HB-4162, As Passed House, March 28, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4162

     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) 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

bullying or harassment at school, as defined in this section. The

policy shall include provisions concerning education, parental

involvement, reporting, investigation, and intervention. Before

adopting the policy, the board or board of directors shall hold at

least 1 public hearing on the proposed policy. This public hearing

may be held as part of a regular board meeting. Not later than 30

days after adopting the policy, the board or board of directors

shall submit a copy of its policy to the department.

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

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

their 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 policies under this

section.

     (3) 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 or harassment" means abuse of a pupil by 1 or

more other pupils in any form. The term includes, but is not

limited to, conduct that meets any of the following:

     (i) Substantially interferes with educational opportunities,

benefits, or programs of 1 or more pupils.

(ii) Adversely affects 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 emotional distress.

     (iii) Is reasonably perceived to be motivated by animus or by an

actual or perceived characteristic.

     (iv) Meets the definition of bullying or harassment as defined

in the model anti-bullying policy adopted by the state board on

September 12, 2006.

     (c) "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.

     (4) This section shall be known as "Matt's Safe School Law".

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4091 of the 94th Legislature is enacted into

law.