Bill Text: OH HB520 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require that public school bullying policies prohibit bullying by electronic means and address certain acts that occur off school property and to require staff training on the bullying policy. [Track Bill]

Status: 2010-05-18 - To Education [HB520 Detail]

Download: Ohio-2009-HB520-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 520

Representatives Garland, Harris 

Cosponsors: Representatives Pillich, Domenick, Yuko, Hagan, Stewart, Brown 

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A BILL

To amend sections 3313.666, 3313.667, and 3319.073 of

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the Revised Code to require that public school

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bullying policies prohibit bullying by electronic

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means and address certain acts that occur off

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school property and to require staff training on

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the bullying policy.

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

Section 1.  That sections 3313.666, 3313.667, and 3319.073 of	7
the Revised Code be amended to read as follows:	8

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

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(1) "Electronic act" means an act committed through the use	10
of a cellular telephone, computer, pager, personal communication	11
device, or other electronic communication device.	12

(2) "Harassment, intimidation, or bullying" means either of	13
the following:	14

(1)(a) Any intentional written, verbal, electronic, or	15
physical act that a student has exhibited toward another	16
particular student more than once and the behavior both:	17

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

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(b)(ii) Is sufficiently severe, persistent, or pervasive that	19
it creates an intimidating, threatening, or abusive educational	20
environment for the other student.	21

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

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(B) The board of education of each city, local, exempted	23
village, and joint vocational school district shall establish and	24
annually review a policy prohibiting harassment, intimidation, or	25
bullying. The policy shall be developed in consultation with	26
parents, school employees, school volunteers, students, and	27
community members. The policy shall include the following:	28

(1) A statement prohibiting harassment, intimidation, or	29
bullying of any student on school property or a school bus, at	30
school-sponsored events, or, if the harassment, intimidation, or	31
bullying materially or substantially disrupts the educational	32
environment and discipline of the school, off school property and	33
expressly providing for the possibility of suspension of a student	34
found guilty of harassment, intimidation, or bullying by an	35
electronic act;	36

(2) A definition of harassment, intimidation, or bullying	37
that shall includeincludes the definition in division (A) of this	38
section;	39

(3) A procedure for reporting prohibited incidents;

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(4) A requirement that school personnel report prohibited	41
incidents of which they are aware to the school principal or other	42
administrator designated by the principal;	43

(5) A requirement that parents or guardians of any student	44
involved in a prohibited incident be notified and, to the extent	45
permitted by section 3319.321 of the Revised Code and the "Family	46
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	47
U.S.C. 1232q, as amended, have access to any written reports	48
pertaining to the prohibited incident;	49

(6) A procedure for documenting any prohibited incident that	50
is reported;	51

(7) A procedure for responding to and investigating any	52
reported incident;	53

(8) A strategy for protecting a victim or other person from	54
new or additional harassment, intimidation, or bullying, and from	55
retaliation following a report, including a means by which a	56
person may report an incident anonymously;	57

(9) A disciplinary procedure for any student guilty of	58
harassment, intimidation, or bullying, which shall not infringe on	59
any student's rights under the first amendment to the Constitution	60
of the United States;	61

(10) A statement prohibiting students from deliberately	62
making false reports of harassment, intimidation, or bullying and	63
a disciplinary procedure for any student guilty of deliberately	64
making a false report of that nature;	65

(11) A requirement that the district administration	66
semiannually provide the president of the district board a written	67
summary of all reported incidents and post the summary on its web	68
site, if the district has a web site, to the extent permitted by	69
section 3319.321 of the Revised Code and the "Family Educational	70
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q	71
1232g, as amended.	72

(C) Each board's policy shall appear in any student	73
handbooks, and in any of the publications that set forth the	74
comprehensive rules, procedures, and standards of conduct for	75
schools and students in the district. The policy and an	76
explanation of the seriousness of bullying by electronic means	77
shall be made available to students in the district and to their	78
parents and guardians. Information regarding the policy shall be	79
incorporated into employee training materials.	80

(D) A school district employee, student, or volunteer shall	81
be individually immune from liability in a civil action for	82
damages arising from reporting an incident in accordance with a	83
policy adopted pursuant to this section if that person reports an	84
incident of harassment, intimidation, or bullying promptly in good	85
faith and in compliance with the procedures as specified in the	86
policy.	87

(E) Except as provided in division (D) of this section,	88
nothing in this section prohibits a victim from seeking redress	89
under any other provision of the Revised Code or common law that	90
may apply.	91

(F) This section does not create a new cause of action or a	92
substantive legal right for any person.	93

(G) Not later than six months after the effective date of	94
this amendmentSeptember 29, 2010, each board shall update the	95
policy adopted under this section to include violence within a	96
dating relationship. Not later than six months after the effective	97
date of this amendment, each board shall update the policy to	98
include harassment, intimidation, or bullying by electronic means.	99

Sec. 3313.667.  (A) Any school district may form bullying	100
prevention task forces, programs, and other initiatives involving	101
volunteers, parents, law enforcement, and community members.	102

(B) To the extent that state or federal funds are	103
appropriated for these purposes, each school district shall:	104

(1) Provide training, workshops, or courses on the district's	105
harassment, intimidation, or bullying policy adopted pursuant to	106
section 3313.666 of the Revised Code to school employees and	107
volunteers who have direct contact with students and are not	108
subject to section 3319.073 of the Revised Code. Time spent by	109
school employees in the training, workshops, or courses shall	110
apply towards any state- or district-mandated continuing education	111
requirements.	112

(2) Develop a process for educating students about the	113
policy.	114

(C) This section does not create a new cause of action or a	115
substantive legal right for any person.	116

Sec. 3319.073.  (A) The board of education of each city and	117
exempted village school district and the governing board of each	118
educational service center shall adopt or adapt the curriculum	119
developed by the department of education for, or shall develop in	120
consultation with public or private agencies or persons involved	121
in child abuse prevention or intervention programs, a program of	122
in-service training in the prevention of child abuse, violence,	123
and substance abuse and the promotion of positive youth	124
development. Each person employed by any school district or	125
service center to work in a school as a nurse, teacher, counselor,	126
school psychologist, or administrator shall complete at least four	127
hours of the in-service training within two years of commencing	128
employment with the district or center, and every five years	129
thereafter. A person who is employed by any school district or	130
service center to work in an elementary school as a nurse,	131
teacher, counselor, school psychologist, or administrator on March	132
30, 2007, shall complete at least four hours of the in-service	133
training not later than March 30, 2009, and every five years	134
thereafter. A person who is employed by any school district or	135
service center to work in a middle or high school as a nurse,	136
teacher, counselor, school psychologist, or administrator on	137
October 16, 2009, shall complete at least four hours of the	138
in-service training not later than October 16, 2011, and every	139
five years thereafter.	140

(B) Each board shall incorporate training in school safety	141
and violence prevention into the in-service training required by	142
division (A) of this section. For this purpose, the board shall	143
adopt or adapt the curriculum developed by the department or shall	144
develop its own curriculum in consultation with public or private	145
agencies or persons involved in school safety and violence	146
prevention programs.	147

(C) Each board shall incorporate training on the board's	148
harassment, intimidation, or bullying policy adopted under section	149
3313.666 of the Revised Code into the in-service training required	150
by division (A) of this section. Each board also shall incorporate	151
training in the prevention of dating violence into the in-service	152
training required by that division (A) of this section for middle	153
and high school employees. The board shall develop its own	154
curriculumcurricula for this purposethese purposes.	155

Section 2.  That existing sections 3313.666, 3313.667, and	156
3319.073 of the Revised Code are hereby repealed.	157

Section 3.  Not later than six months after the effective	158
date of this section, the State Board of Education shall update	159
its model policy to prohibit harassment, intimidation, or bullying	160
adopted under section 3301.22 of the Revised Code to include	161
harassment, intimidation, or bullying by electronic means.	162