to 8 his or her person or damage to his or her property. 9 b. Has the effect of substantially interfering with 10 the educational performance, opportunities, or benefits of a 11 student. 12 c. Has the effect of substantially disrupting or 13 interfering with the orderly operation of the schools. 14 d. Has the effect of creating a hostile environment 15 in the schools, on school property, on a school bus, or at a 16 school-sponsored event. 17 (2) HOSTILE ENVIRONMENT. The perception of an 18 affected student or victim that the conduct of another student 19 is a threat of violence or harassment and the conduct is 20 objectively severe or pervasive enough that a reasonable 21 person would agree that the conduct is harassment or 22 constitutes a threat of assault; or an assault itself. 23 (3) SCHOOLS. All public schools, grades kindergarten 24 through 12. 25 Section 4. (a) No student shall be subjected to 26 harassment, intimidation, violence, or threats of violence on 27 Page 6 school property, at any school-sponsored function, or on a 1 school bus. 2 (b) No person shall engage in reprisal, retaliation, 3 or false accusation against a victim, witness, or one with 4 reliable information about an act of harassment, violence, or 5 threat of violence. 6 (c) A school employee, student, or volunteer who has 7 witnessed or has reliable information about a student being 8 subjected to harassment, violence, or threats of violence 9 shall report the incident to the appropriate school official. 10 Section 5. (a) Before January 1, 2009, each local 11 school system shall adopt a policy prohibiting harassment, 12 violence, or threats of violence on school property, on a 13 school bus, or at a school-sponsored event. The policy adopted 14 shall comply with Section 16-1-30, Code of Alabama 1975. The 15 policy shall contain, at a minimum, the following components: 16 (1) A statement prohibiting harassment, violence, 17 and threats of violence. 18 (2) A definition of harassment, intimidation, and 19 threats of violence no less inclusive than that set forth in 20 this act. 21 (3) A description of the type of behavior expected 22 from each student and school employee. 23 (4) Consequences and appropriate remedial action for 24 a person who commits an act of intimidation, harassment, 25 violence, or threat of violence. 26 Page 7 (5) A procedure for reporting an act of 1 intimidation, threat of suicide, harassment, violence, or 2 threat of violence. No anonymous report shall be construed to 3 permit formal disciplinary action against an employee. 4 (6) A procedure for prompt investigation of reports 5 of serious violations and complaints, identifying either the 6 principal or his or her designee as the person responsible for 7 the investigation. 8 (7) The procedures by which a school shall respond 9 once an incident of intimidation, harassment, violence, or 10 threats of violence are confirmed. 11 (8) A statement that prohibits reprisal or 12 retaliation against any person who reports an act of 13 intimidation, violence, threat of violence, or harassment, and 14 the consequence to and appropriate remedial action for a 15 person who engages in reprisal or retaliation. 16 (9) The consequences and appropriate remedial action 17 for a person found to have falsely accused another. 18 (10) A statement of how the policy is to be 19 publicized, including notice that the policy applies to 20 participation in school-sponsored functions. 21 (11) Clearly defined procedures for students and 22 employees to report and document instances of harassment, 23 intimidation, violence, and threats of violence based on the 24 listed categories in this act made known and available to 25 students and employees. 26 Page 8 (b)(1) Notice of the policy of the local school 1 system shall appear in any school system publication and in 2 any student and school employee handbook setting forth 3 comprehensive rules, procedures, and standards of conduct for 4 schools within the school system. Information regarding a 5 local school policy against intimidation, harassment, 6 violence, and threats of violence shall be incorporated into a 7 school's employee training program. 8 (2) All schools and school systems are encouraged to 9 establish programs designed to help eliminate intimidation, 10 harassment, violence, and threats of violence and to establish 11 other initiatives involving school employees, students, 12 administrators, volunteers, parents, law enforcement, 13 community members, and professional organizations. 14 Section 6. To the extent funds are appropriated for 15 these purposes, a local school system shall do the following: 16 (1) Provide training on the school system's 17 intimidation, harassment, violence, and threats of violence 18 policies for school employees and volunteers who have 19 significant contact with students. 20 (2) Develop a process for discussing the policies of 21 the school system with students as provided in this act. 22 Section 7. Each school covered under this act shall 23 develop and implement methods and strategies to do the 24 following: 25 Page 9 (1) Promote school environments that are free of 1 harassment, intimidation, violence, and threats of violence 2 which are unlawful under this act. 3 (2) Prevent harassment, intimidation, violence, and 4 threats of violence based on the criteria of this act and to 5 intervene when such incidents occur. 6 (3) Incorporate into civility, citizenship, and 7 character education curricula awareness of and sensitivity to 8 the prohibitions under this act of harassment, intimidation, 9 violence, and threats of violence. 10 (4) Provide for annual confidential surveys of 11 students and school employees that measure their perception 12 and experiences of harassment, intimidation, violence, and 13 threats of violence. 14 (5) Provide for the reporting of statistics by 15 school systems and schools of actual violence, submitted 16 reports of threats of violence, and harassment to the State 17 Department of Education for publication on its website for 18 public inspection and also for statistical information for 19 other state and federal agencies. Identity of the students 20 involved shall not be subject to publication on the website of 21 the department. 22 Section 8. (a) This section may not be interpreted 23 to prevent a victim from seeking redress under any other 24 available law, either civil or criminal. 25 (b) A person who files a complaint with a school, 26 pursuant to this act, shall be advised by the school that 27 Page 10 civil law remedies, including, but not limited to, 1 injunctions, restraining orders, or other remedies or orders, 2 may also be available to him or her. School officials shall 3 make this information available by publication in appropriate 4 informational materials. 5 (c) This act may not be construed to require an 6 exhaustion of the administrative complaint process before 7 civil law remedies may be pursued. 8 (d) A school employee or volunteer who promptly 9 reports an incident of intimidation, harassment, violence, or 10 threat of violence to the appropriate school official 11 designated by the policy of the local school system, and who 12 makes this report in compliance with the procedures in the 13 policy of the system, shall be immune from a cause of action 14 for damages arising from any failure to remedy the reported 15 incident. 16 (e) A school system which follows its policies and 17 adheres to the provisions of this act shall be immune from a 18 cause of action for damages arising from any failure to remedy 19 the reported incident. 20 Section 9. Each student shall continue to have those 21 freedoms of speech and freedoms of expression which are 22 guaranteed under the Constitution of the United States and the 23 Constitution of Alabama of 1901, as well as other applicable 24 statutory laws as provided by the Code of Alabama 1975. 25 Section 10. (a) The State Department of Education 26 shall promulgate rules to implement this act. 27 Page 11 (b) A model policy pertaining to suicide prevention 1 shall be developed by the State Department of Education. The 2 State Department of Education should work with the Alabama 3 Department of Public Health, the Alabama Department of Mental 4 Health and Metal Retardation, and the State Suicide Prevention 5 Task Force in developing model guidelines relating to suicide 6 prevention. The model policy shall be developed 7 collaboratively with representatives from the Department of 8 Public Health and the Department of Mental Health and Metal 9 Retardation for distribution to each public school system. 10 Section 11. To the extent that the Legislature shall 11 appropriate funds, or to the extent that any local board of 12 education, at its discretion, may provide funds from other 13 sources, the following standards and policies for programs 14 shall apply to public school systems to help prevent student 15 suicides: 16 (1) Foster individual, family, and group counseling 17 services related to youth suicide prevention. 18 (2) Make available referral, crisis intervention, 19 and information for students, parents, and school personnel. 20 (3) Foster training for school personnel responsible 21 for counseling and supervising students. 22 (4) Increase student awareness of the relationship 23 between drug and alcohol use and youth suicide. 24 (5) Teach students to recognize signs of suicidal 25 tendencies and other facts about youth suicide. 26 Page 12 (6) Inform students of the available community youth 1 suicide prevention services. 2 (7) Promote cooperative efforts of school personnel 3 and community youth suicide prevention program personnel. 4 (8) Foster school-based or community-based, or both, 5 alternative programs outside of the classroom. 6 (9) Develop a strategy to help attempted suicide 7 survivors, school students, and personnel to cope with the 8 loss of the victim and with his or her suicide. 9 (10) Engage in any other program or activity which, 10 in the judgment and discretion of the local board of 11 education, is deemed appropriate and prudent to help prevent 12 youth suicide. 13 Section 12. An appropriation of ten thousand dollars 14 ($10,000) is made from the Education Trust Fund to the State 15 Department of Education for fiscal year 2008-2009 for the 16 implementation of this act. 17 Section 13. This act shall become effective on May 18 1, 2009, after its passage and approval by the Governor, or 19 its otherwise becoming law. 20