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Am. H. B. No. 116 As Passed by the HouseAs Passed by the House
|129th General Assembly|
Representatives Patmon, Fedor, Yuko, Letson, Antonio, Luckie, Beck, Buchy, Carney, Driehaus, Duffey, Foley, Garland, Goyal, Mallory, Milkovich, O'Brien, Ramos, Reece, Weddington, Winburn Speaker Batchelder
To amend sections 3313.666 and 3313.667 of the
Revised Code to enact the School Day Security and
Anti-Bullying Act to require age-appropriate
instruction, to the extent that federal or state
funds are appropriated for this purpose, and
parental notification of public schools' policies
prohibiting harassment, intimidation, or bullying.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.666 and 3313.667 of the Revised
Code be amended to read as follows:
Sec. 3313.666. (A) As used in this section, "harassment,
intimidation, or bullying" means either of the following:
(1) Any intentional written, verbal, or physical act that a
student has exhibited toward another particular student more than
once and the behavior both:
(a) Causes mental or physical harm to the other student;
(b) Is sufficiently severe, persistent, or pervasive that it
creates an intimidating, threatening, or abusive educational
environment for the other student.
(2) Violence within a dating relationship.
(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
(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 the custodial parent or
guardians guardian 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 1232g, as
amended, have access to any written reports pertaining to the
(6) A procedure for documenting any prohibited incident that
(7) A procedure for responding to and investigating any
(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.
1232g, 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) (1) To the extent that state or federal funds are
appropriated for this purpose, each board shall require that all
students enrolled in the district annually be provided with
age-appropriate instruction, as determined by the board on the
board's policy, including a discussion of the consequences for
violations of the policy.
(2) Each board shall require that once each school year a
written statement describing the policy and the consequences for
violations of the policy be sent to each student's custodial
parent or guardian. The statement may be sent with regular student
(E) 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
(E)(F) Except as provided in division (D)(E) 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
(F)(G) This section does not create a new cause of action or
a substantive legal right for any person.
(G)(H) Not later than six months after the effective date of
this amendment September 29, 2010, each board shall update the
policy adopted under this section to include violence within a
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 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
(C) This section does not create a new cause of action or a
substantive legal right for any person.
Section 2. That existing sections 3313.666 and 3313.667 of
the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect six
months after the effective date of this section.
Section 4. This act shall be known as the "School Day
Security and Anti-Bullying Act." The purpose of this act is to
provide a positive school day for each student and a school
environment where every student feels safe.