Bill Text: MS HB1095 | 2010 | Regular Session | Introduced
Bill Title: Bullying prevention and intervention plan; require local school districts to develop and implement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1095 Detail]
Download: Mississippi-2010-HB1095-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Walley
House Bill 1095
AN ACT TO REQUIRE LOCAL SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT A BULLYING PREVENTION AND INTERVENTION PLAN; TO PRESCRIBE THE MANNER IN WHICH THE PLAN SHALL BE DEVELOPED; TO REQUIRE THAT THE PLAN BE POSTED ON THE DISTRICT WEB SITE; TO PRESCRIBE THE COMPONENTS THAT MUST BE INCLUDED IN THE DISTRICT'S PLAN; TO REQUIRE SUPERINTENDENTS TO DESIGNATE PERSONS WHO SHALL BE RESPONSIBLE FOR THE PROGRAMMATIC IMPLEMENTATION AND OVERSIGHT OF THE DISTRICT'S BULLYING PREVENTION AND INTERVENTION PLAN IN EACH SCHOOL; TO REQUIRE FACULTY AND STAFF TO BE TRAINED ANNUALLY ON THE DISTRICT'S PLAN; TO REQUIRE THE FACULTY AND STAFF TO ORIENTATE STUDENTS AT THE BEGINNING OF EACH ACADEMIC SCHOOL YEAR ON THE PROVISIONS OF THE DISTRICT'S PLAN; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, IN CONSULTATION WITH CERTAIN OTHER STATE AGENCIES, TO PUBLISH A MODEL BULLYING PREVENTION AND INTERVENTION PLAN TO BE USED BY SCHOOL DISTRICTS WHEN CREATING THEIR OWN PLANS; TO REQUIRE THE DEPARTMENT TO COMPILE A LIST OF BULLYING PREVENTION AND INTERVENTION RESOURCES THAT SHALL BE MADE AVAILABLE FOR USE BY SCHOOL DISTRICTS; TO REQUIRE THE DEPARTMENT TO UPDATE THE PREVENTION RESOURCES BIENNIALLY; TO AMEND SECTIONS 37-11-53 AND 37-11-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature finds that every public school student in this state has the right to receive his or her education in a school educational environment that is reasonably free from substantial intimidation, harassment or harm or threat of harm by another student.
SECTION 2. As used in this act, the following words shall have the meaning ascribed in this section, unless the context indicates otherwise:
(a) "Bullying" means any unwelcome written or verbal expressions, physical acts or gestures directed at a student
or another member of the school community with the intent to intimidate, frighten, ridicule, humiliate, or cause physical or emotional harm to that person. Bullying may include, but shall not be limited to, repeated taunting, threats of harm, verbal or physical intimidation, cyber-bullying, pushing, kicking, hitting, spitting, or taking or damaging another person's personal property.
(b) "Cyber-bullying" means bullying by means including electronic mails, cellular phones, instant messages, text messages or Web sites.
(c) "School grounds" means a parcel of real property on which a school building or facility is situated; a parcel of real property that is owned, leased or used by a school district for any school district-sponsored activities, events, instruction or training; and school buses.
SECTION 3. (1) Every school district shall include a bullying prevention and intervention plan that complies with the school district's discipline plan required by Section 37-11-53, and in its code of student conduct as required by Section
37-11-55.
(2) The superintendent and school board of each local school district shall develop and implement a bullying prevention and intervention plan in consultation with teachers, school staff, professional support personnel, administrators, students and parents and shall update the plan biennially. Each district superintendent and school board also shall ensure that the plan is posted on its district Web site and shall provide the school community, including teachers, staff and students, the opportunity to offer input into the creation of the bullying prevention and intervention plan by administering a public comment period. Each plan shall include, but not be limited to, the following:
(a) A statement prohibiting:
(i) Bullying and cyber-bullying on school grounds and at any school-sponsored event or activity, whether on or off campus;
(ii) Bullying and cyber-bullying through the use of the district computer system while on or off campus;
(iii) Bullying and cyber-bullying through the use of a personal digital device on campus or at any school or nonschool-sponsored off-campus activity in a manner that causes a disruption on school grounds; and
(iv) Retaliation against students or school personnel who report incidents of bullying or cyber-bullying;
(b) Ongoing professional development in social competency programming or similar training for staff and developmentally appropriate classroom instruction for students regarding bullying and cyber-bullying, including the dangers and consequences of engaging in that type of behavior;
(c) Procedures for reporting, investigating and responding promptly to complaints of bullying or cyber-bullying made by students, staff or parents; and
(d) Disciplinary measures that may be imposed on a student who has engaged in bullying or cyber-bullying or retaliated against someone in the school community who has reported an incident of bullying.
(3) Each superintendent, with the approval of the school board, shall designate and identify by job title a school official at each school in a school district who shall be responsible for the programmatic implementation and oversight of the district's bullying prevention and intervention plan.
(4) Faculty and staff of the school district shall be trained annually on the district's bullying prevention and intervention plan, including social competency programming, and shall provide an orientation at the beginning of each academic school year to students on the provisions of the district's plan.
(5) Nothing in this section shall:
(a) Supersede or replace existing rights and remedies under state or federal law;
(b) Create a private remedy for enforcement of this section against any public school, school district or the State of Mississippi; or
(c) Prevent a school district from remediating any harassment based on a person's membership in a legally protected category under state or federal law.
SECTION 4. (1) The State Department of Education, in consultation with the State Department of Health, the State Department of Mental Health and the Attorney General, shall:
(a) Publish a model bullying prevention and intervention plan for school districts to consider when creating their own plans;
(b) Compile a list of bullying prevention and intervention resources, existing evidence-based prevention programs, best practices and academic-based research that shall be made available for use by school districts. These resources may include, but shall not be limited to:
(i) Print, audio, video, or digital media;
(ii) Subscription-based online services; and
(iii) On-site or technology-enabled professional development and training sessions.
(2) The State Department of Education shall update biennially the prevention resources, existing prevention programs, best practices and academic-based research and model plans, policies and frameworks required under subsection (1) of this section. The department shall ensure that these resources are posted on its Web site.
SECTION 5. Section 37-11-53, Mississippi Code of 1972, is amended as follows:
37-11-53. (1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district, and the parents, guardian or custodian of the student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan and code of student conduct legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions. * * * The provisions of this section, Section 37-11-55, Section 37-11-18.1 and Sections 1 through 4 of this act shall be fully incorporated into the school district's discipline plan and code of student conduct.
(2) All discipline plans of school districts shall include, but not be limited to, the following:
(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;
(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;
(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools or the school attendance officer and be required to attend the discipline conference; and
(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against the student for unlawful activity occurring on school grounds or buses.
(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which that parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).
(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to such school district. However, this section shall not apply to parents whose parental control of the child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which the minor or other person would otherwise be liable.
(5) A school district's discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.
SECTION 6. Section 37-11-55, Mississippi Code of 1972, is amended as follows:
37-11-55. The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:
(a) Specific grounds for disciplinary action under the school district's discipline plan;
(b) Procedures to be followed for acts requiring discipline, including suspensions and expulsion, which comply with due process requirements;
(c) An explanation of the responsibilities and rights of students with regard to: attendance; respect for persons and property; knowledge and observation of rules of conduct; free speech and student publications; assembly; privacy; and participation in school programs and activities;
(d) Policies and procedures recognizing the teacher as the authority in classroom matters, and supporting that teacher in any decision in compliance with the written discipline code of conduct. The recognition shall include the right of the teacher to remove from the classroom any student who, in the professional judgment of the teacher, is disrupting the learning environment, to the office of the principal or assistant principal. The principal or assistant principal shall determine the proper placement for the student, who may not be returned to the classroom until a conference of some kind has been held with the parent, guardian or custodian during which the disrupting behavior is discussed and agreements are reached that no further disruption will be tolerated. If the principal does not approve of the determination of the teacher to remove the student from the classroom, the student may not be removed from the classroom, and the principal, upon request from the teacher, must provide justification for his disapproval;
(e) Policies and procedures for dealing with a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities;
(f) Procedures for the development of behavior modification plans by the school principal, reporting teacher and student's parent for a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities for a second time during the school year; * * * (g) Policies and procedures specifically concerning gang-related activities in the school, on school property or vehicles, or at school-related activities; and
(h) Policies and procedures specifically concerning bullying and cyber-bullying activities or retaliation for the reporting on those activities in the school, on school property or vehicles, or at school-related activities, whether on or off campus.
SECTION 7. This act shall take effect and be in force from and after July 1, 2010.
