Bill Text: MS HB750 | 2015 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB750 Detail]

Download: Mississippi-2015-HB750-Introduced.html

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MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Representative Clarke

House Bill 750

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 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.

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

     ( * * *13)  As used in this section, "bullying or harassing behavior" is any conduct or 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 a student's race, color, natural origin, religion, sex, gender, disability, sexual orientation, gender identity or expression; or is based on association with a person or group with one (1) or more * * *any actual or perceived differentiating characteristics * * *, that takes place on school property, at any school‑sponsored function, or on a school bus listed above, 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 adversely 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.

     (2)  No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.

     (3)  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.

     (4)  A school employee who has witnessed or has reliable information that a student or school employee has been subject to or may become the target of any act of bullying or harassing behavior shall promptly report the incident to the * * *appropriate principal or to the school official designated in the plan as responsible for receiving such reports or both.

     (5)  A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to or may become the target of any act of bullying or harassing behavior should report the incident to the * * * appropriate designated school official.  This designated official shall receive copies of all formal and informal complaints, have 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.

     (6)  Each school district shall formulate and adhere to an anti-bullying prevention plan.  This plan shall be publicized and must appear in new employee training materials, any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the district, and in any student handbook.  Each anti-bullying plan shall, at a minimum, incorporate the model policy established by the State Department of Education.  Such a plan shall include, but not be limited to:

          (a)  A statement that prohibits bullying or harassing behavior, as defined in this section.

          (b)  A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or harassment and describes appropriate remedial action for a person who engages in reprisal or retaliation;

          (c)  Clear procedures for students, staff, parents, guardians and others to report bullying or retaliation;

          (d)  A provision stating that reports of bullying or retaliation may be made anonymously.  However, no disciplinary action shall be taken against a student solely on the basis of an anonymous report;

          (e)  Procedures for documenting receipt of reports, recording incident data and maintaining all relevant records;

          (f)  Clear procedures for promptly responding to and investigating reports of bullying or retaliation, identifying the principal or a designee as the person responsible for the investigation;

          (g)  Delineate the range of ways in which a school will respond once an incident of bullying or harassment is identified, including a range of age-appropriate consequences that may or will attach to the prohibited bullying or harassing behavior;

          (h)  Clear procedures for restoring a sense of safety for a victim and assessing that victim's needs for protection;

          (i)  Strategies for protecting, from bullying or retaliation, a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying;

          (j)  A process by which data on incidents of bullying and harassment shall be collected, reported and analyzed on an annual basis; and

          (k)  A requirement that anti-bullying prevention plans be revised and submitted to the State Department of Education biennially.

     (7)  The Mississippi Department of Education shall:

          (a)  Publish a model plan for school districts and schools to consider when creating their plans, containing a definition of bullying or harassing behavior that is consistent with this act.

          (b)  Develop procedures for investigating violations of this section.  If a school district is found not to have properly implemented its prevention plan in accordance with this section, the department may require that school district to properly implement the plan or take other actions to address the findings of the investigation.

          (c)  Publish statewide statistics concerning bullying and harassing behavior, as defined in this chapter.

     (8)  This section shall not be construed to limit the rights of any individual currently available under any other law, civil or criminal.

     SECTION 2.  Section 37-11-69, Mississippi Code of 1972, is amended as follows:

     37-11-69.  Before December 31, * * *2010 2015, each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt * * *procedures for reporting, investigating and addressing such behavior an anti-bullying prevention plan in accordance with the provisions set forth in Section 37-11-67.  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.  The policies must also recognize that any act or conduct reasonably perceived as being motivated by student's race, color, national origin, sex, gender, disability, sexual orientation, gender identity or expression, religion, or any other distinguishing characteristics that may be defined by the State Department of Education, or that is based on association with a person or group with any person with one (1) or more actual or perceived differentiating characteristics listed above, shall be considered bullying or harassing behavior if the conduct or act otherwise falls within the scope of bullying or harassing behavior as it is defined in Section 37-11-67.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.

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