SENATE, No. 301

By Mr. Barrios, a petition (accompanied by bill, Senate, No. 301) of Jarrett T. Barrios, Edward G. Connolly, Brian P. Lees, Brian A. Joyce and other members of the General Court for legislation relative to the safe schools act. Education

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT SAFE SCHOOLS ACT

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

SECTION 1.  The general court finds that bullying disrupts a school’s ability to educate students and threatens public safety by creating an atmosphere in which such behavior can escalate into violence.  Further, the general court finds that a safe and civil environment is necessary if students are to learn and achieve the high academic standards and that legislation is necessary to provide protection for students.

SECTION 2.   Chapter 71 of the General Laws is hereby amended by inserting after section 37N following 2 sections:-

 Section 37O.  .     For purposes of this section and section 37P, the term “bullying” shall mean repeated harassment or intimidation, including written or verbal expressions, physical acts, gestures, or indirect actions committed against the will of an individual, which causes intentional emotional distress.  The harassment or intimidation may be based on race, religion, national origin, ethnicity, sexual orientation, disability, physical appearance, gender identity, academic ability, or language proficiency. Section 37P.  The department of education shall create mandates which every public school in the commonwealth shall follow in creating a “safe school plan”. The plan shall include the following elements:

(1) Procedures for how a student shall be protected from bullying that takes place on or immediately adjacent to public school grounds, at any school-sponsored activity, on public school transportation or at any official public school bus stop. 
(2) A statement prohibiting bullying as well as a procedures outlining;

(i)  the type of appropriate behavior expected from each student and staff member that will be communicated to students, staff and families;(ii)  a prompt bullying response, including the consequences and remedial actions for a student who commits an act of bullying;(iii)  the reporting of bullying, including consequences if  a report of bullying is found to be a false accusation;(iv)  a statement protecting from retaliation a student or staff member who reports an act of bullying;

(v)  an intra-district policy implementation and publication plan;

(vi)  a plan for communicating incidents of bullying to students’ families and;

(vii)  the identification by job title of school officials responsible for implementing and enforcing the safe school plan. (3) Each district superintendent shall submit annually by July 1 an updated safe school plan to the commissioner of education accompanied by an itemized report of the number of bullying incidents.