This is an old (May 1st) story, and I think there was a thread on the matter. Perhaps later tonight when the board is faster someone can run a search – I am loath to do one now.
But here’s your General Answer, Lib. The page wouldn’t link correctly because of the way the Legislature’s search page works (or because I didn’t understand how to do it. :))
Z-0562.3 _______________________________________________
HOUSE BILL 1444
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Murray, Ballasiotes, Mitchell, Quall, Dickerson,
Haigh, McIntire, Linville, Simpson, Reardon, Kenney, Hunt, Fisher,
Conway, Hurst, Tokuda, Fromhold, Poulsen, Santos, Romero, Rockefeller,
Dunshee, Gombosky, Darneille, Edwards, Skinner, O'Brien, Lantz, Wood,
Miloscia, Grant, Kessler, Kirby, Jackley, Kagi, Keiser, H. Sommers,
Ogden, Cody, Edmonds, Morris, Lovick, McDermott, Woods, Jarrett,
Mastin, Cooper, Schual-Berke and Ruderman; by request of Governor
Locke, Attorney General and Superintendent of Public Instruction
Read first time 01/25/2001. Referred to Committee on Education.
AN ACT Relating to preventing harassment, intimidation, or bullying
in schools; adding new sections to chapter 28A.635 RCW; and creating a
new section.
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. As used in sections 3 through 5 of
this act, "harassment, intimidation, or bullying" means any gesture or
written, verbal, or physical act taking place on or immediately
adjacent to school grounds, at any school-sponsored activity, on
school-provided transportation, or at any official school bus stop that
(1) a reasonable person under the circumstances should know will have
the effect of harming a student or damaging his or her property, or
placing a student in reasonable fear of harm to his or her person or
damage to his or her property, or (2) has the effect of insulting or
demeaning any student or group of students in such a way as to disrupt
or interfere with the school's educational mission or the education of
any student. "Harassment, intimidation, or bullying" includes but is
not limited to any such gesture or written, verbal, or physical act
that is reasonably perceived as being motivated either by any actual or
perceived characteristic in RCW 9A.36.080(3) or by any other
distinguishing characteristic.
{+ NEW SECTION. +} Sec. 3. (1) Each school district shall adopt
a policy prohibiting harassment, intimidation, or bullying on or
immediately adjacent to school grounds, at any school-sponsored
activity, on school-provided transportation, or at any official school
bus stop. Each school district shall have local control over the
content of the policy as long as the policy contains, at a minimum, the
components in subsection (2) of this section. It is recommended that
the policy be adopted through a process that includes representation of
parents or guardians, school employees, volunteers, students,
administrators, and community representatives.
(2) Each school district's policy shall, at a minimum, include each
of the following components:
(a) A statement prohibiting harassment, intimidation, or bullying
of a student;
(b) A definition of harassment, intimidation, or bullying no less
inclusive than that in section 2 of this act;
(c) A description of the type of behavior expected from each
student;
(d) Consequences and appropriate remedial action for a person who
commits an act of harassment, intimidation, or bullying;
(e) A procedure for reporting an act of harassment, intimidation,
or bullying, including a provision that permits a person to report an
act of harassment, intimidation, or bullying anonymously; however, this
subsection (2)(e) shall not be construed to permit formal disciplinary
action solely on the basis of an anonymous report;
(f) A procedure for prompt investigation of reports of violations
and complaints, identifying either the principal or the principal's
designee as the person responsible for such investigation;
(g) The range of ways in which a school will respond once an
incident of harassment, intimidation, or bullying is identified;
(h) A statement that prohibits reprisal or retaliation against any
person who reports an act of harassment, intimidation, or bullying, and
the consequences and appropriate remedial action for a person who
engages in such reprisal or retaliation;
(i) Consequences and appropriate remedial action for a person found
to have falsely accused another as a means of retaliation or as a means
of harassment, intimidation, or bullying; and
(j) A statement of how the policy is to be publicized including
notice that the policy applies to participation in school-sponsored
activities.
(3) Each school district shall adopt such a policy and transmit a
copy of its policy to the office of the superintendent of public
instruction by September 1, 2002.
(4) To assist school districts in developing policies for the
prevention of harassment, intimidation, or bullying, the office of the
superintendent of public instruction shall develop a model policy
applicable to grades K-12. This model policy shall be issued no later
than December 1, 2001.
(5) Notice of the school district's policy shall appear in any
publication of the school district that sets forth the comprehensive
rules, procedures, and standards of conduct for the school, and in any
student handbook.
{+ NEW SECTION. +} Sec. 4. (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 the appropriate school official
designated by the school district's policy.
(3) A school employee who promptly reports an incident of
harassment, intimidation, or bullying to the appropriate school
official designated by the school district's policy, 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.
{+ NEW SECTION. +} Sec. 5. (1) Schools and school districts are
encouraged to form bullying prevention task forces, programs, and other
initiatives involving school staff, students, administrators,
volunteers, parents, law enforcement, and community members.
(2) To the extent funds are appropriated for these purposes, each
school district shall (a) provide training on the school district's
harassment, intimidation, or bullying policies to school employees and
volunteers who have significant contact with students, and (b) develop
a process for discussing the district's harassment, intimidation, or
bullying policy with students.
(3) Information regarding the school district policy against
harassment, intimidation, or bullying shall be incorporated into each
school's current employee training program.
{+ NEW SECTION. +} Sec. 6. Sections 2 through 5 of this act shall
not be interpreted to prevent a victim from seeking redress under any
other available law either civil or criminal. Sections 2 through 6 of
this act do not create or alter any tort liability.
{+ NEW SECTION. +} Sec. 7. Sections 2 through 6 of this act are
each added to chapter 28A.635 RCW.
{+ NEW SECTION. +} Sec. 8. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
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