August 17, 2010, Introduced by Senators WHITMER, SWITALSKI, CHERRY, BASHAM, OLSHOVE, ANDERSON, JACOBS, BRATER, CLARK-COLEMAN, THOMAS and SCOTT and referred to the Committee on Judiciary.




     A bill to amend 1976 PA 451, entitled


"The revised school code,"


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




     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




     (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




     (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




     (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.