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SECOND REGULAR SESSION
HOUSE BILL NO. 1698
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CHRISTENSEN.
4007H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 160.775, RSMo, is repealed and one new section enacted in lieu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 "Sawyer's Law" .
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
EXPLANA TION — 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.
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) "Zer o-tolerance disciplinary policy", a policy or practice of discipline that
20 r esults in an automatic disciplinary consequence such as suspension or expulsion for any
21 student who commits one or mor e listed offenses even if administrators have some
22 discr etion 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 dif ferences 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 school days of the ] immediately upon the employee witnessing the incident;
38 (3) A statement relat ing to victims of bullying that the school district or charter
39 school pr ohibits, does not have, and will not adopt, in name or in practice, a zero-
40 tolerance disciplinary policy ;
41 (4) A statement relat ing 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 res ponse 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 staf f or above;
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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) W ithin 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 ensur e that the repo rt is redu ced 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 pr epared that contains the res ults of the
64 investigation and any res ponse including, but not limited to, a description of any
65 interventions, initiatives, techniques, or discipline pr ovided 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 rep ort;
68 [ (5) ] (7) A pr ocedur e for the res ponse to any investigation that finds an act of
69 bullying occurre d. The policy shall, at a minimum, requi re notification of the par ents or
70 guardians of the bullied student and of the bullying student and, if such bullying meets
71 the elements of harassment in the second degr ee under section 565.091, re ferral to law
72 enfor cement agencies or to the children's division rather than law enforcem ent if the
73 bullying student is under eleven years of age;
74 (8) A statement that prohibits reprisal or retaliation against any person who reports an
75 act of bullying and the consequence and appropriate remedial action for a person who
76 engages in reprisal or retaliation;
77 [ (6) ] (9) A statement of how the policy is to be publicized; and
78 [ (7) ] (10) A process for discussing the district's antibullying policy with students and
79 training school employees and volunteers who have [ significant ] contact with students in the
80 requirements of the policy , including, at a minimum, the following statements:
81 (a) The school district or charter school shall provide information and appropriate
82 training to the school district or charter school staf f who have [ significant ] contact with
83 students regarding the policy including, but not limited to, training on the appr opriate
84 interventions staff may take and the associated liability for action or inaction including,
85 but not limited to, failur e to r eport incidents ;
86 (b) The school district or charter school shall give annual notice of the policy to
87 students, parents or guardians, and staf f;
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88 (c) The school district or charter school shall provide education and information to
89 students regarding bullying, including information regarding the school district or charter
90 school policy prohibiting bullying, the harmful ef fects of bullying, and other applicable
91 initiatives to address bullying, including student peer-to-peer initiatives to provide
9 2 accountability and policy enforcement for those found to have engaged in bullying,
93 reprisal, or retaliation against any person who reports an act of bullying;
94 (d) The administration of the school district or charter school shall instruct its school
95 counselors, school social workers, licensed social workers, mental health professionals, and
96 school psychologists to educate students who are victims of bullying and students
97 committing acts of bullying on techniques for students to overcome bullying's negative
98 ef fects. Such techniques shall include, but not be limited to, cultivating the student's self-
99 worth and self-esteem; teaching the student to defend himself or herself assertively and
100 ef fectively; helping the student develop social skills; or encouraging the student to develop an
101 internal locus of control. The provisions of this paragraph shall not be construed to contradict
102 or limit any other provision of this section; and
103 (e) The administration of the school district or charter school shall implement
104 programs and other initiatives to address bullying, to respond to such conduct in a manner
105 that does not stigmatize the victim, and to make resources or referrals available to victims of
106 bullying and students committing acts of bullying .
107 5. Notwithstanding any other provision of law to the contrary , any school district or
108 charter school shall have jurisdiction to prohibit cyberbullying that originates on a school's
109 campus or at a district activity if the electronic communication was made using the school's
110 technological resources, if there is a suff icient nexus to the educational environment, or if the
111 electronic communication was made on the school's campus or at a school district or charter
112 school activity using the student's own personal technological resources. The school district
113 or charter school may discipline any student for such cyberbullying to the greatest extent
114 allowed by law .
115 6. Each school district and charter school shall review its antibullying policy and
116 revise it as needed. The school district's school board or charter school's governing board
117 shall receive input from school personnel, students, and administrators when reviewing and
118 revising the policy .
119 7. (1) The administration of each school district and charter school shall report
120 to the school board or governing board all acts of bullying, acts of school violence or
121 violent behavior , and crimes that occurr ed in between board meetings and the discipline
122 of any pupil who committed such acts. Such r eport shall be submitted monthly and
123 shall be formatted to clearly describe each such incident.
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124 (2) The school board or governing board shall review such monthly rep ort in a
125 closed meeting under chapter 610. Discrep ancies in such rep ort shall be re solved within
126 thirty days of the revi ew and the board, in conjunction with the school administration,
127 shall attempt to addr ess and res olve substantiated concerns relat ing to incidents listed
128 on such r eport, as concerns ar e expr essed during such monthly rev iew by school
129 administration or school board or governing board members.
130 8. (1) A school district or charter school employee or volunteer may , in the
131 course of fulfilling duties or performing services for such school district or charter
132 school, intervene in an incident involving an act of bullying, act of school violence or
133 violent behavior , or crime committed against a pupil to pr otect such pupil.
134 (2) Such school district or charter school employee or volunteer shall be held
135 harmless and immune fr om any liability for actions described in subdivision (1) of this
136 subsection if:
137 (a) In the course of intervening in such incident, such employee or volunteer
138 follows a pr oper pro cedure for such interventions adopted by the school board of such
139 school district or the charter school's governing board; or
140 (b) Such employee or volunteer intervenes in good faith and in a manner that
141 such employee or volunteer r easonably believes is afforded the defense of justification
142 under chapter 563.
143 9. (1) A school district or charter school, or an employee of such district or
144 charter school, that in good faith imposes disciplinary action under this section upon a
145 bullying student shall not be civilly liable for such disciplinary action.
146 (2) If a school district or charter school, or an employee of such district or
147 charter school, preva ils in an action brou ght against such school district, charter school,
148 or employee described in subdivision (1) of this subsection, the court shall award court
149 costs and attorney's fees to such pr evailing school district, charter school, or employee.
150 10. (1) This section shall not be construed to pro vide immunity fr om liability for
151 a school district's or charter school's denial, or the denial by an employee of such
152 district or charter school, of any constitutionally pr otected right of a student.
153 (2) Subdivision (1) of this subsection shall not be construed to limit any
154 immunities or defenses available under state or federal law to a school district, a charter
155 school, or employees or volunteers of such school district or charter school.
156 1 1. (1) For the purposes of rep orting req uirements under section 210.1 15,
157 incidents of bullying, acts of school violence or violent behavior , or crime may be
158 consider ed abuse.
159 (2) If two or mor e employees or volunteers who ar e requ ired to r eport jointly
160 have knowledge of a known or suspected instance of child abuse, a single re port may be
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161 made by the school district's or charter school's designated member . Any individual
162 who has knowledge that the individual designated to r eport has failed to do so shall
163 ther eafter immediately make the rep ort. No provi sion of this section shall be construed
164 to precl ude any person fr om reporting such abuse and such person shall be afforded the
165 same pr otections pr ovided under sections 210.135 and 210.145 for reports of abuse in
166 compliance with section 210.1 15.
167 12. No charter school shall expel or transfer a student to a school district solely
168 due to repor ts of bullying made against such student.
✔
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