HB-4163, As Passed Senate, November 29, 2011

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

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

 

section.

 

     (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

 

section:

 

     (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

 

academy.

 

     (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

 

emotional distress.

 

     (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".