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.
*Sec. 3 was vetoed. See message at end of chapter.
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.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 3, Substitute House Bill No. 1444
entitled:
"AN
ACT Relating to preventing harassment, intimidation, or bullying in
schools;"
Substitute House Bill No.
1444 requires each school district to adopt a policy prohibiting harassment,
intimidation, or bullying of any student. Our schools should be safe places,
conducive to learning, where all students can learn without fear. I strongly
support this bill, which will help ensure that parents, teachers and students
take bullying seriously.
Section 3 of the bill
would have required each school district to report all incidents resulting in
disciplinary action involving harassment, intimidation, or bullying.
"Incident" and "disciplinary action" are not defined
terms. If every counseling session, intervention, detention or parent
conference that resulted from a bullying incident were required to be reported,
the burden would be overwhelming, and could serve as a disincentive for
educators to take action except in the most egregious cases.
For these reasons, I have
vetoed section 3 of Substitute House Bill No. 1444.
With
the exception of section 3, Substitute House Bill No. 1444 is approved."
