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2004 Vermont ACT 117 |
TO THE HOUSE OF REPRESENTATIVES
The Committee on Education, to which was referred House Bill H.629, entitled “AN ACT RELATING TO BULLYING PREVENTION POLICIES”
respectfully report that they have met and considered the same and recommend that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 16 V.S.A. § 11(a)(32) is added to read:
(32) “Bullying” means any overt act or combination
of acts directed against a student by another student or group of students and
which:
(A) is repeated over time;
(B) is intended to ridicule, humiliate, or
intimidate the student; and
(C) occurs during the school day on school
property, on a school bus, or at a school-sponsored activity, or before or
after the school day on a school bus or at a school-sponsored activity.
Sec. 2. 16 V.S.A. § 1161a(a)(6) is amended to read:
(a)
Each public and each approved independent school shall adopt and
implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall
promote the positive development of youth.
The plan shall include:
* * *
(6)
a description of behaviors on and off school grounds which constitute
misconduct, including harassment, bullying, and hazing, particularly
those behaviors which may be grounds for expulsion. The plan shall include a description of
misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this
title which, although serious, does not rise to the level of harassment or
bullying as that term is those terms are defined therein; and
* * *
Sec. 3. UPDATE OF MODEL SCHOOL PLAN ON STUDENT DISCIPLINE
TO INCLUDE BULLYING PREVENTION; COMMISSIONER OF
EDUCATION; REPORT
(a) By January
1, 2005, the commissioner of education shall update and distribute to all
superintendents, school boards, and principals a model school plan on student
discipline, as required by Sec. 15(a) of No. 113 of the Acts of the 1999 Adj.
Sess. (2000), for use in addressing bullying in schools. The model plan shall:
(1) state that
bullying, as defined in subdivision 11(a)(32) of Title 16, is a form of
dangerous and disrespectful behavior that will not be permitted or tolerated;
(2) enable
students to report anonymously to teachers and school administrators acts of
bullying;
(3) enable
parents or guardians of students to file written reports of suspected bullying;
(4) require
teachers and other school staff who witness acts of bullying or receive student
reports of bullying to notify school administrators;
(5) require
school administrators to investigate any written reports filed and to review
any anonymous reports;
(6) include an
intervention strategy for school staff to deal with bullying;
(7) include the
prohibition against bullying in the student or school handbook and otherwise
make students aware of the prohibition against bullying, the penalties
therefor, and the procedures for reporting bullying;
(8) require the
school to notify the parent or guardian of a student who
commits
a verified act of bullying of the response of the school staff and consequences
that may result from further acts of bullying; and
(9) to the
extent permitted under the Family Educational Rights and
Privacy
Act of 1974 (P.L. 93-380) and as amended, require the school to notify the
parent or guardian of a student who is a victim of bullying of the action taken
to prevent any further acts of bullying; and
(10) require the
school to collect data on the number of reported incidents of bullying and the
number of incidents that have been verified and to make such data available to
the commissioner and to the public.
(b) On or before