Bill Text: OR SB240 | 2011 | Regular Session | Engrossed
Bill Title: Relating to hostile education environments; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB240 Detail]
Download: Oregon-2011-SB240-Engrossed.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 373
A-Engrossed
Senate Bill 240
Ordered by the Senate April 22
Including Senate Amendments dated April 22
Sponsored by Senators VERGER, ATKINSON; Senators BOQUIST,
EDWARDS, MONNES ANDERSON, PROZANSKI, TELFER (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.
Requires school employees to report acts of harassment,
intimidation or bullying and acts of cyberbullying. Allows
remedial action for failure to report.
{ - Requires increased remedial actions if person conspired
with another person to commit act of harassment, intimidation or
bullying or act of cyberbullying, or if person commits subsequent
acts of harassment, intimidation or bullying or acts of
cyberbullying. - }
Requires school to prominently post policy related to acts of
harassment, intimidation or bullying and acts of cyberbullying.
Requires school or school district to report to law enforcement
incidents that may have violated criminal statute.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to hostile education environments; creating new
provisions; amending ORS 339.356, 339.359 and 339.362; and
declaring an emergency.
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.
(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 in 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) Prominently visible at the main entrance of each
kindergarten through grade 12 school; + }
{ - (A) - } { + (B) + } Annually available to parents,
guardians, school employees and students in a student or employee
handbook; and
{ - (B) - } { + (C) + } 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:
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 2011 Act first apply to the
2011-2012 school year. + }
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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