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H. B. No. 208 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stinziano, Antonio
A BILL
To amend section 3313.666 of the Revised Code to
require that school anti-bullying policies
prohibit harassment, intimidation, or bullying
that is based on any actual or perceived trait or
characteristic of a student.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.666 of the Revised Code be
amended to read as follows:
Sec. 3313.666. (A) As used in this section, "harassment:
(1) "Harassment, intimidation, or bullying" means either of
the following:
(1)(a) Any intentional written, verbal, or physical act that
a student has exhibited toward another particular student more
than once that is based on any actual or perceived trait or
characteristic of a student, and the behavior both:
(a)(i) Causes mental or physical harm to the other student;
(b)(ii) Is sufficiently severe, persistent, or pervasive that
it creates an intimidating, threatening, or abusive educational
environment for the other student.
(2)(b) Violence within a dating relationship.
(2) "Trait or characteristic of a student" includes but is
not limited to age, color, creed, national origin, race, religion,
marital status, gender, sexual orientation, gender identity,
physical attributes, physical or mental ability or disability,
ancestry, political party preference, political belief,
socioeconomic status, or familial status.
(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 1232g, 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
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) 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.
(G) 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
dating relationship.
Section 2. That existing section 3313.666 of the Revised
Code is hereby repealed.
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