Bill Text: MI SB0045 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; discipline; policy prohibiting harassment and bullying at school; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1310b.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-01-25 - Postponed Until 12/28/2012 [SB0045 Detail]
Download: Michigan-2011-SB0045-Introduced.html
SENATE BILL No. 45
January 19, 2011, Introduced by Senators ANDERSON, BIEDA, WHITMER, GREGORY, HOPGOOD, WARREN and HUNTER 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, 2011. 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, 2011.
(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".
