[atlas:bill]

AN ACT Relating to preventing harassment, intimidation, or bullying in schools; adding new sections to chapter 28A.635 RCW; and creating a new section.

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. As used in sections 3 through 5 of this act, "harassment, intimidation, or bullying" means any gesture or written, verbal, or physical act taking place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop that (1) a reasonable person under the circumstances should know will have the effect of harming a student or damaging his or her property, or placing a student in reasonable fear of harm to his or her person or damage to his or her property, or (2) has the effect of insulting or demeaning any student or group of students in such a way as to disrupt or interfere with the school's educational mission or the education of any student. "Harassment, intimidation, or bullying" includes but is not limited to any such gesture or written, verbal, or physical act that is reasonably perceived as being motivated either by any actual or perceived characteristic in RCW 9A.36.080(3) or by any other distinguishing characteristic.

NEW SECTION. Sec. 3. (1) Each school district shall adopt a policy prohibiting harassment, intimidation, or bullying on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop. Each school district shall have local control over the content of the policy as long as the policy contains, at a minimum, the components in subsection (2) of this section. It is recommended that the policy be adopted through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.

(2) Each school district's policy shall, at a minimum, include each of the following components:

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

(b) A definition of harassment, intimidation, or bullying no less inclusive than that in section 2 of this act;

(d) Consequences and appropriate remedial action for a person who commits an act of harassment, intimidation, or bullying;

(e) A procedure for reporting an act of harassment, intimidation, or bullying, including a provision that permits a person to report an act of harassment, intimidation, or bullying anonymously; however, this subsection (2)(e) shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report;

(f) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for such investigation;

(g) The range of ways in which a school will respond once an incident of harassment, intimidation, or bullying is identified;

(h) A statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation, or bullying, and the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation;

(i) Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation, or bullying; and

(j) A statement of how the policy is to be publicized including notice that the policy applies to participation in school-sponsored activities.

(3) Each school district shall adopt such a policy and transmit a copy of its policy to the office of the superintendent of public instruction by September 1, 2002.

(4) To assist school districts in developing policies for the prevention of harassment, intimidation, or bullying, the office of the superintendent of public instruction shall develop a model policy applicable to grades K-12. This model policy shall be issued no later than December 1, 2001.

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

NEW SECTION. Sec. 4. (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 the appropriate school official designated by the school district's policy.

(3) A school employee who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school district's policy, 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.

NEW SECTION. Sec. 5. (1) Schools and school districts are encouraged to form bullying prevention task forces, programs, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members.

(2) To the extent funds are appropriated for these purposes, each school district shall (a) provide training on the school district's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students, and (b) develop a process for discussing the district's harassment, intimidation, or bullying policy with students.

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

NEW SECTION. Sec. 6. Sections 2 through 5 of this act shall not be interpreted to prevent a victim from seeking redress under any other available law either civil or criminal. Sections 2 through 6 of this act do not create or alter any tort liability.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act are each added to chapter 28A.635 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.