Bill Text: OH HB208 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require that school anti-bullying policies prohibit harassment, intimidation, or bullying that is based on any actual or perceived trait or characteristic of a student.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-20 - To Education [HB208 Detail]

Download: Ohio-2011-HB208-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 208

Representatives Stinziano, Antonio 

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A BILL

To amend section 3313.666 of the Revised Code to

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require that school anti-bullying policies

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prohibit harassment, intimidation, or bullying

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that is based on any actual or perceived trait or

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characteristic of a student.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3313.666 of the Revised Code be	6
amended to read as follows:	7

Sec. 3313.666.  (A) As used in this section, "harassment:

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(1) "Harassment, intimidation, or bullying" means either of	9
the following:	10

(1)(a) Any intentional written, verbal, or physical act that	11
a student has exhibited toward another particular student more	12
than once that is based on any actual or perceived trait or	13
characteristic of a student, and the behavior both:	14

(a)(i) Causes mental or physical harm to the other student;

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(b)(ii) Is sufficiently severe, persistent, or pervasive that	16
it creates an intimidating, threatening, or abusive educational	17
environment for the other student.	18

(2)(b) Violence within a dating relationship.

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(2) "Trait or characteristic of a student" includes but is	20
not limited to age, color, creed, national origin, race, religion,	21
marital status, gender, sexual orientation, gender identity,	22
physical attributes, physical or mental ability or disability,	23
ancestry, political party preference, political belief,	24
socioeconomic status, or familial status.	25

(B) The board of education of each city, local, exempted	26
village, and joint vocational school district shall establish a	27
policy prohibiting harassment, intimidation, or bullying. The	28
policy shall be developed in consultation with parents, school	29
employees, school volunteers, students, and community members. The	30
policy shall include the following:	31

(1) A statement prohibiting harassment, intimidation, or	32
bullying of any student on school property or at school-sponsored	33
events;	34

(2) A definition of harassment, intimidation, or bullying	35
that shall include the definition in division (A) of this section;	36

(3) A procedure for reporting prohibited incidents;

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(4) A requirement that school personnel report prohibited	38
incidents of which they are aware to the school principal or other	39
administrator designated by the principal;	40

(5) A requirement that parents or guardians of any student	41
involved in a prohibited incident be notified and, to the extent	42
permitted by section 3319.321 of the Revised Code and the "Family	43
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	44
U.S.C. 1232q1232g, as amended, have access to any written reports	45
pertaining to the prohibited incident;	46

(6) A procedure for documenting any prohibited incident that	47
is reported;	48

(7) A procedure for responding to and investigating any	49
reported incident;	50

(8) A strategy for protecting a victim from additional	51
harassment, intimidation, or bullying, and from retaliation	52
following a report;	53

(9) A disciplinary procedure for any student guilty of	54
harassment, intimidation, or bullying, which shall not infringe on	55
any student's rights under the first amendment to the Constitution	56
of the United States;	57

(10) A requirement that the district administration	58
semiannually provide the president of the district board a written	59
summary of all reported incidents and post the summary on its web	60
site, if the district has a web site, to the extent permitted by	61
section 3319.321 of the Revised Code and the "Family Educational	62
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q	63
1232g, as amended.	64

(C) Each board's policy shall appear in any student	65
handbooks, and in any of the publications that set forth the	66
comprehensive rules, procedures, and standards of conduct for	67
schools and students in the district. Information regarding the	68
policy shall be incorporated into employee training materials.	69

(D) A school district employee, student, or volunteer shall	70
be individually immune from liability in a civil action for	71
damages arising from reporting an incident in accordance with a	72
policy adopted pursuant to this section if that person reports an	73
incident of harassment, intimidation, or bullying promptly in good	74
faith and in compliance with the procedures as specified in the	75
policy.	76

(E) Except as provided in division (D) of this section,	77
nothing in this section prohibits a victim from seeking redress	78
under any other provision of the Revised Code or common law that	79
may apply.	80

(F) This section does not create a new cause of action or a	81
substantive legal right for any person.	82

(G) Not later than six months after the effective date of	83
this amendmentSeptember 29, 2010, each board shall update the	84
policy adopted under this section to include violence within a	85
dating relationship.	86

Section 2.  That existing section 3313.666 of the Revised	87
Code is hereby repealed.	88