Text of MO SB 946 (2010)

EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 946 95TH GENERAL ASSEMBLY INTRODUCED BY SENATORS BRAY, DAYS, W RIGHT-JONES AND JUSTUS. Read 1st tim e February 15, 2010, and ordered printed. TERRY L. SPIELER, Secretary. 5041S.01I AN ACT To repeal section 160.775, RSMo, and to enact in lieu thereof one new section relating to school safety. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 160.775, RSMo, is repealed and one new section 2 enacted in lieu thereof, to be known as section 160.775, to read as follows: 160.775. 1. Every district shall adopt an antibullying policy by September 2 1, 2007. 3 2. "Bullying" means discrimination, intimidation, or harassment that 4 causes a reasonable student to fear for his or her physical safety or property; 5 substantially interferes with a student's educational performance, 6 opportunities, or benefits; or substantially disrupts the orderly 7 operation of the school. Bullying may consist of physical actions, including 8 gestures, or oral or written communication, and any threat of retaliation for 9 reporting of such acts. Bullying is prohibited by school employees or 10 students on school property, at any school function, or on a school bus. 11 3. Each district's antibullying policy shall be founded on the assumption 12 that all students need a safe learning environment. [Policies shall treat students 13 equally and shall not contain specific lists of protected classes of students who are 14 to receive special treatment.] Bullying that is reasonably perceived as 15 being motivated by actual or perceived race, color, religion, ancestry, 16 national origin, gender, sexual orientation as defined in section 557.035, 17 intellectual ability, physical appearance, or a mental, physical or 18 sensory disability or disorder; or on the basis of association with others 19 identified by these categories; is prohibited. Policies may include age SB 946 2 20 appropriate differences for schools based on the grade levels at the school. Each 21 such policy shall contain a statement of the consequences of bullying. 22 4. A school employee, student, or volunteer who has witnessed or 23 has reliable information that a student or school employee has been 24 subject to discrimination or harassment shall report the incident to the 25 appropriate school official. 26 5. Each district's antibullying policy shall require, at a minimum, the 27 following components: 28 (1) A statement prohibiting bullying, defined no less inclusive 29 than that in subsection 2 of this section; 30 (2) A statement requiring district employees to report any instance of 31 bullying of which the employee has reliable information or firsthand 32 knowledge[. The district policy shall address training of employees in the 33 requirements of the district policy.]; 34 (3) A procedure for reporting an act of bullying, including a 35 provision that permits a person to report an act of discrimination, 36 harassment, intimidation, or bullying anonymously. However, this shall 37 not be construed to permit formal disciplinary action solely on the 38 basis of an anonymous report; 39 (4) A procedure for prompt investigation of reports of serious 40 violations and complaints, identifying either the principal or the 41 principal's designee as the person responsible for the investigation; 42 (5) The range of ways in which a school will respond once an 43 incident of bullying is confirmed; 44 (6) A statement that prohibits reprisal or retaliation against any 45 person who reports an act of bullying and the consequence and 46 appropriate remedial action for a person who engages in reprisal or 47 retaliation; 48 (7) A statement of how the policy is to be publicized; 49 (8) A process for discussing the district's antibullying policy with 50 students and a process for training school employees and volunteers 51 who have significant contact with students in the requirements of the 52 policy, including at a minimum the following statements: 53 (a) The policy shall be conspicuously posted throughout each 54 school building in areas accessible to students and staff members; 55 (b) The school district annually shall provide information and 56 any appropriate training to the school district staff regarding the SB 946 3 57 policy; 58 (c) The school district shall give annual notice of the policy to 59 students, parents or guardians, and staff; 60 (d) The school district shall provide education and information 61 to students regarding bullying, including information regarding the 62 school district policy prohibiting bullying, the harmful effects of 63 bullying, and other applicable initiatives to prevent bullying; 64 (e) The administration of the school district shall implement 65 programs and other initiatives to prevent bullying, to respond to such 66 conduct in a manner that does not stigmatize the victim, and to make 67 resources or referrals available to victims of bullying; 68 (f) The school district may implement violence prevention and 69 character development education programs to prevent and reduce 70 policy violations. Such programs may offer instruction on character 71 education including, but not limited to, character qualities such as 72 attentiveness, truthfulness, respect for authority, diligence, 73 gratefulness, self-discipline, patience, forgiveness, respect for others, 74 peacemaking, and resourcefulness; 75 (g) The policy shall be reviewed at least annually for compliance 76 with state and federal law; 77 (9) A procedure for implementing and maintaining annual 78 confidential surveys of students and school employees that measure 79 their perception and experiences of harassment and discrimination on 80 the basis of actual or perceived race, color, religion, ancestry, national 81 origin, gender, gender identity or expression, sexual orientation, or a 82 mental, physical, or sensory disability, or on the basis of association 83 with an individual who falls into one of the protected categories. 84 6. The state board of education is authorized to promulgate rules 85 and regulations to implement this section and shall develop model 86 policies to assist local school districts in developing policies for the 87 prevention of bullying no later than September 1, 2011. Any rule or 88 portion of a rule, as that term is defined in section 536.010, that is 89 created under the authority delegated in this section shall become 90 effective only if it complies with and is subject to all of the provisions 91 of chapter 536 and, if applicable, section 536.028. This section and 92 chapter 536 are nonseverable and if any of the powers vested with the 93 general assembly pursuant to chapter 536 to review, to delay the SB 946 4 94 effective date, or to disapprove and annul a rule are subsequently held 95 unconstitutional, then the grant of rulemaking authority and any rule 96 proposed or adopted after August 28, 2010, shall be invalid and void. T