Bill Text: OR SB1555 | 2012 | Regular Session | Enrolled
Bill Title: Relating to hostile education environments; and prescribing an effective date.
Spectrum: Slight Partisan Bill (Democrat 12-4)
Status: (Passed) 2012-03-20 - Effective date, July 1, 2012. [SB1555 Detail]
Download: Oregon-2012-SB1555-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1555
Sponsored by Senator VERGER; Senators ATKINSON, BOQUIST, JOHNSON,
PROZANSKI, TELFER, WHITSETT, Representatives BARKER, BOONE,
HOYLE, HUNT, KENY-GUYER, KOTEK, READ, ROBLAN, TOMEI (Presession
filed.)
CHAPTER ................
AN ACT
Relating to hostile education environments; creating new
provisions; amending ORS 339.356, 339.359 and 339.362; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - }
{ + shall + } 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.
(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.
{ - (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) - } { + (f) + } 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 { + :
(A) + } Identify by job title the school officials responsible
for receiving such a report at a school { - and shall - }
{ + .
(B) Require a school employee to report an act of harassment,
intimidation or bullying or an act of cyberbullying to a person
identified under subparagraph (A) of this paragraph.
Enrolled Senate Bill 1555 (SB 1555-INTRO) Page 1
(C) Identify any remedial action that may be imposed on a
school employee for failure to make a report as required by
subparagraph (B) of this paragraph.
(D) + } Allow a { - person - } { + student or volunteer + }
to report an act of harassment, intimidation or bullying or an
act of cyberbullying { + voluntarily and + } anonymously { +
to a person identified under subparagraph (A) of this
paragraph + }. Nothing in this { - paragraph - }
{ + subparagraph + } may be construed to permit { - formal
disciplinary action - } { + remedial action + } solely on the
basis of an anonymous report.
{ - (h) - } { + (g) + } 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) - } { + (h) + } 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) - } { + (i) + } 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) - } { + (j) + } 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) - } { + (k) + } 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) - } { + (L) + } 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) - } { + (m) + } 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) - } { + (n) + } The identification by job title of
school officials and school district officials responsible for
ensuring that { + the + } policy is implemented.
(3) A school district that does not comply with the
requirements of this section is considered nonstandard under ORS
327.103.
SECTION 2. ORS 339.359 is amended to read:
Enrolled Senate Bill 1555 (SB 1555-INTRO) Page 2
339.359. (1) School districts { - are encouraged to - }
{ + must + } incorporate into existing training programs for
students and school employees information related to { + :
(a) + } The prevention of, and the appropriate response to,
acts of harassment, intimidation and bullying and acts of
cyberbullying { - . - } { + ; and
(b) The policy adopted under ORS 339.356. + }
(2) School districts are encouraged to form task forces and to
implement programs and other initiatives that are aimed at the
prevention of, and the appropriate response to, acts of
harassment, intimidation or bullying and acts of cyberbullying
and that involve school employees, students, administrators,
volunteers, parents, guardians, law enforcement and community
representatives.
SECTION 3. 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) + } 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 - }
{ + must + } report the act to the appropriate school official
designated by the school district's policy.
{ + (b) A 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 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 4. { + The amendments to ORS 339.356, 339.359 and
339.362 by sections 1 to 3 of this 2012 Act first apply to the
2012-2013 school year. + }
SECTION 5. { + This 2012 Act takes effect on July 1, 2012. + }
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Enrolled Senate Bill 1555 (SB 1555-INTRO) Page 3
Passed by Senate February 15, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 27, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1555 (SB 1555-INTRO) Page 4
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1555 (SB 1555-INTRO) Page 5
