{+ NEW SECTION TO THE CHILDREN LAW. +}

Sec. 1. The legislature declares that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The legislature finds that harassment, intimidation, or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment.

Furthermore, the legislature finds that students learn by example. The legislature commends the many school administrators, faculty, staff, and volunteers who demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate or be involved in harassment, intimidation, or bullying.

(Dates that Requirements take effect)

Sec. 2. (1) By ____ day of _________, 20__, each school shall adopt or amend if necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school to share this policy with parents or guardians, students, volunteers, and school employees.

Sec. 3. (1) By ____ day of _________, 20__, each school shall adopt or amend if necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student, school employee, or volunteer. It is the responsibility of each school to share this policy with parents or guardians, students, volunteers, and school employees.

Definitions of bullying and harassment

(2) "Harassment, intimidation, or bullying" is defined as any intentional written, verbal, or physical act, including, but not limited to those that are reasonably perceived as being motivated either by any actual or other distinguishing characteristics, when the intentional written, verbal, or physical act:

(a) Physically harms a student, school employee, or volunteer or damages his or her property; or

(b) Has the effect of substantially interfering with a student's education; or the providing of that education; or

(c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational or work environment; or

(d) Has the effect of substantially disrupting the orderly operation of the school.

Recommendations about how to make policy - Inclusion

(3) It is recommended that the policy be adopted or amended through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. It is recommended that each such policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students, school employees, and volunteers to comply with the school's policy prohibiting harassment, intimidation, or bullying. It is additionally recommended that rights of due process are guaranteed for the accused.

Date policy is due and duties of the Ministry of Education and the Department of Education

(4) By ____ day of _________, 20__, the Ministry of Education and the Department of Education, in consultation with representatives of the schools shall provide to parents, school personnel, and other interested parties, a model harassment, intimidation, and bullying prevention policy and training materials on the components that should be included in any school policy. Training materials shall be disseminated in a variety of ways, including workshops and other staff developmental activities, and through the office of the Ministry of Education and the Department of Education's web site, with a link to the safety center web page. On the web site:

(a) The office of the Ministry of Education and the Department of Education shall post its model policy, recommended training materials, and instructional materials;

(b) The office of the Ministry of Education and the Department of Education has the authority to update with new technologies access to this information in the safety center, to the extent resources are made available; and

(c) Individual school shall have direct access to the safety center web site to post a brief summary of their policies, programs, partnerships, vendors, and instructional and training materials, and to provide a link to the school's web site for further information.

Protection against reprisal, retaliation or false accusation

Sec. 4. A new section to be added to read as follows:

  (1) No school employee, student, or volunteer may engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.

(2) A school employee, student, or volunteer who has witnessed, or has reliable information that a student, school employee, or volunteer has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, is encouraged to report such incident to an appropriate school official who shall enforce the official policies equally for all and by all.

(3) Whoever is guilty of an offence under subsections 1 and/or 2 is liable-

(a) on conviction on indictment, to a fine and to imprisonment for five years; or

(b) on conviction by a summary court, to a fine of one thousand dollars and to imprisonment for six months.

Protection against lawsuits upon compliance to policies

(4) A school employee who promptly reports an incident of harassment, intimidation, or bullying to an appropriate school official, and who makes this report in compliance with the procedures in the school's policy prohibiting bullying, harassment, or intimidation, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

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