Bill Text: MS HB573 | 2015 | Regular Session | Introduced

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Bill Title: Student bullying and harassing behavior; revise provision regarding.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2015-02-12 - Died On Calendar [HB573 Detail]

Download: Mississippi-2015-HB573-Introduced.html

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MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Representative Johnson

House Bill 573

AN ACT TO AMEND SECTION 37-11-67, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF BULLYING AND HARASSING BEHAVIOR BY ADDING ADDITIONAL CONDUCT THAT CONSTITUTES SUCH BEHAVIOR; TO CREATE NEW SECTION 37-11-68, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION REGARDING THE DEVELOPMENT OF POLICIES FOR THE PREVENTION OF BULLYING AND HARASSING BEHAVIOR; TO AMEND SECTION 37-11-69, MISSISSIPPI CODE OF 1972, TO PRESCRIBE ADDITIONAL RESPONSIBILITIES REQUIRED OF LOCAL SCHOOL DISTRICTS REGARDING THE DEVELOPMENT OF POLICIES FOR THE PREVENTION OF BULLYING AND HARASSING BEHAVIOR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-11-67, Mississippi Code of 1972, is amended as follows:

     37-11-67.  (1)  The Legislature finds that:

          (a)  All students have the right to participate fully in the educational process, free from bullying and harassment;

          (b)  A safe and civil environment in school is necessary for students to learn and to achieve high academic standards;

          (c)  Bullying and harassment, like other disruptive or violent behaviors, are forms of conduct that disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment; and

          (d)  Because students learn by example, school administrators, faculty, staff, and volunteers should be expected to demonstrate appropriate behavior, treat others with civility and respect, not to tolerate bullying and harassment.

     ( * * *12)  As used in this section, "bullying or harassing behavior" is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored or school-related function, or on a school bus or other vehicle operated by the school district, and that:

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

          (b)  Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits.  For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior * * *.;

          (c)  Includes conduct based on a student's actual or perceived race, color, natural origin, sex, gender, disability, sexual orientation, gender identity or expression, religion or any other distinguishing characteristics that may be defined by a state or local education agency; or

          (d)  Is based on association with a person or group with any person with one or more of the actual or perceived characteristics listed in paragraph (c).

     ( * * *23)  No student or school employee shall be subjected to bullying or harassing behavior on school property, on a school bus or other vehicle operated by the school district, or at any school-sponsored or school-related function by school employees or students.

     ( * * *34)  No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior.

     ( * * *45)  A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.

     ( * * *56)  A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.

     (7)  This section applies to conduct occurring on all public elementary and secondary school premises, at any school-sponsored or school-related functions or activities, and on school-sponsored transportation.  This section also applies to the usage of electronic technology and electronic communications that occurs on all public elementary and secondary school premises, at any school-sponsored or school-related functions or activities, on school-sponsored transportation and on school computers, networks, forums and mailing lists.

     SECTION 2.  The following shall be codified as Section 37-11-68, Mississippi Code of 1972:

     37-11-68.  (1)  To assist school districts in developing policies for the prevention of bullying and harassment, the State Department of Education shall develop and maintain a model policy that:

          (a)  Is applicable to teachers, staff and students at all grade levels, Kindergarten through Grade 12; and

          (b)  Contains definitions of bullying and harassment consistent with this section.

     (2)  The State Department of Education shall adopt rules to implement Sections 37-11-67 through 37-11-69 and provide guidelines to local school districts regarding training on the policy.

     (3)  The State Department of Education shall develop appropriate procedures for:

          (a)  Reporting of and responding to failures of districts, schools and administrators to implement the requirements of Sections 37-11-67 through 37-11-69;

          (b)  Reporting incidents of bullying and harassment by districts and schools; and

          (c)  Publication of statewide statistics concerning bullying and harassment, as defined in this Section 37-11-67.

     (4)  The State Department of Education shall annually submit a report to the Education Committees of the House of Representatives and the Senate updating membership on the number of bullying cases reported statewide, the number of local school districts implementing this part and any other information relating to the subject of bullying and harassment as will be helpful to the committee in establishing policy in this area.

     (5)  Filing complaints regarding district failure to develop and implement policies that provide the protections set forth in Sections 37-11-67 through 37-11-69.

     SECTION 3.  Section 37-11-69, Mississippi Code of 1972, is amended as follows:

     37-11-69.  * * *Before December 31, 2010, (1)  Each local school district shall include in its personnel policies, discipline policies and code of student conduct a statement * * *prohibition against prohibiting bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior. 

     (2)  The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing.

     (3)  At the beginning of each school year, each local school district shall make available to students and parents information relative to bullying prevention programs to promote awareness of the harmful effects of bullying and to permit discussion with respect to prevention policies and strategies.

     (4)  Each local school district's procedures for reporting, investigating and addressing bullying or harassing behavior shall, at a minimum, incorporate the model policy established by the State Department of Education.

     (5)  The procedure must specify that the principal, or his designee, shall be the person responsible for the investigation and must incorporate a response protocol for schools to follow upon confirmation of an incident of bullying or harassing behavior.

     (6)  One (1) person in the district shall be designated as the primary contact regarding the anti-bullying or harassing policy.  The primary contact shall receive copies of all formal and informal complaints, have the responsibility for assuring the implementation of the policy and procedure, and serve as the primary contact on the policy and procedures between the school district and the State Department of Education.

     (7)  Each local school district shall provide teachers and professional school counselors with a copy of the policy and training regarding the policy and appropriate procedures relative to implementation of the policy.

     (8)  Each local school district shall develop a procedure for publicizing the policy, which must include its publication in the code of student conduct and in all employee handbooks.

     (9)  Each local school district shall develop plans or programs including, but not limited to, peer mediation teams, in an effort to encourage students to report and address incidents of harassment and bullying.

     (10)  Each local school district shall establish a procedure for the development of a nonexhaustive list of the specific personal characteristics of a student which may often lead to harassment.  Based upon experience, a local board of education may add, but not remove, characteristics from the list.  The additional characteristics or perceived characteristics that cause harassment shall be identified by the local board on a case-by-case basis and added to the local board policy.  The list shall be included in the code of conduct policy of each local board.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2015.

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