Bill Text: MI SB0443 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; discipline; definition of bullying; revise. Amends sec. 1310b of 1976 PA 451 (MCL 380.1310b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-06-08 - Referred To Committee On Education [SB0443 Detail]
Download: Michigan-2017-SB0443-Introduced.html
SENATE BILL No. 443
June 8, 2017, Introduced by Senator BOOHER and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1310b (MCL 380.1310b), as amended by 2016 PA
362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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), 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 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 2014 PA 478.
(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 October 1, 2015, this statement shall be modified as necessary
to comply with 2014 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.
(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.
(d) Provisions for considering the use of restorative
practices in the correction of bullying behavior, as described in
section 1310c.
(7) The department shall establish a form and procedure for
school districts and public school academies to report incidents of
bullying to the department on an annual basis and shall 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 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.
(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), or who is responsible for remedying the
bullying, when acting in that capacity.
(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.
(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 repeated written, verbal, or physical
act, or any repeated electronic communication, including, but not
limited to, cyberbullying, that involves a real or perceived power
imbalance between pupils and 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 repeated electronic
communication that involves a real or perceived power imbalance
between pupils and 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) "Restorative practices" means that term as defined in
section 1310c.
(e) "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.
(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.
