Bill Text: MI SB0531 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; discipline; policy and procedures related to prohibition of bullying; modify. Amends sec. 1310b of 1976 PA 451 (MCL 380.1310b).
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2019-09-18 - Referred To Committee On Education And Career Readiness [SB0531 Detail]
Download: Michigan-2019-SB0531-Introduced.html
SENATE BILL NO. 531
September 18, 2019, Introduced by Senators
HERTEL, BULLOCK, GEISS, CHANG, BAYER, LUCIDO, ALEXANDER, WOJNO, BRINKS,
MCMORROW, MOSS and IRWIN and referred to the Committee on Education and
Career Readiness.
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 the board of directors of a public school academy shall adopt and implement a policy prohibiting bullying at school, as defined in this section. The board or board of directors shall update the policy at least annually.
(2) Subject to subsection (3), before adopting the policy required under subsection (1), or any modification updates to the policy, including any annual updates made under subsection (1), or any modifications to the policy, or before adopting any modifications made to an existing policy under subsection (3), the board or board of directors shall hold at least 1 public hearing on the proposed policy, or modification. updates to the policy, or modifications to the policy. This public hearing may be held as part of a regular board meeting. The board or board of directors shall provide notice of the public hearing to pupils and the parents or legal guardians of pupils using social media and at least 1 other communication method regularly used by the board or board of directors. Subject to subsection (3), not later than 30 days after adopting, updating, or modifying the policy under subsection (1) or modifying an existing policy under subsection (3), the board or board of directors shall submit a copy of its policy to the department.
(3) If, as of March 31, 2015, 2021, 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 the 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 existing policy to the department not later than May 31, 2015.2021. If the board of a school district or intermediate school district or the board of directors of a public school academy modifies an existing policy described in this subsection, the board or board of directors shall comply with subsection (2) with regard to the modified policy.
(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, At least annually, 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.this section and summarizing each school district's, intermediate school district's, or public school academy's school safety climate. The report submitted under this subsection must be made available as a public record.
(5) A policy adopted pursuant to under subsection (1) shall must include at least all of the following:
(a) A statement prohibiting bullying of a pupil. Not later than October 1, 2015, this This statement shall must 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 at both the district and school levels.
(e) A statement describing how the policy is to be publicized, including a description of the means of publication.
(f) A procedure for providing prompt notification to the parent or legal guardian of a victim of bullying and the parent or legal guardian of a perpetrator of the bullying within 24 hours of an incident of bullying.
(g) A procedure for reporting a pupil, teacher, or parent or legal guardian to report 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. The procedure under this subdivision must require that the investigation is completed within 72 hours of the report.
(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 the 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.
(k) A requirement that a school official immediately contact the parent or legal guardian of a pupil who appears in distress at school and that a school official immediately contact the parent or legal guardian of a pupil when the school official receives notice from another school employee or another pupil that the pupil appears in distress.
(l) A requirement that the board of the school district or intermediate school district or the board of directors of the public school academy use the state OK2SAY program or an equivalent successor program, as applicable, and provide the parents and legal guardians of pupils enrolled in the school district, immediate school district, or public school academy with information regarding the use of the OK2SAY program or an equivalent successor program, as applicable.
(m) A statement prohibiting retaliation against a school employee who notifies the board of the school district or intermediate school district or the board of directors of the public school academy or the department of noncompliance with this section.
(6) The legislature encourages a board or board of directors to include all of the following in the policy required under this section:
(n) (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.
(o) (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.
(p) (c) A requirement for educational programs for pupils and parents on preventing, identifying, responding to, and reporting incidents of bullying and cyberbullying as required by law.
(q) (d) Provisions for considering the use of restorative practices in the correction of bullying behavior, as described in section 1310c.
(6) (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.
(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), 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.
(8) At least annually, the superintendent of a school district or intermediate school district or the chief administrator of a public school academy shall provide a report to the board of the school district or intermediate school district or the board of directors of the public school academy on the school district's, intermediate school district's, or public school academy's bullying prevention activities, as applicable. The report under this subsection must be presented at a public meeting and must be made available as a public record.
(9) The board of a school district or intermediate school district or the board of directors of a public school academy shall provide all of the following to each individual who is hired to work or who is assigned to regularly and continuously work under contract in any school it operates:
(a) Notice and a summary of this section.
(b) The school district's, intermediate school district's, or public school academy's policy under subsection (1).
(c) An explanation of the individual's responsibilities with regard to the implementation of the policy under subsection (1).
(10) If there is any increase in costs related to compliance with this section, the legislature shall create a fund to provide for funding to school districts, intermediate school districts, and public school academies for those costs.
(11) (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 on or 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 either of the following:
(i) Any electronic communication made on or off school grounds 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:
(A) (i) Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.
(B) (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.
(C) (iii) Having an actual and substantial detrimental effect on a pupil's physical or mental health.
(D) (iv) Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
(ii) That term as defined under section 411x of the Michigan penal code, 1931 PA 328, MCL 750.411x.
(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.
(12) (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.
