BILL REQ. #:  H-2166.1 

READ FIRST TIME 02/20/09.   

     AN ACT Relating to enhancing antiharassment strategies in public schools; amending RCW 28A.300.285; adding a new section to chapter 43.06B RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures. The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools.

Sec. 2   RCW 28A.300.285 and 2007 c 407 s 1 are each amended to read as follows:
     (1) By August 1, ((2003)) 2010, each school district shall adopt or amend if necessary a policy((, within the scope of its authority,)) and procedure that at a minimum incorporates the revised model policy and procedure provided under subsection (4) of this section 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 in accordance with rules adopted by the superintendent of public instruction.
     (2) "Harassment, intimidation, or bullying" means any intentional electronic, 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 electronic, 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 and procedure 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)) 2009, the superintendent of public instruction, in consultation with representatives of parents, school personnel, the office of the education ombudsman, and other interested parties, shall provide to the education committees of the legislature a revised and updated model harassment, intimidation, and bullying prevention policy and procedure. If the legislature takes no action during the 2010 legislative session regarding the policy and procedure, the superintendent of public instruction shall provide to school districts and educational service districts ((a)) the revised and updated model harassment, intimidation, and bullying prevention policy and procedure, along with training materials on the components that should be included in any district policy and procedure. The superintendent shall adopt rules regarding school districts' communication of the policy and procedure to parents, students, employees, and volunteers. 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 and procedure, 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.
     (5) The Washington state school directors association, with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means by a student while on school grounds and during the school day. The policy shall include a requirement that materials meant to educate parents and students about the seriousness of cyberbullying be disseminated to parents or made available on the school district's web site. The school directors association and the advisory committee shall develop sample materials for school districts to disseminate, which shall also include information on responsible and safe internet use as well as what options are available if a student is being bullied via electronic means, including but not limited to, reporting threats to local police and when to involve school officials, the internet service provider, or phone service provider. The school directors association shall submit the model policy and sample materials, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy and sample materials on its web site by January 1, 2008. Each school district board of directors shall establish its own policy by August 1, 2008.
     (6) As used in this section, "electronic" or "electronic means" means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.06B RCW to read as follows:
     (1) In addition to duties assigned under RCW 43.06B.020, the office of the education ombudsman shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies.
     (2) The office of the education ombudsman and the office of the superintendent of public instruction shall convene an ongoing antiharassment work group to develop, recommend, and implement strategies to improve school climate and create respectful learning environments in all public schools in Washington. The work group must include one member each of the house of representatives and the senate and representatives from the state board of education, school directors, school administrators, principals, teachers, classified school staff, youth, community organizations, and parents. The work group shall submit a biennial progress and status report to the governor and the education committees of the legislature, beginning December 1, 2010.