BILL ID: HB 482 (2006)

00 Enrolled HB 482
01 Relating to harassment, intimidation, and bullying in schools.
02                           _______________
03    * Section 1. AS 14.33 is amended by adding new sections to read:
04                Article 4. Harassment, Intimidation, and Bullying.
05            Sec. 14.33.200. Harassment, intimidation, and bullying policy. (a) By
06       July 1, 2007, each school district shall adopt a policy that prohibits the harassment,
07       intimidation, or bullying of any student. Each school district shall share this policy
08       with parents or guardians, students, volunteers, and school employees.
09            (b)  The policy must be adopted through the standard policy-making procedure
10       for each district that includes the opportunity for participation by parents or guardians,
11       school employees, volunteers, students, administrators, and community
12       representatives. The policy must emphasize positive character traits and values,
13       including the importance of civil and respectful speech and conduct, and the
14       responsibility of students to comply with the district's policy prohibiting harassment,
15       intimidation, or bullying. The policy must also include provisions for an appropriate
01       punishment schedule up to and including expulsion and reporting of criminal activity
02       to local law enforcement authorities. School employees, volunteers, students, and
03       administrators shall adhere to this policy.
04            (c)  By January 1, 2007, the department, in consultation with representatives of
05       parents or guardians, school personnel, and other interested parties, may provide to
06       school districts a model harassment, intimidation, and bullying prevention policy and
07       training materials on the components that should be included in a district policy.
08       Training materials may be disseminated in a variety of ways, including workshops and
09       other staff developmental activities, and through the Internet website of the
10       department. Materials included on the Internet website must include the model policy
11       and recommended training and instructional materials. The department may provide a
12       link to the school district's Internet website for further information.
13            Sec. 14.33.210. Reporting of incidents of harassment, intimidation, or
14       bullying. Beginning with the 2007 - 2008 school year, each school district shall report
15       to the department by November 30 all incidents resulting in suspension or expulsion
16       for harassment, intimidation, or bullying on school premises or on transportation
17       systems used by schools in the school year preceding the report. The department shall
18       compile the data and report it to the appropriate committees of the Alaska House of
19       Representatives and the Senate.
20            Sec. 14.33.220. Reporting; no reprisals. (a) A school employee, student, or
21       volunteer may not engage in reprisal, retaliation, or false accusation against a victim,
22       witness, or person with reliable information about an act of harassment, intimidation,
23       or bullying.
24            (b)  A school employee, student, or volunteer who has witnessed, or has
25       reliable information that a student has been subjected to, harassment, intimidation, or
26       bullying, whether verbal or physical, shall report the incident to an appropriate school
27       official.
28            (c)  This section does not prohibit discipline or other adverse action taken in
29       compliance with school district policies against a person who falsely and in bad faith
30       accuses a person of engaging in harassment, intimidation, or bullying or who
31       intentionally provides false information in connection with an investigation of an
01       alleged incident of harassment, intimidation, or bullying.
02            Sec. 14.33.230. Immunity from suit. A school employee, student, or
03       volunteer who reports an incident of harassment, intimidation, or bullying to a school
04       official and who makes this report in good faith is immune from a cause of action for
05       damages arising from a failure to remedy the reported incident or for making the
06       report.
07            Sec. 14.33.250. Definitions. In AS 14.33.200 - 14.33.250,
08                 (1)  "district" has the meaning given in AS 14.17.990;
09                 (2)  "harassment, intimidation, or bullying" means an intentional
10       written, oral, or physical act, when the act is undertaken with the intent of threatening,
11       intimidating, harassing, or frightening the student, and
12                      (A)  physically harms the student or damages the student's
13            property;
14                      (B)  has the effect of substantially interfering with the student's
15            education;
16                      (C)  is so severe, persistent, or pervasive that it creates an
17            intimidating or threatening educational environment; or
18                      (D)  has the effect of substantially disrupting the orderly
19            operation of the school;
20                 (3)  "school official" means an employee of a school, including a
21       teacher, administrator, or noncertificated support staff or paraprofessional.