January 22, 2013, Introduced by Rep. Slavens and referred to the Committee on Education.
A bill to provide for the reporting of cyberbullying
incidents; and to provide for certain powers and duties of law
enforcement officers and school officials regarding those
incidents.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"cyberbullying reporting act".
Sec. 2. As used in this act:
(a) "Cyberbullying" means any electronic communication
including, but not limited to, an 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 electronic communication is intended to
meet 1 or more of the following criteria:
(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.
(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) "School" means a public or nonpublic elementary or
secondary school in this state.
Sec. 3. The department of state police and the department of
education shall utilize the Michigan school violence hotline to
accept reports of cyberbullying in schools, in addition to other
reports of violence or suspicious or criminal conduct by juveniles
currently accepted through that hotline.
Sec. 4. If a law enforcement officer or official receives a
credible report of an incident of cyberbullying by or against a
pupil or pupils enrolled at a school, the law enforcement officer's
or official's law enforcement agency shall promptly report that
incident to all of the following persons:
(a) A school official at the school or schools in which any
alleged perpetrator or victim of the cyberbullying incident is
enrolled as a pupil.
(b) The parent or guardian of each alleged perpetrator or
victim of the alleged cyberbullying incident.
Sec. 5. If a school official becomes aware of, or receives a
credible report of, an alleged cyberbullying incident at that
school, the school official shall promptly report that alleged
incident to a parent or guardian of any alleged perpetrator or
victim of the incident.