Be it enacted by the General Assembly of the State of Ohio:
Sec. 3301.22. The state board of education shall develop
a model policy to prohibit harassment, intimidation, or bullying in order
to assist school districts in developing their own policies under section
3313.666 of the Revised Code. The board shall issue the model policy within
six months after the effective date of this section.
Sec. 3313.666. (A) As used in this section, "harassment,
intimidation, or bullying" means any intentional written, verbal, or physical
act that a student has exhibited toward another particular student more
than once and the behavior both:
(1) Causes mental or physical harm to the other student;
(2) Is sufficiently severe, persistent, or pervasive that it creates
an intimidating, threatening, or abusive educational environment for the
other student.
(B) The board of education of each city, local, exempted village, and
joint vocational school district shall establish a policy prohibiting harassment,
intimidation, or bullying. The policy shall be developed in consultation
with parents, school employees, school volunteers, students, and community
members. The policy shall include the following:
(1) A statement prohibiting harassment, intimidation, or bullying of
any student on school property or at school-sponsored events;
(2) A definition of harassment, intimidation, or bullying that shall
include the definition in division (A) of this section;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited incidents
of which they are aware to the school principal or other administrator
designated by the principal;
(5) A requirement that parents or guardians of any student involved
in a prohibited incident be notified and, to the extent permitted by section
3319.321 of the Revised Code and the "Family Educational Rights and Privacy
Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as amended, have access to
any written reports pertaining to the prohibited incident;
(6) A procedure for documenting any prohibited incident that is reported;
(7) A procedure for responding to and investigating any reported incident;
(8) A strategy for protecting a victim from additional harassment, intimidation,
or bullying, and from retaliation following a report;
(9) A disciplinary procedure for any student guilty of harassment, intimidation,
or bullying, which shall not infringe on any student's rights under the
first amendment to the Constitution of the United States;
(10) A requirement that the district administration semiannually provide
the president of the district board a written summary of all reported incidents
and post the summary on its web site, if the district has a web site, to
the extent permitted by section 3319.321 of the Revised Code and the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q,
as amended.
(C) Each board's policy shall appear in any student handbooks, and in
any of the publications that set forth the comprehensive rules, procedures,
and standards of conduct for schools and students in the district. Information
regarding the policy shall be incorporated into employee training materials.
(D) A school district employee, student, or volunteer shall be individually
immune from liability in a civil action for damages arising from reporting
an incident in accordance with a policy adopted pursuant to this section
if that person reports an incident of harassment, intimidation, or bullying
promptly in good faith and in compliance with the procedures as specified
in the policy.
(E) Except as provided in division (D) of this section, nothing in this
section prohibits a victim from seeking redress under any other provision
of the Revised Code or common law that may apply.
(F) This section does not create a new cause of action or a substantive
legal right for any person.
Sec. 3313.667. (A) Any school district may form bullying prevention
task forces, programs, and other initiatives involving volunteers, parents,
law enforcement, and community members.
(B) To the extent that state or federal funds are appropriated for these
purposes, each school district shall:
(1) Provide training, workshops, or courses on the district's harassment,
intimidation, or bullying policy adopted pursuant to section 3313.666 of
the Revised Code to school employees and volunteers who have direct contact
with students. Time spent by school employees in the training, workshops,
or courses shall apply towards any state- or district-mandated continuing
education requirements.
(2) Develop a process for educating students about the policy.
(C) This section does not create a new cause of action or a substantive
legal right for any person.
Effective: In 90 days (March 28 2007)
