Straight Talk on Anti-Bullying Laws. Lisa J. Schmidt, Esq. Who am I Listening To? Lisa J. Schmidt,...
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Transcript of Straight Talk on Anti-Bullying Laws. Lisa J. Schmidt, Esq. Who am I Listening To? Lisa J. Schmidt,...
What's all the fuss about?
Lake Orion High School
3 Suicides in 11/2011
All results of bullying
Lake Orion High School
3 Suicides in 11/2011
All results of bullying
Jeffrey Hipple
Age 15, died 2011
Farmington Hills, MichiganJeffre
y Hipple
Age 15, died 2011
Farmington Hills, Michigan
Matt EplingMatt EplingAge 14, died 2002Age 14, died 2002
East Lansing, MichiganEast Lansing, MichiganVictim of HazingVictim of Hazing
Kimberly LinczeskiKimberly LinczeskiAge 12, died 3/3/11Age 12, died 3/3/11Ontonagon, MichiganOntonagon, Michigan
The Nation Responds
Pres. Barrack ObamaWhite House Anti-Bullying Summit
3/10/2011
48 states have passed Anti-Bullying legislation
(Michigan was #48)
48 states have passed Anti-Bullying legislation
(Michigan was #48)
Identical Bills Proposed in House & SenateIdentical Bills Proposed in House & Senate
House Committees
House Committees
Senate Committees
Senate Committees
Amendments are made Amendments are made
Committee of the Whole
House
Committee of the Whole
House
Committee of the Whole
Senate
Committee of the Whole
Senate
Amended Bill Passed by House
Amended Bill Passed by House
Amended Bill Passed by Senate
Amended Bill Passed by Senate
Amendments are made Amendments are made
2 Amended Bills are
Reconciled
2 Amended Bills are
Reconciled
Reconciled Bill Sent to Governor for SignatureReconciled Bill Sent to Governor for Signature
Matt's Safe School Law(As Proposed)
Schools to create Anti-Bullying policies within 6 Schools to create Anti-Bullying policies within 6 monthsmonths
Policies must prevent bulling “At School”Policies must prevent bulling “At School” In the classroom, on premises, in school buses, In the classroom, on premises, in school buses,
and at school-sponsored activitiesand at school-sponsored activities Through electronic communications created or Through electronic communications created or
accessed using school-owned equipmentaccessed using school-owned equipment ““Bullying or Harassment” is abuse of a pupil that: Bullying or Harassment” is abuse of a pupil that:
Substantially interferes with educationSubstantially interferes with education Prevents pupil from participating out of fear of Prevents pupil from participating out of fear of
harm or emotional distressharm or emotional distress Motivated by actual/perceived characteristicMotivated by actual/perceived characteristic
Changes in the House
Schools can use pre-existing policies
Protected Characteristics: age, sex, race, etc.
Eliminate motivation requirement
Prompt Investigation
Schools must report incidents to School Board
Parents of bully & victim receive notice
School Boards must report incidents to State
Recommend prevention training, education & initiatives
Include cyber-bullying outside of school
Zero Tolerance
Prohibit retaliation & false accusations
Changes in the Senate
Schools can use pre-existing policies
Prohibit retaliation & false accusations
Parents of bully & victim receive notice within 1 day
Mandatory reporting by teachers
Bully & victim to receive counseling
Exception for actions based Exception for actions based on “sincerely held religious on “sincerely held religious belief or moral convictionbelief or moral conviction””
Limited to actions by pupils
Prompt investigations
Protected Characteristics: age, sex, race, etc.
School Boards must report incidents to State
Include cyber-bullying outside of school
Zero Tolerance
Matt's Safe School Law(As signed by Gov. Snyder 12/6/11)
Schools must adopt policy by 6/6/12
Schools may use pre-existing policies
Protects against bullying by pupils, teachers, parents, etc. “in schools”
Protects against cyber-bullying created or accessed in school or using school equipment
Protects against bullying regardless of motive
Schools must report incidents to school boards
Schools are encouraged to form task forces, train teachers & education students to prevent bullying
Matt's Safe School Law Does NOTNOT
Contain an exception for actions motivated by a “sincerely held religious belief or moral conviction”
Limit enforcement to behavior of pupils Contain a list of protected characteristics Require reports of incidents to State Require counseling for bullies & victims Require “Zero Tolerance” punishments Apply to cyber-bullying outside of school
Local Effect
Human Dignity Policy Human Dignity Policy already in placealready in place
Anti-Hazing Policy Anti-Hazing Policy already in placealready in place
Policies may already Policies may already comply with Matt's Lawcomply with Matt's Law
School Board will have School Board will have to decide if changes are to decide if changes are neededneeded
Watch for announcement Watch for announcement of policy hearingof policy hearing
Detroit Anti-Bullying Ordinance
AppliesApplies everywhere within city limitseverywhere within city limits Imposes fines for bullying & cyber-bullying Imposes fines for bullying & cyber-bullying
against minorsagainst minors Requires amusement/entertainment facilities to Requires amusement/entertainment facilities to
prevent bullying on premisesprevent bullying on premises Imposes fines on parents who allow bullyingImposes fines on parents who allow bullying