H-3767.2  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1444

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Murray, Ballasiotes, Mitchell, Quall, Dickerson, Haigh, McIntire, Linville, Simpson, Reardon, Kenney, Hunt, Fisher, Conway, Hurst, Tokuda, Fromhold, Poulsen, Santos, Romero, Rockefeller, Dunshee, Gombosky, Darneille, Edwards, Skinner, O'Brien, Lantz, Wood, Miloscia, Grant, Kessler, Kirby, Jackley, Kagi, Keiser, Sommers, Ogden, Cody, Edmonds, Morris, Lovick, McDermott, Woods, Jarrett, Mastin, Cooper, Schual‑Berke and Ruderman; by request of Governor Locke, Attorney General and Superintendent of Public Instruction)

Read first time 01/31/2002.  Referred to Committee on .

Requiring school districts to adopt policies prohibiting harassment, intimidation, and bullying.

    AN ACT Relating to preventing harassment, intimidation, or bullying in schools; 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 those that are reasonably perceived as being motivated either by any actual or perceived 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.

    (3) It is recommended that the policy 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.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 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.

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