SENATE BILL NO. 193

March 02, 2021, Introduced by Senators HERTEL, POLEHANKI, GEISS, CHANG, BULLOCK, ALEXANDER and MCCANN and referred to the Committee on Education and Career Readiness.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1310b (MCL 380.1310b), as amended by 2016 PA 362.

the people of the state of michigan enact:

Sec. 1310b. (1) The board of a school district or intermediate school district or the board of directors of a public school academy shall adopt and implement a policy prohibiting bullying at school, as defined in this section. The board or board of directors shall update the policy at least annually.

(2) Subject to subsection (3), before adopting the policy required under subsection (1), or any modification updates to the policy, including any annual updates made under subsection (1), or any modifications to the policy, or before adopting any modifications made to an existing policy under subsection (3), the board or board of directors shall hold at least 1 public hearing on the proposed policy, or modification. updates to the policy, or modifications to the policy. This public hearing may be held as part of a regular board meeting. The board or board of directors shall provide notice of the public hearing to pupils and the parents or legal guardians of pupils using social media and at least 1 other communication method regularly used by the board or board of directors. Subject to subsection (3), not later than 30 days after adopting, updating, or modifying the policy under subsection (1) or modifying an existing policy under subsection (3), the board or board of directors shall submit a copy of its policy to the department.

(3) If, as of March 31, 2015, 2023, a school district, intermediate school district, or public school academy has already adopted and implemented an existing policy prohibiting bullying at school and that policy is in compliance with subsections (1) and (5), the board of the school district or intermediate school district or the board of directors of the public school academy is not required to adopt and implement a modified policy under subsection (1). However, this subsection applies to a school district, intermediate school district, or public school academy described in this subsection only if the board or board of directors submits a copy of its existing policy to the department not later than May 31, 2015.2023. If the board of a school district or intermediate school district or the board of directors of a public school academy modifies an existing policy described in this subsection, the board or board of directors shall comply with subsection (2) with regard to the modified policy.

(4) Not later than 1 year after the deadline under subsection (2) for districts and public school academies to submit copies of their modified policies to the department, At least annually, the department shall submit a report to the senate and house standing committees on education summarizing the status of the implementation of the modifications to policies required under 2014 PA 478.this section and summarizing each school district's, intermediate school district's, or public school academy's school safety climate. The report submitted under this subsection must be made available as a public record.

(5) A policy adopted pursuant to under subsection (1) shall must include at least all of the following:

(a) A statement prohibiting bullying of a pupil. Not later than October 1, 2015, this This statement shall must be modified as necessary to comply with 2014 PA 478 including, but not limited to, the inclusion of cyberbullying as a form of bullying.

(b) A statement prohibiting retaliation or false accusation against a target of bullying, a witness, or another person with reliable information about an act of bullying.

(c) A provision indicating that all pupils are protected under the policy and that bullying is equally prohibited without regard to its subject matter or motivating animus.

(d) The identification by job title of school officials responsible for ensuring that the policy is implemented at both the district and school levels.

(e) A statement describing how the policy is to be publicized, including a description of the means of publication.

(f) A procedure for providing prompt notification to the parent or legal guardian of a victim of bullying and the parent or legal guardian of a perpetrator of the bullying within 24 hours of an incident of bullying.

(g) A procedure for reporting a pupil, teacher, or parent or legal guardian to report