AN ACT Relating to
preventing harassment, intimidation, or bullying in schools; adding a new
section to chapter 28A.320 RCW; adding a new section to chapter 28A.600 RCW;
and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature declares
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 environment.
Furthermore, the
legislature finds that students learn by example. The legislature commends
school administrators, faculty, staff, and volunteers for demonstrating
appropriate behavior, treating others with civility and respect, and refusing
to tolerate harassment, intimidation, or bullying.
NEW SECTION. Sec.
2. (1) By August 1, 2003,
each school district shall adopt or amend if necessary a policy, within the
scope of its authority, that prohibits the harassment, intimidation, or
bullying of any student. It is the responsibility of each school district to
share this policy with parents or guardians, students, volunteers, and school
employees.
(2) "Harassment,
intimidation, or bullying" means any intentional written, verbal, or
physical act, including but not limited to one shown to be motivated by any
characteristic in RCW 9A.36.080(3), or other distinguishing characteristics,
when the intentional written, verbal, or physical act:
(a) Physically harms a
student or damages the student's property; or
(b) Has the effect of
substantially interfering with a student's education; or
(c) Is so severe, persistent,
or pervasive that it creates an intimidating or threatening educational
environment; or
(d) Has the effect of
substantially disrupting the orderly operation of the school.
Nothing in this section
requires the affected student to actually possess a characteristic that is a
basis for the harassment, intimidation, or bullying.
(3) The policy should
be adopted or amended through a process that includes representation of parents
or guardians, school employees, volunteers, students, administrators, and community
representatives. It is recommended that each such policy emphasize positive
character traits and values, including the importance of civil and respectful
speech and conduct, and the responsibility of students to comply with the
district's policy prohibiting harassment, intimidation, or bullying.
(4) By August 1, 2002,
the superintendent of public instruction, in consultation with representatives
of parents, school personnel, and other interested parties, shall provide to
school districts and educational service districts a model harassment,
intimidation, and bullying prevention policy and training materials on the
components that should be included in any district policy. Training materials
shall be disseminated in a variety of ways, including workshops and other staff
developmental activities, and through the office of the superintendent of
public instruction's web site, with a link to the safety center web page. On
the web site:
(a) The office of the
superintendent of public instruction shall post its model policy, recommended
training materials, and instructional materials;
(b) The office of the
superintendent of public instruction has the authority to update with new
technologies access to this information in the safety center, to the extent
resources are made available; and
(c) Individual school
districts shall have direct access to the safety center web site to post a
brief summary of their policies, programs, partnerships, vendors, and
instructional and training materials, and to provide a link to the school
district's web site for further information.
NEW SECTION. Sec.
3. A new section is added
to chapter 28A.320 RCW to read as follows:
Beginning with the
2002-03 school year, each school district shall report to the superintendent of
public instruction by January 31st of each year all incidents resulting in
disciplinary action involving harassment, intimidation, or bullying on school
premises or on transportation systems used by schools, in the year preceding
the report. The superintendent shall compile the data and report it to the
appropriate committees of the house of representatives and the senate.
NEW SECTION. Sec.
4. A new section is added
to chapter 28A.600 RCW to read as follows:
(1) No school employee,
student, or volunteer may engage in reprisal, retaliation, or false accusation
against a victim, witness, or one with reliable information about an act of
harassment, intimidation, or bullying.
(2) A school employee,
student, or volunteer who has witnessed, or has reliable information that a
student has been subjected to, harassment, intimidation, or bullying, whether
verbal or physical, is encouraged to report such incident to an appropriate
school official.
(3) A
school employee, student, or volunteer who promptly reports an incident of
harassment, intimidation, or bullying to an appropriate school official, and
who makes this report in compliance with the procedures in the district's
policy prohibiting bullying, harassment, or intimidation, is immune from a
cause of action for damages arising from any failure to remedy the reported
incident.
