Harassment, intimidation or bullying prohibition

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0492

HOUSE BILL
NO.
HB0192

Harassment, intimidation or bullying prohibition.

Sponsored by:
Representative(s) Watt, Hinckley, Iekel, Robinson and Warren

A BILL

for

AN ACT relating to schools; requiring that school districts establish policies prohibiting certain behaviors; providing definitions; providing for immunity under certain circumstances; providing for policy training and education; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21
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601 through 21
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605 are created to read:

ARTICLE 6
HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION

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601.

Definitions.

(a)

As used in this article:

(i)

"Harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat that:

(A)

A reasonable person under the circumstances should know will have the effect of:

(I)

Harming a student;

(II)

Damaging a student's property;

(III)

Placing a student in reasonable fear of harm to his or her person; or

(IV)

Placing a student in reasonable fear of damage to his or her property.

(B)

Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

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602.

Policy prohibiting harassment, intimidation or bullying.

(a)

Each school district shall establish a policy prohibiting harassment, intimidation or bullying. Each school district board has control over the content of its policy as long as the policy contains, at a minimum, the requirements of subsection (b) of this section. The policy shall be adopted through a process that includes representation of parents or guardians, school employees, school volunteers, students and community members.

(b)

Each school district policy shall, at a minimum, include the following components:

(i)

A statement prohibiting harassment, intimidation or bullying of any student on school property or at school sponsored events;

(ii)

A definition of harassment, intimidation or bullying no less inclusive than provided by W.S. 21
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601(a)(i);

(iii)

A procedure for reporting prohibited incidents;

(iv)

A requirement that school personnel report prohibited incidents of which they are aware;

(v)

A requirement that parents or guardians of any student involved in an incident prohibited pursuant to this article be notified;

(vi)

A procedure for documenting any prohibited incident that is reported;

(vii)

A procedure for responding to and investigating any reported incident;

(viii)

A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;

(ix)

A disciplinary procedure for any student guilty of harassment, intimidation or bullying; and

(x)

A requirement that any information relating to a reported incident is confidential and exempt from disclosure.

(c)

Each school district shall adopt the policy and submit a copy to the state superintendent of public instruction by the first day of December, 2005.

(d)

To assist school districts in developing their policies, the Wyoming Department of Education shall develop a model policy applicable to grades kindergarten through twelfth. The model policy shall be issued by the first day of September, 2005.

(e)

Notice of the school district's policy shall appear in any student handbook, and in any school district publication that sets forth the comprehensive rules, procedures and standards of conduct for the school.

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603.

Immunity.

(a)

A school employee, student or volunteer is individually immune from a cause of action for damages arising from reporting the incident, if that person:

(i)

In good faith promptly reports an incident of harassment, intimidation or bullying;

(ii)

Makes the report to the appropriate school official as designated by the policy; and

(iii)

Makes the report in compliance with the procedures as specified in the policy.

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604.

Policy training and education.

(a)

Schools and school districts are encouraged, but not required, to form bullying prevention task forces, programs and other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement and community members.

(b)

To the extent state or federal funds are appropriated for these purposes, each school district shall:

(i)

Provide training on the harassment, intimidation or bullying policy to school employees and volunteers who have direct contact with students; and

(ii)

Develop a process for educating students on the harassment, intimidation or bullying policy.

(c)

Information regarding the school district policy against harassment, intimidation or bullying shall be incorporated into each school's current employee training program.

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605.

Liability.

Nothing in this article prohibits a victim from seeking redress under any other provision of civil or criminal law.

Section 2.

Legislative findings.

(a)

The legislature finds that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The legislature finds that harassment, intimidation or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe, nonthreatening environment.

(b)

The legislature further finds that students learn by example. The legislature charges school administrators, faculty, staff and volunteers with demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation or bullying.

Section 3.

This act is effective July 1, 2005.

(END)

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HB0192