SENATE BILL No. 147

 

 

February 16, 2011, Introduced by Senators WHITMER, HUNTER, GLEASON, ANDERSON, HOPGOOD and WARREN 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

 

harassment, intimidation, bullying, or cyberbullying at school, as

 

defined in this section.

 

     (2) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

require all teachers hired after adoption and implementation of its

 

policy under subsection (1) to sign a statement acknowledging that


 

he or she has read and is familiar with the policy.

 

     (3) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

include in its technology terms of use policies and agreements

 

language that prohibits harassment, intimidation, bullying, or

 

cyberbullying, and shall require pupils and their parents to sign

 

these agreements in order to use district or public school academy

 

technology.

 

     (4) As used in this section:

 

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

 

immediately adjacent to school premises, on a school bus or other

 

school-related vehicle, at an official school bus stop, on a

 

pupil's way to or from school, 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) "Electronic communication" means any communication through

 

a telecommunications access device or other electronic device,

 

including, but not limited to a telephone, cellular phone,

 

computer, or pager, which communication includes but is not limited

 

to electronic mail, instant messaging, text messages, blogs, mobile

 

telephones, pagers, online games, and websites.

 

     (c) "Harassment, intimidation, bullying, or cyberbullying"

 

means any written, verbal, or physical act, or any electronic


 

communication including, but not limited to, an act or electronic

 

communication shown to be motivated by a pupil's actual or

 

perceived race, color, religion, national origin, ancestry or

 

ethnicity, sexual orientation, physical, mental, emotional, or

 

learning disability, gender, gender identity and expression, or

 

other distinguishing personal characteristic, or based on

 

association with any person with 1 or more of these actual or

 

perceived distinguishing personal characteristics, if the written,

 

verbal, or physical act or electronic communication is intended to

 

meet 1 or more of the following:

 

     (i) To physically harm a pupil or damage the pupil's property.

 

     (ii) To substantially interfere with a pupil's educational

 

opportunities.

 

     (iii) To be so severe, persistent, or pervasive that it creates

 

an intimidating or threatening educational environment.

 

     (iv) To substantially disrupt the orderly operation of the

 

school.

 

     (d) "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.