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The committee on Education to whom was referred the petition (accompanied by petition, Senate, No. 275), relative to bullying, reported, recommending that the same ought to pass, with an amendment substituting a new draft of the same title (Senate, No. 2461). Robert A. Antonioni, |
Be it enacted by the Senate and House of
Representatives in General Court assembled,
SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 37N the following 5 sections:-
Section 37O. (a) The general court finds that bullying and cyberbullying can cause substantial and material disruption of a school’s ability to educate its students and threatens the public safety by creating an atmosphere in which this behavior can escalate into violence or an unsafe learning environment. Further, the General Court finds that bullying and cyberbullying increases the chances that a student will experience substance abuse, suicidality, depression and anxiety, absenteeism, escalated violence and other possible symptoms. Furthermore, the general court finds that a safe and civil environment is necessary for students at all grade levels in order to learn and achieve high academic standards.
(b) As used in this section the following words shall, unless the context clearly requires otherwise, has the following meaning:-
“Bullying and cyberbullying”, unwelcome written, electronic, verbal or physical acts or gestures where a student feels coerced, intimidated, harassed or threatened and, under the circumstances, may cause: (1) physical or emotional harm to a student, (2) damage to another student’s property, or (3) a disruptive or hostile school environment. The behavior must interfere with a student’s academic performance or ability to learn, or interfere with a student’s ability to participate in or benefit from services, activities, or privileges that are being offered through the school district.
“School grounds”, will be defined for the purposes of this section, as any parcel of real property on which any school building is situated, any parcel of real property that is owned or leased or used by a school district and on which some of the instruction, extracurricular activities, or training of the school is conducted.
SECTION 2. (a) Every school district shall include in its district code of conduct as required by section 37H, a bullying and cyberbullying prevention and response plan that complies with subsection (b);
(b) Each district superintendent shall develop a bullying and cyberbullying prevention and response plan in consultation with teachers, school staff, professional support personnel, administrators, students and parents, and shall update the plan biennially, while also posting the plan on its district website. Each district superintendent shall allow the public ample opportunity to offer input into the creation of the policy. Each plan shall include the following elements:
(1) a statement prohibiting bullying and cyberbullying on or near school grounds, at any school-sponsored event or activity or through the use of the district computer system while on or off campus, through the use of a personal digital device on campus, or off-campus activities that cause a disruption at school grounds. The statement shall also prohibit retaliation against students or school personnel who report incidents of bullying or cyberbullying;
(2) the types of age-appropriate behaviors expected from each student and staff member, as well as descriptions of age-appropriate forbidden behaviors;
(3) ongoing professional development for staff and age-appropriate programming for students regarding bullying and cyberbullying including the dangers and consequences of engaging in such behavior; and
(4) a communication framework and response plan for students, staff or parents to report bullying and cyberbullying behavior. The plan must include an outline of the procedures to be used by students, parents, teachers, faculty and administrators in reporting incidents of bullying or cyberbullying. These response plans must also include procedures for intervention by school administrators and shall have the following components as part of the response and intervention plan:
(a) reflect a flexible and prompt response format;
(b) explain the range of consequences, school district intervention, and remedial measures for a student who commits an act of bullying or cyberbullying, or retaliates against students or school personnel who report incidents of bullying or cyberbullying; and
(c) notification of parents or guardians of these incidents in a timely manner, however notification must not to exceed 60 days after any reported incident.
(e) Each school must designate a school official, identified by job title, who shall be responsible for implementing and enforcing the bullying prevention plan.
(f) Nothing in this section shall supersede or replace existing rights and remedies under federal law or laws of this commonwealth.
(g) Nothing in this section shall create a private remedy for enforcement of this section against any public school, school district or the commonwealth.
(h) Nothing in this section shall prevent remediation for any harassment under legally protected categories under state and federal law.
SECTION 3. (a) The department of education, in conjunction with the Department of Public Health, the Department of Mental Health and the Attorney General of the Commonwealth, shall approve a sample guidance framework for school districts to consider when creating a bullying and cyber bullying prevention and response plan. The Department will also include sample prevention and response plans and policies for school districts to consider.
(b) The Department of Education, in conjunction with the Department of Public Health, the Department of Mental Health and the Attorney General of the Commonwealth shall compile a list of bullying and cyberbullying prevention resources, existing prevention programs, best practices, techniques, and academic based research consistent with section 37O that shall be made available for use by school districts. These resources may include: print, audio, video, or digital media; subscription-based online services; and on-site or technology-enabled professional development and training sessions.
(c ) The Department of education shall update these prevention resources, existing prevention programs, best practices, techniques and academic based research and sample plans and policies and frameworks biennially. These resources shall be posted on the Department website within 180 days of the passage of this act.
SECTION 4. The Department of Education shall promulgate a set of guidelines and procedures for defining district reporting requirements for incidents of bullying and cyberbullying. In the development of these procedures, the department shall consider how these reporting requirements may be incorporated into existing district disciplinary reporting requirements. The department of education shall promulgate procedures within 180 days from the date of the passage of this act.
SECTION 5. School districts must complete and publish a bullying prevention and response plan in their district code of conduct by July 31st, 2009.
