HOUSE BILL NO. 2120 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK.
4303H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 160.775, RSMo, and to enact in lieu thereof one new section relating to school antibullying policies.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 160.775, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 160.775, to read as follows: 160.775. 1. [Every district shall adopt an antibullying policy by September 1, 2007] 2 This section shall be known and may be cited as the "Missouri Childhood Hero Act". 3 2. As used in this section, the following terms mean: 4 (1) "Act of school violence" or "violent behavior", the same meaning as in 5 section 160.261; 6 (2) "Bullying" [means], intimidation, unwanted aggressive behavior, or harassment 7 that is repetitive or is substantially likely to be repeated and causes a reasonable student to 8 fear for his or her physical safety or property; substantially interferes with the educational 9 performance, opportunities, or benefits of any student without exception; or substantially 10 disrupts the orderly operation of the school. Bullying may consist of physical actions, 11 including gestures, or oral, cyberbullying, electronic, or written communication, and any 12 threat of retaliation for reporting of such acts. Bullying of students is prohibited on school 13 property, at any school function, or on a school bus[.]; 14 (3) "Crime", any of the crimes listed in section 160.261; 15 (4) "Cyberbullying" [means], bullying as defined in this subsection through the 16 transmission of a communication including, but not limited to, a message, text, sound, or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2120 2
17 image by means of an electronic device including, but not limited to, a telephone, wireless 18 telephone, or other wireless communication device, computer, or pager; 19 (5) "Zero-tolerance disciplinary policy", a policy or practice of discipline that 20 results in an automatic disciplinary consequence such as suspension or expulsion for any 21 student who commits one or more listed offenses even if administrators have some 22 discretion to modify the consequence on a case-by-case basis. 23 3. Each school district's and charter school's antibullying policy shall be founded on 24 the assumption that all students need a safe learning environment. Policies shall treat all 25 students equally and shall not contain specific lists of protected classes of students who are to 26 receive special treatment. Policies may include age-appropriate differences for schools based 27 on the grade levels at the school. Each such policy shall contain a statement of the 28 consequences of bullying. 29 4. Each school district's and charter school's antibullying policy shall be included in 30 the student handbook and shall require, at a minimum, the following components: 31 (1) A statement prohibiting bullying, defined no less inclusively than in subsection 2 32 of this section; 33 (2) A statement requiring school district or charter school employees to report any 34 instance of bullying of which the employee has firsthand knowledge. The policy shall require 35 a school district or charter school employee who witnesses an incident of bullying to report 36 the incident to the school district's or charter school's designated individual at the school 37 within [two] one school [days] day of the employee witnessing the incident; 38 (3) A statement relating to victims of bullying that the school district or charter 39 school prohibits, does not have, and will not adopt, in name or in practice, a zero- 40 tolerance disciplinary policy; 41 (4) A statement relating to pupils who engage in self-defense that the school 42 district or charter school administration, when determining disciplinary action for a 43 pupil who has committed an act of school violence or exhibited violent behavior, will 44 take into account if such act of school violence or violent behavior was committed in self- 45 defense as an immediate response to an act of school violence or violent behavior 46 committed against such pupil; 47 (5) A procedure for reporting an act of bullying. The policy shall also include a 48 statement requiring that the school district or charter school designate an individual at each 49 school building in the district and charter school to receive reports of incidents of bullying. 50 Such individual shall be a school district or charter school employee who is teacher level 51 staff or above; HB 2120 3
52 [(4)] (6) A procedure for prompt investigation of reports of violations and complaints, 53 identifying one or more employees responsible for the investigation including, at a minimum, 54 the following requirements: 55 (a) Within two school days of a report of an incident of bullying being received, the 56 school principal, or his or her designee, shall initiate an investigation of the incident and 57 ensure that the report is reduced to writing; 58 (b) The school principal may appoint other school staff to assist with the 59 investigation; [and] 60 (c) The investigation shall be completed within ten school days from the date [of the 61 written report] the investigation is initiated under paragraph (a) of this subdivision unless 62 good cause exists to extend the investigation; and 63 (d) A written report shall be prepared that contains the results of the 64 investigation and any response including, but not limited to, a description of any 65 interventions, initiatives, techniques, or discipline provided to all involved individuals of 66 the incident. The school district or charter school may develop a standardized form to 67 use for such written report; 68 [(5)] (7) A procedure for the response to any investigation that finds an act of 69 bullying occurred. The policy shall, at a minimum, require notifying the parents of the 70 bullying student and, if such bullying meets the elements of harassment in the second 71 degree under section 565.091, referral to law enforcement agencies or to the children's 72 division rather than law enforcement if the bullying student is under eleven years of age; 73 (8) A statement that prohibits reprisal or retaliation against any person who reports an 74 act of bullying and the consequence and appropriate remedial action for a person who 75 engages in reprisal or retaliation; 76 [(6)] (9) A statement of how the policy is to be publicized; and 77 [(7)] (10) A process for discussing the district's antibullying policy with students and 78 training school employees and volunteers who have [significant] contact with students in the 79 requirements of the policy, including, at a minimum, the following statements: 80 (a) The school district or charter school shall provide information and appropriate 81 training to the school district or charter school staff who have [significant] contact with 82 students regarding the policy including, but not limited to, training on the appropriate 83 interventions staff may take and the associated liability for action or inaction including, 84 but not limited to, failure to report incidents; 85 (b) The school district or charter school shall give annual notice of the policy to 86 students, parents or guardians, and staff; 87 (c) The school district or charter school shall provide education and information to 88 students regarding bullying, including information regarding the school district or charter HB 2120 4
89 school policy prohibiting bullying, the harmful effects of bullying, and other applicable 90 initiatives to address bullying, including student peer-to-peer initiatives to provide 91 accountability and policy enforcement for those found to have engaged in bullying, 92 reprisal, or retaliation against any person who reports an act of bullying; 93 (d) The administration of the school district or charter school shall instruct its school 94 counselors, school social workers, licensed social workers, mental health professionals, and 95 school psychologists to educate students who are victims of bullying and students 96 committing acts of bullying on techniques for students to overcome bullying's negative 97 effects. Such techniques shall include, but not be limited to, cultivating the student's self- 98 worth and self-esteem; teaching the student to defend himself or herself assertively and 99 effectively; helping the student develop social skills; or encouraging the student to develop an 100 internal locus of control. The provisions of this paragraph shall not be construed to contradict 101 or limit any other provision of this section; and 102 (e) The administration of the school district or charter school shall implement 103 programs and other initiatives to address bullying, to respond to such conduct in a manner 104 that does not stigmatize the victim, and to make resources or referrals available to victims of 105 bullying and students committing acts of bullying. 106 5. Notwithstanding any other provision of law to the contrary, any school district or 107 charter school shall have jurisdiction to prohibit cyberbullying that originates on a school's 108 campus or at a district activity if the electronic communication was made using the school's 109 technological resources, if there is a sufficient nexus to the educational environment, or if the 110 electronic communication was made on the school's campus or at a school district or charter 111 school activity using the student's own personal technological resources. The school district 112 or charter school may discipline any student for such cyberbullying to the greatest extent 113 allowed by law. 114 6. Each school district and charter school shall review its antibullying policy and 115 revise it as needed. The school district's school board or charter school's governing board 116 shall receive input from school personnel, students, and administrators when reviewing and 117 revising the policy. 118 7. (1) The administration of each school district and charter school shall report 119 to the school board or governing board all acts of bullying, acts of school violence or 120 violent behavior, and crimes that occurred in between board meetings and the discipline 121 of any pupil who committed such acts. Such report shall be submitted monthly and 122 shall be formatted to clearly describe each such incident. 123 (2) The school board or governing board shall review such monthly report in a 124 closed meeting under chapter 610. Discrepancies in such report shall be resolved within 125 thirty days of the review and the board, in conjunction with the school administration, HB 2120 5
126 shall attempt to address and resolve substantiated concerns relating to incidents listed 127 on such report, as concerns are expressed during such monthly review by school 128 administration or school board or governing board members. 129 8. (1) A school district or charter school employee or volunteer may, in the 130 course of fulfilling duties or performing services for such school district or charter 131 school, intervene in an incident involving an act of bullying, act of school violence or 132 violent behavior, or crime committed against a pupil to protect such pupil. 133 (2) Such school district or charter school employee or volunteer shall be held 134 harmless and immune from any liability for actions described in subdivision (1) of this 135 subsection if: 136 (a) In the course of intervening in such incident, such employee or volunteer 137 follows a proper procedure for such interventions adopted by the school board of such 138 school district or the charter school's governing board; or 139 (b) Such employee or volunteer intervenes in good faith and in a manner that 140 such employee or volunteer reasonably believes is afforded the defense of justification 141 under chapter 563. 142 9. (1) A school district or charter school, or an employee of such district or 143 charter school, that in good faith imposes disciplinary action under this section upon a 144 bullying student shall not be civilly liable for such disciplinary action. 145 (2) If a school district or charter school, or an employee of such district or 146 charter school, prevails in an action brought against such school district, charter school, 147 or employee described in subdivision (1) of this subsection, the court shall award court 148 costs and attorney's fees to such prevailing school district, charter school, or employee. 149 10. (1) This section shall not be construed to provide immunity from liability for 150 a school district's or charter school's denial, or the denial by an employee of such 151 district or charter school, of any constitutionally protected right of a student. 152 (2) Subdivision (1) of this subsection shall not be construed to limit any 153 immunities or defenses available under state or federal law to a school district, a charter 154 school, or employees or volunteers of such school district or charter school. 155 11. (1) For the purposes of reporting requirements under section 210.115, 156 incidents of bullying, acts of school violence or violent behavior, or crime may be 157 considered abuse. 158 (2) If two or more employees or volunteers who are required to report jointly 159 have knowledge of a known or suspected instance of child abuse, a single report may be 160 made by the school district's or charter school's designated member. Any individual 161 who has knowledge that the individual designated to report has failed to do so shall 162 thereafter immediately make the report. No provision of this section shall be construed HB 2120 6
163 to preclude any person from reporting such abuse and such person shall be afforded the 164 same protections provided under sections 210.135 and 210.145 for reports of abuse in 165 compliance with section 210.115. 166 12. No charter school shall expel or transfer a student to a school district solely 167 due to reports of bullying made against such student. ✔
Statutes affected: