Bill Text: MS HB570 | 2010 | Regular Session | Introduced

Mississippi House Bill 570 (Prior Session Legislation)

Introduced

Bill Title: Public schools; prohibit bullying and harassment in, and require local school boards to adopt policies for.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2010-02-02 - Died In Committee [HB570 Detail]

Download: Mississippi-2010-HB570-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Education

By: Representatives DuVall, Buck (72nd)

House Bill 570

AN ACT TO PROHIBIT THE BULLYING AND HARASSMENT OF ANY STUDENT OR EMPLOYEE OF A PUBLIC K-12 EDUCATIONAL INSTITUTION; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT A POLICY PROHIBITING BULLYING AND HARASSMENT BY DECEMBER 1, 2010; TO PRESCRIBE THE COMPONENTS TO BE INCLUDED IN THE DISTRICT POLICIES; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ASSIST LOCAL SCHOOL DISTRICTS IN DEVELOPING A DISTRICT POLICY BY DEVELOPING AND PROVIDING A MODEL POLICY TO THOSE SCHOOL DISTRICTS NO LATER THAN OCTOBER 1, 2010; TO PROVIDE CIVIL IMMUNITY TO CERTAIN PERSONS WHO PROMPTLY REPORT INCIDENCES OF BULLYING OR HARASSMENT IN GOOD FAITH; TO PROHIBIT THE USE OF PHYSICAL LOCATION OR TIME OF ACCESS OF A COMPUTER-RELATED INCIDENT AS A DEFENSE IN ANY DISCIPLINARY ACTION; TO EXEMPT THE APPLICABILITY OF THIS ACT TO PERSON USING DATA OR COMPUTER SOFTWARE WITHIN THE SCOPE OF HIS OR HER LAWFUL EMPLOYMENT OR INVESTIGATING A VIOLATION OF THIS ACT; TO REQUIRE THAT EACH SCHOOL DISTRICT'S BULLYING AND HARASSMENT POLICY MUST BE GRANTED UPON CERTIFICATION BY THE DEPARTMENT THAT IT IS IN SUBSTANTIAL CONFORMITY WITH THE DEPARTMENT'S MODEL BULLYING AND HARASSMENT POLICY; TO REQUIRE THE STATE SUPERINTENDENT OF PUBLIC EDUCATION TO SUBMIT AN ANNUAL REPORT TO CERTAIN INDIVIDUALS BEGINNING JANUARY 1, 2011; TO PRESCRIBE THE PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE THAT THIS ACT SHALL NOT BE CONSTRUED TO ABRIDGE THE FIRST AMENDMENT RIGHTS OF STUDENTS OR SCHOOL EMPLOYEES; TO AMEND SECTIONS 37-11-21, 37-11-53 AND 37-11-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds that every public school student in this state has the right to receive his or her education in a school educational environment that is reasonably free from substantial intimidation, harassment or harm or threat of harm by another student.

(2) Bullying or harassment of any student or employee of a public K-12 educational institution is prohibited:

(a) During any education program or activity conducted by a public K-12 educational institution;

(b) During any school-related or school-sponsored program or activity or on a school bus of a public K-12 educational institution; and

(c) Through the use of data or computer software that is accessed through a computer, computer system or computer network of a public K-12 educational institution.

(3) As used in this section and in Sections 37-11-21, 37-11-53 and 37-11-55, the following words, terms and phrases shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

(a) "Bullying" means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve:

(i) Teasing;

(ii) Social exclusion;

(iii) Threat;

(iv) Intimidation;

(v) Stalking;

(vi) Physical violence;

(vii) Theft;

(viii) Sexual, religious, or racial harassment;

(ix) Public humiliation; or

(x) Destruction of property.

(b) "Harassment" means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that:

(i) Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property;

(ii) Has the effect of substantially interfering with a student's educational performance, opportunities or benefits; or

(iii) Has the effect of substantially disrupting the orderly operation of a school.

(i) Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation;

(ii) Perpetuation of conduct listed in paragraphs (a) or (b) of this subsection by an individual or group with intent to demean, dehumanize, embarrass or cause physical harm to a student or school employee by:

1. Incitement or coercion;

2. Accessing or knowingly causing or providing access to data or computer software through a computer, computer system or computer network within the scope of the district school system; or

3. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment.

(4) By December 1, 2010, each public school district shall adopt a policy prohibiting bullying and harassment of any student or employee of a public K-12 educational institution. Each school district's policy shall be in substantial conformity with the State Department of Education's model policy mandated in subsection (5) of this section. The school district bullying and harassment policy shall afford all students the same protection regardless of their status under the law. The school district may establish separate discrimination policies that include categories of students. The school district shall involve students, parents, teachers, administrators, school staff, school volunteers, community representatives and local law enforcement agencies in the process of adopting the policy. The school district policy must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies and other violence prevention efforts. The school district policy must contain, at a minimum, the following components:

(a) A statement prohibiting bullying and harassment;

(b) A definition of bullying and a definition of harassment that include the definitions listed in this section;

(c) A description of the type of behavior expected from each student and employee of a public K-12 educational institution;

(d) The consequences for a student or employee of a public K-12 educational institution who commits an act of bullying or harassment;

(e) The consequences for a student or employee of a public K-12 educational institution who is found to have wrongfully and intentionally accused another of an act of bullying or harassment;

(f) A procedure for reporting an act of bullying or harassment, including provisions that permit a person to anonymously report the act. However, this paragraph does not permit formal disciplinary action to be based solely on an anonymous report;

(g) A procedure for the prompt investigation of a report of bullying or harassment and the persons responsible for the investigation. The investigation of a reported act of bullying or harassment is deemed to be a school-related activity and begins with a report of the act. Incidents that require a reasonable investigation when reported to appropriate school authorities shall include alleged incidents of bullying or harassment allegedly committed against a child while the child is en route to school aboard a school bus or at a school bus stop;

(h) A process to investigate whether a reported act of bullying or harassment is within the scope of the district school system and, if not, a process for referral of that act to the appropriate authorities;

(i) A procedure for providing immediate notification to the parents of a victim of bullying or harassment and the parents of the perpetrator of an act of bullying or harassment, as well as notification to all local agencies where criminal charges may be pursued against the perpetrator;

(j) A procedure to refer victims and perpetrators of bullying or harassment for counseling;

(k) A procedure for including incidents of bullying or harassment in the school's report of data concerning school safety and discipline. The report must include each incident of bullying or harassment and the resulting consequences, including discipline and referrals. The report must include in a separate section each reported incident of bullying or harassment that does not meet the criteria of a prohibited act under this section with recommendations regarding those incidents. The State Department of Education shall aggregate information contained in the reports;

(l) A procedure for providing instruction to students, parents, teachers, school administrators, counseling staff and school volunteers on identifying, preventing and responding to bullying or harassment;

(m) A procedure for regularly reporting to a victim's parents the actions taken to protect the victim; and

(n) A procedure for publicizing the policy, which must include its publication in the school district discipline plan required under Section 37-11-53, the code of student conduct required under Section 37-11-55, and in all employee handbooks.

(5) To assist school districts in developing policies prohibiting bullying and harassment, the State Department of Education shall develop a model policy that shall be provided to school districts no later than October 1, 2010.

(6) A school employee, school volunteer, student or parent who promptly reports in good faith an act of bullying or harassment to the appropriate school official designated in the school district'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.

(7) (a) The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under this section.

(b) This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, or computer network when acting within the scope of his or her lawful employment or investigating a violation of this section in accordance with school district policy.

(8) The State Department of Education's approval of each school district's bullying and harassment policy shall be granted upon certification by the department that the school district's policy has been submitted to the department and is in substantial conformity with the department's model bullying and harassment policy as mandated in subsection (5) of this section.

(9) On or before January 1 of each year beginning in 2011, the State Superintendent of Public Education shall report to the Governor and the Chairmen of the House and Senate Education Committees on the implementation of this section. The report shall include data collected under subsection (4)(k) of this section.

(10) Any person found to be in violation of subsection (2) of this section shall be subject to the disciplinary actions of the local school board, as those actions are addressed under the local school board's disciplinary plan; however, any disciplinary actions exercised by the local school board against any person violating this section does not preclude that person from being subject to any criminal charges brought as a result of that violation.

(11) Nothing in this section shall be construed to abridge the rights of students or school employees that are protected by the First Amendment to the Constitution of the United States.

SECTION 2. Section 37-11-21, Mississippi Code of 1972, is amended as follows:

37-11-21. If any student, parent, guardian or other person in any manner abuses, bullies or harasses any superintendent, principal, teacher, school board member, school bus driver or any other school official or any student while school is in session or at a school-related activity, in the presence of school pupils or personnel, that person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).

SECTION 3. Section 37-11-53, Mississippi Code of 1972, is amended as follows:

37-11-53. (1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district, and the parents, guardian or custodian of each student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan and code of student conduct legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions. As part of the first legal audit occurring after July 1, 2010, the provisions of this section, Section 37-11-55, Section 37-11-18.1 and Section 1 of this act shall be fully incorporated into the school district's discipline plan and code of student conduct.

(2) All discipline plans of school districts shall include, but not be limited to, the following:

(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;

(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;

(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend the discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools or the school attendance officer and be required to attend the discipline conference; and

(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against the student for unlawful activity occurring on school grounds or buses.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which the parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).

(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to the school district. However, this section shall not apply to parents whose parental control of the child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions that the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which the minor or other person would otherwise be liable.

(5) A school district's discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.

SECTION 4. Section 37-11-55, Mississippi Code of 1972, is amended as follows:

37-11-55. The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:

(a) Specific grounds for disciplinary action under the school district's discipline plan;

(b) Procedures to be followed for acts requiring discipline, including suspensions and expulsion, that comply with due process requirements;

(c) An explanation of the responsibilities and rights of students with regard to: attendance; respect for persons and property; knowledge and observation of rules of conduct; free speech and student publications; assembly; privacy; and participation in school programs and activities;

(d) Policies and procedures recognizing the teacher as the authority in classroom matters, and supporting that teacher in any decision in compliance with the written discipline code of conduct. The recognition shall include the right of the teacher to remove from the classroom any student who, in the professional judgment of the teacher, is disrupting the learning environment, to the office of the principal or assistant principal. The principal or assistant principal shall determine the proper placement for the student, who may not be returned to the classroom until a conference of some kind has been held with the parent, guardian or custodian during which the disrupting behavior is discussed and agreements are reached that no further disruption will be tolerated. If the principal does not approve of the determination of the teacher to remove the student from the classroom, the student may not be removed from the classroom, and the principal, upon request from the teacher, must provide justification for his disapproval;

(e) Policies and procedures for dealing with a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities;

(f) Procedures for the development of behavior modification plans by the school principal, reporting teacher and student's parent for a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities for a second time during the school year; * * *

(g) Policies and procedures specifically concerning gang-related activities in the school, on school property or vehicles, or at school-related activities; and

(h) Policies and procedures for dealing with a student who bullies or harasses any student or employee of a public K-12 educational institution and the consequences resulting from that conduct.

SECTION 5. This act shall take effect and be in force from and after July 1, 2010.