HB-4163, As Passed Senate, November 29, 2011
HOUSE BILL NO. 4163
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) Subject to subsection (3), 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 at school, as defined in this section.
(2) Subject to subsection (3), before adopting the policy
required under subsection (1), 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.
Subject to subsection (3), 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.
(3) If, as of the effective date of this section, a school
district, intermediate school district, or public school academy
has already adopted and implemented an existing policy prohibiting
bullying at school and that policy is in compliance with subsection
(5), the board of the school district or intermediate school
district or board of directors of the public school academy is not
required to adopt and implement a new policy under subsection (1).
However, this subsection applies to a school district, intermediate
school district, or public school academy described in this
subsection only if the board or board of directors submits a copy
of its policy to the department not later than 60 days after the
effective date of this section.
(4) Not later than 1 year after the deadline under subsection
(2) 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
(5) A policy adopted pursuant to subsection (1) shall include
at least all of the following:
(a) A statement prohibiting bullying of a pupil.
(b) A statement prohibiting retaliation or false accusation
against a target of bullying, a witness, or another person with
reliable information about an act of bullying.
(c) A provision indicating that all pupils are protected under
the policy and that bullying is equally prohibited without regard
to its subject matter or motivating animus.
(d) The identification by job title of school officials
responsible for ensuring that the policy is implemented.
(e) A statement describing how the policy is to be publicized.
(f) A procedure for providing notification to the parent or
legal guardian of a victim of bullying and the parent or legal
guardian of a perpetrator of the bullying.
(g) A procedure for reporting an act of bullying.
(h) A procedure for prompt investigation of a report of
violation of the policy or a related complaint, identifying either
the principal or the principal's designee as the person responsible
for the investigation.
(i) A procedure for each public school to document any
prohibited incident that is reported and a procedure to report all
verified incidents of bullying and the resulting consequences,
including discipline and referrals, to the board of the school
district or intermediate school district or board of directors of
the public school academy on an annual basis.
(6) The legislature encourages a board or board of directors
to include all of the following in the policy required under this
(a) Provisions to form bullying prevention task forces,
programs, teen courts, and other initiatives involving school
staff, pupils, school clubs or other student groups,
administrators, volunteers, parents, law enforcement, community
members, and other stakeholders.
House Bill No. 4163 (H-4) as amended November 10, 2011
(b) A requirement for annual training for administrators,
school employees, and volunteers who have significant contact with
pupils on preventing, identifying, responding to, and reporting
incidents of bullying.
(c) A requirement for educational programs for pupils and
parents on preventing, identifying, responding to, and reporting
incidents of bullying and cyberbullying.
(7) A school employee, school volunteer, pupil, or parent or
guardian who promptly reports in good faith an act of bullying to
the appropriate school official designated in the school district's
or public school academy's policy and who makes this report in
compliance with the procedures set forth in the policy is immune
from a cause of action for damages arising out of the reporting
itself or any failure to remedy the reported incident. [However, this
immunity does not apply to a school official who is designated under subsection (5)(d), or who is responsible for remedying the bullying, when acting in that capacity.]
(8) 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
(b) "Bullying" means any written, verbal, or physical act, or
any electronic communication, that is intended or that a reasonable
person would know is likely to harm 1 or more pupils either
directly or indirectly by doing any of the following:
(i) Substantially interfering with educational opportunities,
benefits, or programs of 1 or more pupils.
(ii) Adversely affecting 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 substantial
(iii) Having an actual and substantial detrimental effect on a
pupil's physical or mental health.
(iv) Causing substantial disruption in, or substantial
interference with, the orderly operation of the school.
(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.
(9) This section shall be known as "Matt's Safe School Law".