Bill Text: MI HB5661 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; safety; certain data collection and reporting requirements related to incidents of crime and safety in schools; revise. Amends secs. 1310a & 1310b of 1976 PA 451 (MCL 380.1310a & 380.1310b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-18 - Bill Electronically Reproduced 05/17/2016 [HB5661 Detail]

Download: Michigan-2015-HB5661-Introduced.html

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HOUSE BILL No. 5661

May 17, 2016, Introduced by Rep. Price and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1310a and 1310b (MCL 380.1310a and 380.1310b),

 

section 1310a as amended by 2000 PA 230 and section 1310b as

 

amended by 2014 PA 478.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1310a. (1) At least annually, each school board shall

 

prepare and submit to the superintendent of public instruction, in

 

the form and manner prescribed by the superintendent of public

 

instruction, a report stating the number of pupils expelled from

 

the school district during the immediately preceding school year,

 

with a brief description of the incident that caused each

expulsion.

 

     (2) In order to obtain an accurate local and statewide picture

 

of school crime and to develop the partnerships necessary to plan

 

and implement school safety programs, at least annually, each

 

school board shall report to the superintendent of public

 

instruction, post on the school district's website, in the form and

 

manner prescribed by the superintendent of public instruction,

 

incidents of crime occurring at school within the school district

 

for at least the most recent 5-year period. In determining the form

 

and manner of this report, posting, the superintendent of public

 

instruction shall consult with local and intermediate school

 

districts and law enforcement officials. The reporting posting

 

shall include at least crimes involving physical violence, gang-

 

related activity, illegal possession of a controlled substance or

 

controlled substance analogue, or other intoxicant, trespassing,

 

and property crimes including, but not limited to, theft and

 

vandalism. For a property crime, the report posting shall include

 

an estimate of the cost to the school district resulting from the

 

property crime. The school crime reporting posting requirements of

 

this subsection are intended to do all of the following:

 

     (a) Help policymakers and program designers at the local and

 

state levels develop appropriate prevention and intervention

 

programs.

 

     (b) Provide the continuous assessment tools needed for

 

revising and refining school safety programs.

 

     (c) Assist schools and school districts to identify the most

 

pressing safety issues confronting their school communities, to

direct resources appropriately, and to enhance campus safety

 

through prevention and intervention strategies.

 

     (d) Foster the creation of partnerships among schools, school

 

districts, state agencies, communities, law enforcement, and the

 

media to prevent further crime and violence and to assure a safe

 

learning environment for every pupil.

 

     (3) Each school building shall collect and keep current on a

 

weekly basis the information required for the report under

 

subsection (2) and must provide that information, within 7 days,

 

upon request. At least annually, each school board shall make a

 

copy disaggregated by school building, of the most recent report

 

information posted for the school district under subsection (2),

 

disaggregated by school building, available to the parent or legal

 

guardian of each pupil enrolled in the school district by updating

 

its posting of that information to be sure it includes that

 

information for at least the most recent 5-year period.

 

     (4) As used in this section, "school board" and "school

 

district" mean those terms as defined in section 1310.

 

     Sec. 1310b. (1) The board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall adopt and implement a policy prohibiting bullying at school,

 

as defined in this section.

 

     (2) Subject to subsection (3), before adopting the policy

 

required under subsection (1) or any modification to the policy,

 

the board or board of directors shall hold at least 1 public

 

hearing on the proposed policy or modification. This public hearing

 

may be held as part of a regular board meeting. Subject to

subsection (3), not later than 30 days after adopting or modifying

 

the policy under subsection (1), the board or board of directors

 

shall submit a copy of its policy to the department.

 

     (3) If, as of the effective date of the 2014 amendments to

 

this section, March 31, 2015, a school district, intermediate

 

school district, or public school academy has already adopted and

 

implemented an existing policy prohibiting bullying at school and

 

that policy is in compliance with subsections (1) and (5), (4), the

 

board of the school district or intermediate school district or

 

board of directors of the public school academy is not required to

 

adopt and implement a modified policy under subsection (1).

 

However, this subsection applies to a school district, intermediate

 

school district, or public school academy described in this

 

subsection only if the board or board of directors submits a copy

 

of its policy to the department not later than 60 days after the

 

effective date of the 2014 amendments to this section.May 31, 2015.

 

     (4) Not later than 1 year after the deadline under subsection

 

(2) for districts and public school academies to submit copies of

 

their modified policies to the department, the department shall

 

submit a report to the senate and house standing committees on

 

education summarizing the status of the implementation of the

 

modifications to policies required under the 2014 amendments to

 

this section.

 

     (4) (5) A policy adopted pursuant to subsection (1) shall

 

include at least all of the following:

 

     (a) A statement prohibiting bullying of a pupil. Not later

 

than 6 months after the effective date of the 2014 amendments to

this section, September 30, 2015, this statement shall be modified

 

as necessary to comply with the 2014 amendments to this section PA

 

478, including, but not limited to, the inclusion of cyberbullying

 

as a form of bullying.

 

     (b) A statement prohibiting retaliation or false accusation

 

against a target of bullying, a witness, or another person with

 

reliable information about an act of bullying.

 

     (c) A provision indicating that all pupils are protected under

 

the policy and that bullying is equally prohibited without regard

 

to its subject matter or motivating animus.

 

     (d) The identification by job title of school officials

 

responsible for ensuring that the policy is implemented.

 

     (e) A statement describing how the policy is to be publicized.

 

     (f) A procedure for providing notification to the parent or

 

legal guardian of a victim of bullying and the parent or legal

 

guardian of a perpetrator of the bullying.

 

     (g) A procedure for reporting an act of bullying.

 

     (h) A procedure for prompt investigation of a report of

 

violation of the policy or a related complaint, identifying either

 

the principal or the principal's designee as the person responsible

 

for the investigation.

 

     (i) A procedure for each public school to document any

 

prohibited incident that is reported and a procedure to report all

 

verified incidents of bullying and the resulting consequences,

 

including discipline and referrals, to the board of the school

 

district or intermediate school district or board of directors of

 

the public school academy on an annual basis.

     (j) An assurance of confidentiality for an individual who

 

reports an act of bullying and procedures to safeguard that

 

confidentiality.

 

     (5) (6) The legislature encourages a board or board of

 

directors to include all of the following in the policy required

 

under this section:

 

     (a) Provisions to form bullying prevention task forces,

 

programs, teen courts, and other initiatives involving school

 

staff, pupils, school clubs or other student groups,

 

administrators, volunteers, parents, law enforcement, community

 

members, and other stakeholders.

 

     (b) A requirement for annual training for administrators,

 

school employees, and volunteers who have significant contact with

 

pupils on preventing, identifying, responding to, and reporting

 

incidents of bullying.

 

     (c) A requirement for educational programs for pupils and

 

parents on preventing, identifying, responding to, and reporting

 

incidents of bullying and cyberbullying.

 

     (6) (7) The department shall establish a form and procedure

 

for school districts and public school academies to report collect

 

information on the number of incidents of bullying to the

 

department on an annual basis and shall for school districts and

 

public school academies to make this information readily available

 

to the public. A school district or public school academy shall

 

report incidents of bullying to the department according to the

 

form and procedures established by the department. The department A

 

school district or public school academy shall ensure that the

information collected and made available under this subsection does

 

not include personally identifiable information about any

 

individual who reports or is involved in a specific incident of

 

bullying. At least annually, each board or board of directors shall

 

make a copy of the information collected by the school district or

 

public school academy under this subsection, disaggregated by

 

school building, available to the parent or legal guardian of each

 

pupil enrolled in the school district or public school academy by

 

posting that information for at least the most recent 5-year period

 

on the school district's or public school academy's website.

 

     (7) (8) A school employee, school volunteer, pupil, or parent

 

or guardian who promptly reports in good faith an act of bullying

 

to the appropriate school official designated in the school

 

district's or public school academy's policy and who makes this

 

report in compliance with the procedures set forth in the policy is

 

immune from a cause of action for damages arising out of the

 

reporting itself or any failure to remedy the reported incident.

 

However, this immunity does not apply to a school official who is

 

designated under subsection (5)(d), (4)(d), or who is responsible

 

for remedying the bullying, when acting in that capacity.

 

     (8) (9) If the board of a school district or intermediate

 

school district or board of directors of a public school academy

 

amends or otherwise modifies its policy required under this

 

subsection at any time after a copy of the policy was initially

 

submitted to the department under subsection (2) or (3), the board

 

or board of directors shall submit a copy of the modified policy to

 

the department not later than 30 days after adopting the

modification.

 

     (9) (10) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

premises, on a school bus or other school-related vehicle, 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 any written, verbal, or physical act, or

 

any electronic communication, including, but not limited to,

 

cyberbullying, that is intended or that a reasonable person would

 

know is likely to harm 1 or more pupils either directly or

 

indirectly by doing any of the following:

 

     (i) Substantially interfering with educational opportunities,

 

benefits, or programs of 1 or more pupils.

 

     (ii) Adversely affecting 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 substantial

 

emotional distress.

 

     (iii) Having an actual and substantial detrimental effect on a

 

pupil's physical or mental health.

 

     (iv) Causing substantial disruption in, or substantial

 

interference with, the orderly operation of the school.

     (c) "Cyberbullying" means any electronic communication that is

 

intended or that a reasonable person would know is likely to harm 1

 

or more pupils either directly or indirectly by doing any of the

 

following:

 

     (i) Substantially interfering with educational opportunities,

 

benefits, or programs of 1 or more pupils.

 

     (ii) Adversely affecting 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 substantial

 

emotional distress.

 

     (iii) Having an actual and substantial detrimental effect on a

 

pupil's physical or mental health.

 

     (iv) Causing substantial disruption in, or substantial

 

interference with, the orderly operation of the school.

 

     (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.

 

     (10) (11) This section shall be known as "The Matt Epling Safe

 

School Law".

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.