Bullying prevention.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0223

ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
education; providing definitions; providing that harassment, intimidation or bullying is prohibited; requiring school districts to adopt policies as provided; imposing requirements on the department of education;
providing applicability;
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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4
‑
311 through 21
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4
‑
315 are created to read:

21
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4
‑
311.

Safe school climate act; short title.

This act shall be known and may be cited as the "
Safe School Climate Act
"
.

2
1
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4
‑
312.

Definitions.

(a
)

As used in this act:

(i)

"Harassment, intimidation or bullying" means
any
intentional
gesture,
any
intentional
electronic communication or a
ny
intentional
written, verbal
or
physical act
initiated, occurring or received at school
that
a
reasonable
person under
the
circumstances should know will have the effect of:

(A)

Harming a student physically or emotionally, damaging a student's property or placing a student in reasonable fear of pe
rsonal harm or property damage;

(B)

Insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school
; or

(C)

Creating
an
intimidating
, threatening or abusive educational environment for a student or group of students
through sufficiently severe, persistent or pervasive behavior
.

(
ii
)

"School" includes a classroom or other location on school
premises
, a school bus or other school-relate
d vehicle, a school bus stop, an
activity or event
sponsored by a school,
whether or not it is held on school
premises
,
and any other program or function where the school is responsible for the child
;

(iii)

"This act" means W.S. 21
‑
4
‑
311 through 21
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4
‑
315.

2
1
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4
‑
313.

Prohibition against harassment, intimidation or bullying; reporting to school officials.

(a)

No person shall engage in:

(i)

Harassment, intimidation or bullying; or

(ii)

Reprisal
or
retaliation against a victim, witness or person
who reports
information about an act of
harassment
, intimidation or bullying.

2
1
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4
‑
314.

School district implementation
; state policies, training and technical assistance
.

(a)

Not later than December 31, 2009, each school district shall adopt a policy prohibiting harassment, intimidation or bullying at school. The school district shall involve parents and guardians, school employees, volunteers, students, administrators and community representatives in the process of creating the p
olicy.
Policies created under this section shall be continuously reviewed and may be revised as necessary.

(b)

The policy prohibiting harassment, intimidation or bullying shall include, without limitation:

(i)

A statement prohibiting harassment, intimidation or bullying of a student;

(ii)

A definition of "harassment, intimidation or bullying" which includes at minimum the definition as provided in W.S. 21
‑
4
‑
312(a)(i);

(i
ii
)

Consequences and appropriate remedial actions for persons committing acts
of harassment, intimidation or bullying or engaging in reprisal or retaliation;

(
i
v)

Procedures for reporting
and documenting
acts of harassment, intimidation or bullying, including a provision for reporting anonymously. However, formal disciplinary action shall not be taken solely on the basis of an anonymous report. The procedures shall identify the appropriate school personnel responsible for receiving a report and investigating a complaint;

(v)

Procedures for prompt investigation of reports or complaints of serious violations;

(vi)

A statement that prohibits reprisal or retaliation against a person who reports or makes a complaint of harassment, intimidation or bullying;

(vii)

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

(
viii
)

Consequences and appropriate remedial action for a person who is found to have made a false accusation, report or complaint;

(
i
x
)

A process for discussing the district's harassment, intimidation or bullying policy with students; and

(x)

A statement of how the policy is to be publicized, including notice that the policy applies to participation in functions sponsored by the school.

(c)

To assist local school districts in developing a policy under subsection (b) of this section, the department of education shall
not later than September 1, 2009,
develop model policies
applicable
to
grades kindergarten through twelve (12)
and
teacher preparation program standards on the identification and prevention of bullying.
In addition, the department shall provide necessary training programs and technical assistance to districts in carrying out this act.

(d)

Each local school board shall
include
the policy adopted by a school district pursuant to this section in
a
publication of the comprehensive rules, procedures and standards of conduct for schools
of a school district
and in
each school's
student's handbook.

(e)

Information regarding the school district's policy against harassment, intimidation or bullying shall be incorporated into
each

district
's
professional development
program
s
and shall be provided to volunteers
and other noncertified employees of the district
who have
significant
contact with students.

(f)

S
chool districts may establish bullying
prevention
programs or other
initiatives
and may involve school staff, students, administrators, volunteers, parents, law enforcement and community members.

2
1
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4
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315.

Applicability
; no civil liability created; immunity.

This arti
c
l
e shall not be interpreted to prevent a victim from seeking redress pursuant to any other applicable civil or criminal law. This article does not create or alter
any civil cause of action for monetary damages against any person
or school district
nor shall it constitute grounds for any claim or motion raised by either the state or defendant in any proceedings
, except that the defense of immunity shall be retained and may be asserted in any action arising under this act
.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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