January 25, 2005, Introduced by Senator THOMAS 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) The board of a school district or board of
directors of a public school academy shall adopt a policy
prohibiting harassment, intimidation, or bullying at school. The
content of the policy shall be determined locally but the policy
shall contain at least the components in subsection (2). It is
recommended that the policy be adopted through a process that
includes representation of parents or guardians, school employees,
volunteers, pupils, school administrators, and community
representatives.
(2) Each school district's or public school academy's policy
shall include at least each of the following components:
(a) A statement prohibiting harassment, intimidation, or
bullying of a pupil.
(b) A definition of harassment, intimidation, or bullying that
includes at least the acts described in the definition in this
section.
(c) A description of the type of behavior expected from each
pupil.
(d) Consequences and appropriate remedial action for a person
who commits an act of harassment, intimidation, or bullying.
(e) A procedure for reporting an act of harassment,
intimidation, or bullying, including a provision that permits a
person to report an act of harassment, intimidation, or bullying
anonymously. However, this subdivision shall not be construed to
permit formal disciplinary action solely on the basis of an
anonymous report.
(f) A procedure for prompt investigation of reports of
violations and complaints, identifying either the principal or the
principal's designee as the person responsible for the
investigation.
(g) The range of ways in which a school will respond once an
incident of harassment, intimidation, or bullying is identified.
(h) A statement that prohibits reprisal or retaliation against
any person who reports an act of harassment, intimidation, or
bullying, and the consequences and appropriate remedial action for
a person who engages in that type of reprisal or retaliation.
(i) Consequences and appropriate remedial action for a person
found to have falsely accused another as a means of retaliation or
as a means of harassment, intimidation, or bullying.
(j) A statement of how the policy is to be publicized
including notice that the policy applies to participation in
school-sponsored activities.
(3) Each board or board of directors shall adopt the policy
under this section and transmit a copy of its policy to the
superintendent of public instruction by September 1, 2006.
(4) To assist school districts and public school academies in
developing policies for the prevention of harassment, intimidation,
or bullying, the department shall develop a model policy applicable
to grades K-12. This model policy shall be issued no later than
December 1, 2005.
(5) A board or board of directors shall ensure that notice of
the school district's or public school academy's policy under this
section is included in any publication of the school district or
public school academy that sets forth the comprehensive rules,
procedures, and standards of conduct for its schools, and in its
pupil handbooks.
(6) A school employee, pupil, or volunteer shall not engage in
reprisal, retaliation, or false accusation against a victim,
witness, or one with reliable information about an act of
harassment, intimidation, or bullying.
(7) A school employee, pupil, or volunteer who has witnessed,
or has reliable information that a pupil has been subjected to,
harassment, intimidation, or bullying, whether verbal or physical,
is encouraged to report the incident to the appropriate school
official designated by the school district's or public school
academy's policy.
(8) A school employee who promptly reports an incident of
harassment, intimidation, or bullying to the appropriate school
official designated by the school district's or public school
academy's policy, and who makes this report in compliance with the
procedures in the policy prohibiting harassment, intimidation, or
bullying is not liable for damages arising from any failure to
remedy the reported incident.
(9) Public schools and school districts are encouraged to form
bullying prevention task forces, programs, and other initiatives
involving school staff, pupils, administrators, volunteers,
parents, law enforcement, and community members.
(10) Each school district or public school academy shall do
all of the following:
(a) Provide training on the school district's or public school
academy's harassment, intimidation, or bullying policies to school
employees and volunteers who have significant contact with pupils.
(b) Develop a process for discussing the harassment,
intimidation, or bullying policy with pupils.
(11) A school district or public school academy shall
incorporate information regarding the school district or public
school academy policy against harassment, intimidation, or bullying
into each school's employee training program.
(12) This section does not prevent a victim from seeking
redress under any other available law, either civil or criminal.
This section does not create or alter any tort liability.
(13) 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, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(b) "Harassment, intimidation, or bullying" means any gesture
or written, verbal, or physical act that a reasonable person under
the circumstances should know will have the effect of harming a
pupil or damaging his or her property or placing a pupil in
reasonable fear of harm to his or her person or damage to his or
her property, or that has the effect of insulting or demeaning any
pupil or group of pupils in such a way as to disrupt or interfere
with the school's educational mission or the education of any
pupil. Harassment, intimidation, or bullying includes, but is not
limited to, a gesture or written, verbal, or physical act described
in this subdivision that is reasonably perceived as being motivated
by a pupil's religion, race, color, national origin, age, sex,
sexual orientation, disability, height, weight, or socioeconomic
status, or by any other distinguishing characteristic.