HOUSE BILL No. 4580

 

March 12, 2009, Introduced by Reps. Byrnes, Cushingberry, Melton, Paul Scott, Rick Jones, Warren, Scripps, Schuitmaker, Miller, Switalski, Geiss, Kennedy, Liss, Bauer, Lisa Brown, Neumann, Barnett, Haase, Mayes, Roberts, Bledsoe, Valentine, Donigan, Polidori, Lipton, Gregory, Meadows, Gonzales, Johnson and Lindberg and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1310b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1310b. (1) Not later than 6 months after the effective

 

date of this section, the board of a school district or

 

intermediate school district or board of directors of a public

 

school academy shall adopt and implement a policy prohibiting

 

bullying or harassment at school, as defined in this section. The

 

legislature encourages a board or board of directors to include in

 

its policy provisions concerning education, parental involvement,

 

reporting, investigation, and intervention. Before adopting the

 

policy, the board or board of directors shall hold at least 1

 

public hearing on the proposed policy. This public hearing may be


 

held as part of a regular board meeting. Not later than 30 days

 

after adopting the policy, the board or board of directors shall

 

submit a copy of its policy to the department.

 

     (2) Not later than 1 year after the deadline under subsection

 

(1) for districts and public school academies to submit copies of

 

their policies to the department, the department shall submit a

 

report to the senate and house standing committees on education

 

summarizing the status of the implementation of policies under this

 

section.

 

     (3) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

premises, on a school bus or other school-related vehicle, or at a

 

school-sponsored activity or event whether or not it is held on

 

school premises. "At school" includes conduct using a

 

telecommunications access device or telecommunications service

 

provider that occurs off school premises if the telecommunications

 

access device or the telecommunications service provider is owned

 

by or under the control of the school district or public school

 

academy.

 

     (b) "Bullying or harassment" means abuse of a pupil by 1 or

 

more other pupils in any form. The term includes, but is not

 

limited to, conduct that meets any of the following:

 

     (i) Substantially interferes with educational opportunities,

 

benefits, or programs of 1 or more pupils.

 

     (ii) Adversely affects the ability of a pupil to participate in

 

or benefit from the school district's or public school's

 

educational programs or activities by placing the pupil in


 

reasonable fear of physical harm or by causing emotional distress.

 

     (iii) Is reasonably perceived to be motivated by animus or by an

 

actual or perceived characteristic.

 

     (c) "Telecommunications access device" and "telecommunications

 

service provider" mean those terms as defined in section 219a of

 

the Michigan penal code, 1931 PA 328, MCL 750.219a.

 

     (4) This section shall be known as "Matt's Safe School Law".