Text of MI HB 5093 (2009)

HOUSE BILL No. 5093 June 16, 2009, Introduced by Reps. Warren, Smith, Meadows, Scripps, Miller, Donigan, Robert Jones, Young, Tlaib, Liss, Cushingberry, Kennedy, Bauer, Hammel, Bennett, Byrnes and Dean 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) The board of a school district or board of directors of a public school academy shall adopt a policy prohibiting harassment or bullying at school. The content of the policy shall be determined locally, but the policy shall contain at least the components in subsection (2). The policy should be adopted through a process that includes representation of parents or guardians, school employees, volunteers, pupils, school administrators, and community representatives. (2) Each school district's or public school academy's policy shall include at least each of the following components: (a) A statement prohibiting harassment or bullying of a pupil. (b) A definition of harassment or bullying that includes at least the acts described in the definition in this section. (c) A description of the type of behavior expected from each pupil. (d) Age-appropriate consequences and remedial action for a person who violates the policy. (e) A procedure for reporting an act of harassment or bullying, including a provision that permits a person to report an act of harassment or bullying anonymously. However, this subdivision shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report. (f) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation. The policy shall require the investigation to be completed within 3 school days after a report or complaint is made. (g) The range of ways in which a school will respond once an incident of harassment or bullying is identified. The responses shall be commensurate with the severity of the incident and with the offender's record of behavior. The range of responses shall include reporting criminal activity to appropriate law enforcement officers. If action is taken against a pupil in response to an incident, school officials shall include a description of the incident and of the action taken in the pupils' permanent disciplinary record. (h) A statement that prohibits reprisal or retaliation against any person who reports an act of harassment or bullying and the consequences and appropriate remedial action for a person who engages in that type of reprisal or retaliation. (i) Consequences and appropriate remedial action for a person found to have falsely accused another of harassment or bullying. (j) A statement of how the policy is to be publicized, both initially and on an ongoing basis. (k) Provisions encouraging individuals to report incidents of harassment or bullying to the appropriate school official designated in the policy. (l) A requirement that a school employee who has witnessed an incident of harassment or bullying or who has reliable information that an incident of harassment or bullying has occurred shall report the incident to the principal or his or her designee. (3) Each board or board of directors shall adopt the policy under this section by December 31, 2009. 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. (4) To assist school districts and public school academies in developing policies for the prevention of harassment or bullying, the department shall develop a model policy applicable to grades K- 12. The department shall issue this model policy no later than June 1, 2007. (5) The department shall develop appropriate procedures for investigating, reporting, and responding to violations of this section by a school district or public school. (6) A board or board of directors shall ensure that notice of the school district's or public school academy's policy under this section is included in any publication of the school district or public school academy that sets forth the comprehensive rules, procedures, and standards of conduct for its schools, and in its pupil handbooks. (7) A school employee who promptly reports an incident of harassment or bullying to the appropriate school official designated by the school district's or public school academy's policy, and who makes this report in compliance with the procedures in the policy prohibiting harassment or bullying is not liable for damages arising from any failure to remedy the reported incident. (8) Public schools and school districts are encouraged to form bullying prevention task forces, programs, and other initiatives involving school staff, pupils, administrators, volunteers, parents, law enforcement, and community members, to assist in the implementation of this section. (9) Each school district or public school academy shall do all of the following: (a) Provide annual training on the school district's or public school academy's harassment or bullying policies to school employees and volunteers who have significant contact with pupils. (b) Develop a process for discussing harassment or bullying and the harassment or bullying policy with pupils. (10) A school district or public school academy shall incorporate information regarding the school district or public school academy policy against harassment or bullying into each school's employee training program. (11) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability. (12) The department shall establish a form and procedure for school districts and public school academies to report incidents of harassment or bullying to the department on an annual basis and shall make this information readily available to the public. (13) If an investigation under this section results in a report to a law enforcement agency, the law enforcement agency shall initiate its investigation within 3 days after the report is made. (14) Upon request by a law enforcement agency investigating a report or complaint under this section, a school district or public school academy shall provide to the law enforcement agency directory information concerning its pupils. (15) 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) "Bullying" means conduct, including, but not limited to, conduct in person or using a telecommunications access device, that meets all of the following: (i) Is directed at 1 or more pupils. (ii) Substantially interferes with educational opportunities, benefits, or programs of 1 or more pupils. (iii) Adversely affects 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 emotional distress. (iv) Is based on a pupil's actual or perceived religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, gender identity, socioeconomic status, or any other distinguishing characteristic or is based on association with another person who has or is perceived to have any of these characteristics. (c) "Harassment" means conduct, including, but not limited to, conduct in person or using a telecommunications access device, that meets all of the following: (i) Is directed at 1 or more pupils. (ii) Substantially interferes with educational opportunities, benefits, or programs of 1 or more pupils. (iii) Adversely affects the ability of a pupil to participate in or benefit from the school district's or public school's educational programs or activities because the conduct as reasonably perceived by the pupil is so severe, pervasive, and objectively offensive as to have this effect. (iv) Is based on a pupil's actual or perceived religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, gender identity, socioeconomic status, or any other distinguishing characteristic or is based on association with another person who has or is perceived to have any of these characteristics. (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. (16) This section shall be known as "Matt's safe school law".