An Act To Prohibit Bullying and Cyberbullying in Schools
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Sec. 1. 20-A MRSA §254, sub-§11-A is enacted to read:
Sec. 2. 20-A MRSA §1001, sub-§15, ¶H, as enacted by PL 2005, c. 307, §3, is amended to read:
Sec. 3. 20-A MRSA §6554 is enacted to read:
§ 6554. Prohibition on bullying in public schools
(1) Meeting with the student and the student's parents;
(2) Reflective activities, such as requiring the student to write an essay about the student's misbehavior;
(3) Mediation when there is mutual conflict between peers, rather than one-way negative behavior, and when both parties freely choose to meet;
(5) Anger management;
(6) Health counseling or intervention;
(7) Mental health counseling;
(8) Participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution circles and restorative conferencing;
(9) Community service; and
(10) In-school detention or suspension, which may take place during lunchtime, after school or on weekends.
(1) Has, or a reasonable person would expect it to have, the effect of:
(a) Physically harming a student or damaging a student's property; or
(b) Placing a student in reasonable fear of physical harm or damage to the student's property;
(2) Interferes with the rights of a student by:
(a) Creating an intimidating or hostile educational environment for the student; or
(b) Interfering with the student's academic performance or ability to participate in or benefit from the services, activities or privileges provided by a school; or
(3) Is based on a student's actual or perceived characteristics identified in Title 5, section 4602 or 4684-A, or is based on a student's association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics and that has the effect described in subparagraph (1) or (2).
"Bullying" includes cyberbullying.
(1) A requirement that the superintendent designate a school principal or other school personnel to administer the policies at the school level; and
(2) A procedure for publicly identifying the superintendent's designee or designees for administering the policies at the school level;
School boards may combine the policies and procedures required by this subsection with nondiscrimination, harassment and sexual harassment policies and grievance procedures.