Bill Text: OR HB2832 | 2011 | Regular Session | Introduced
Bill Title: Relating to hostile education environments; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2832 Detail]
Download: Oregon-2011-HB2832-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 479
House Bill 2832
Sponsored by Representative WITT (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands prohibited acts related to harassment, intimidation or
bullying or to cyberbullying to include actions by or against
school employees. Recognizes that student or school employee may
take reasonable actions to defend against physical act of
harassment, intimidation or bullying. Requires school employee to
report act of harassment, intimidation or bullying or of
cyberbullying.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to hostile education environments; amending ORS 339.351,
339.353, 339.356 and 339.362; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.351 is amended to read:
339.351. As used in ORS 339.351 to 339.364:
(1) 'Cyberbullying' means the use of any electronic
communication device to harass, intimidate or bully.
(2) 'Harassment, intimidation or bullying' means any act
{ + or communication + } that:
{ + (a) When directed toward a student: + }
{ - (a) - } { + (A) + } Substantially interferes with a
student's educational benefits, opportunities or performance;
{ - (b) - } { + (B) + } Takes place on or immediately
adjacent to school grounds, at any school-sponsored activity, on
school-provided transportation or at any official school bus
stop;
{ - (c) - } { + (C) + } Has the effect of:
{ - (A) - } { + (i) + } Physically harming a student or
damaging a student's property;
{ - (B) - } { + (ii) + } { - Knowingly - } Placing a
student in reasonable fear of physical harm to the student or
damage to the student's property; or
{ - (C) - } { + (iii) + } Creating a hostile educational
environment, including interfering with the psychological
well-being of a student; and
{ - (d) - } { + (D) + } May be based on, but not be limited
to, the protected class status of a person.
{ + (b) When directed toward a school employee:
(A) Takes place on or immediately adjacent to school grounds,
at any school-sponsored activity, on school-provided
transportation or at any official school bus stop;
(B) Has the effect of:
(i) Physically harming a school employee or damaging the
property of a school employee; or
(ii) Placing a school employee in reasonable fear of physical
harm to the school employee or damage to the property of the
school employee; and
(C) May be based on, but not be limited to, the protected class
status of a person. + }
(3) 'Protected class' means a group of persons distinguished,
or perceived to be distinguished, by race, color, religion, sex,
sexual orientation, national origin, marital status, familial
status, source of income or disability.
SECTION 2. ORS 339.353 is amended to read:
339.353. (1) The Legislative Assembly finds that:
(a) A safe and civil environment is necessary for students to
learn and achieve high academic standards.
(b) Harassment, intimidation or bullying and cyberbullying,
like other disruptive or violent behavior, are conduct that
disrupts a student's ability to learn { + , a teacher's ability
to teach + } and a school's ability to educate its students in a
safe environment.
(c) Students learn by example.
(2) The Legislative Assembly commends school administrators,
faculty, staff and volunteers for demonstrating appropriate
behavior, treating others with civility and respect, refusing to
tolerate harassment, intimidation or bullying and refusing to
tolerate cyberbullying.
SECTION 3. ORS 339.356 is amended to read:
339.356. (1) Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying and prohibiting
cyberbullying. School districts are encouraged to develop the
policy after consultation with parents, guardians, school
employees, volunteers, students, administrators and community
representatives.
(2) School districts must include in the policy:
(a) A statement prohibiting harassment, intimidation or
bullying and prohibiting cyberbullying { + by students and
school employees + }.
(b) Definitions of 'harassment,' 'intimidation' or ' bullying'
and of 'cyberbullying' that are consistent with ORS 339.351.
(c) Definitions of 'protected class' that are consistent with
ORS 174.100 and 339.351.
(d) A statement of the scope of the policy, including a notice
that the policy applies to behavior at school-sponsored
activities, on school-provided transportation and at any official
school bus stop.
(e) A description of the type of behavior expected from each
student { + and school employee + }.
(f) A statement of the consequences and appropriate remedial
action for a person who commits an act of harassment,
intimidation or bullying or an act of cyberbullying.
(g) A procedure that is uniform throughout the school district
for reporting an act of harassment, intimidation or bullying or
an act of cyberbullying. A procedure established under this
paragraph shall identify by job title the school officials
responsible for receiving such a report at a school and shall
allow a person to report an act of harassment, intimidation or
bullying or an act of cyberbullying anonymously. Nothing in this
paragraph may be construed to permit formal disciplinary action
solely on the basis of an anonymous report.
(h) A procedure that is uniform throughout the school district
for prompt investigation of a report of an act of harassment,
intimidation or bullying or an act of cyberbullying. A procedure
established under this paragraph shall identify by job title the
school officials responsible for investigating such a report.
(i) A procedure by which a person may request a school district
to review the actions of a school in responding to a report of an
act of harassment, intimidation or bullying or an act of
cyberbullying or investigating such a report.
(j) A statement of the manner in which a school and a school
district will respond after an act of harassment, intimidation or
bullying or an act of cyberbullying is reported, investigated and
confirmed.
(k) A statement of the consequences and appropriate remedial
action for a person found to have committed an act of harassment,
intimidation or bullying or an act of cyberbullying.
(L) A statement prohibiting reprisal or retaliation against any
person who reports an act of harassment, intimidation or bullying
or an act of cyberbullying and stating the consequences and
appropriate remedial action for a person who engages in such
reprisal or retaliation.
(m) A statement of the consequences and appropriate remedial
action for a person found to have falsely accused another of
having committed an act of harassment, intimidation or bullying
or an act of cyberbullying as a means of reprisal or retaliation,
as a means of harassment, intimidation or bullying or as a means
of cyberbullying.
(n) A statement of how the policy is to be publicized within
the district. At a minimum, a school district shall make the
policy:
(A) Annually available to parents, guardians, school employees
and students in a student or employee handbook; and
(B) Readily available to parents, guardians, school employees,
volunteers, students, administrators and community
representatives at each school office or at the school district
office and, if available, on the website for a school or the
school district.
(o) The identification by job title of school officials and
school district officials responsible for ensuring that policy is
implemented.
{ + (p) Recognition that a student or school employee may
take reasonable actions to defend the student or school employee
from a physical act of harassment, intimidation or bullying. + }
(3) A school district that does not comply with the
requirements of this section is considered nonstandard under ORS
327.103.
SECTION 4. ORS 339.362 is amended to read:
339.362. (1) A school employee, student or volunteer may not
engage in reprisal or retaliation against a victim of, witness to
or person with reliable information about an act of harassment,
intimidation or bullying or an act of cyberbullying.
(2) A { - school employee, - } student or volunteer who
witnesses or has reliable information that a student has been
subjected to an act of harassment, intimidation or bullying or an
act of cyberbullying is encouraged to report the act to the
appropriate school official designated by the school district's
policy.
{ + (3) A school employee who witnesses or has reliable
information that a student or another school employee has been
subjected to an act of harassment, intimidation or bullying or an
act of cyberbullying must report the act to the appropriate
school official designated by the school district's personnel
policy. + }
{ - (3) - } { + (4) + } A school employee who promptly
reports an act of harassment, intimidation or bullying or an act
of cyberbullying to the appropriate school official in compliance
with the procedures set forth in the school district's policy is
immune from a cause of action for damages arising from any
failure to remedy the reported act.
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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