HB-5620, As Passed Senate, December 13, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5620

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1310b (MCL 380.1310b), as amended by 2014 PA

478.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1310b. (1) 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) or any modification to the policy,

the board or board of directors shall hold at least 1 public

hearing on the proposed policy or modification. This public hearing

may be held as part of a regular board meeting. Subject to

subsection (3), not later than 30 days after adopting or modifying

the policy under subsection (1), the board or board of directors

shall submit a copy of its policy to the department.

     (3) If, as of the effective date of the 2014 amendments to

this section, March 31, 2015, 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 subsections (1) and (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 modified 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 the 2014 amendments to this section.May 31, 2015.

     (4) Not later than 1 year after the deadline under subsection

(2) for districts and public school academies to submit copies of

their modified 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 the

modifications to policies required under the 2014 amendments to

this section.2014 PA 478.

     (5) A policy adopted pursuant to subsection (1) shall include

at least all of the following:

     (a) A statement prohibiting bullying of a pupil. Not later

than 6 months after the effective date of the 2014 amendments to

this section, October 1, 2015, this statement shall be modified as

necessary to comply with the 2014 amendments to this section 2014

PA 478 including, but not limited to, the inclusion of

cyberbullying as a form of bullying.

     (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.

     (j) An assurance of confidentiality for an individual who

reports an act of bullying and procedures to safeguard that

confidentiality.

     (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.

     (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.

     (d) Provisions for considering the use of restorative

practices in the correction of bullying behavior, as described in

section 1310c.

     (7) The department shall establish a form and procedure for

school districts and public school academies to report incidents of

bullying to the department on an annual basis and shall make this

information readily available to the public. A school district or

public school academy shall report incidents of bullying to the

department according to the form and procedures established by the

department. The department shall ensure that the information

collected and made available under this subsection does not include

personally identifiable information about any individual who

reports or is involved in a specific incident of bullying.

     (8) 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.

     (9) If the board of a school district or intermediate school

district or board of directors of a public school academy amends or

otherwise modifies its policy required under this subsection at any

time after a copy of the policy was initially submitted to the

department under subsection (2) or (3), the board or board of

directors shall submit a copy of the modified policy to the

department not later than 30 days after adopting the modification.

     (10) 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, including, but not limited to,

cyberbullying, 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) "Cyberbullying" means 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

House Bill No. 5620 as amended June 1, 2016

as amended December 13, 2016

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.

     (d) "Restorative practices" means that term as defined in

section 1310c.

(e) (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.

     (11) This section shall be known as "The Matt Epling Safe

School Law".

     Enacting section 1. This amendatory act takes effect [August 1,

<<2017.>> ]

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5619 of the 98th Legislature is enacted into

law.