H.P. 419 - L.D. 564
An Act To Amend the Laws Governing the Student Code of Conduct
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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §1001, sub-§15, ¶F, as amended by PL 2001, c. 644, §1, is further amended to read:
F. Establish policies and procedures concerning the removal of disruptive or violent students or students threatening death or bodily harm to others from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate;
Sec. 2. 20-A MRSA §1001, sub-§15, ¶G, as enacted by PL 1999, c. 351, §2, is amended to read:
G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or the superintendent's designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property
Sec. 3. 20-A MRSA §1001, sub-§15, ¶H is enacted to read:
H. Establish policies and procedures to address bullying, harassment and sexual harassment.
Sec. 4. Development of model policies to address bullying, harassment and sexual harassment. The Commissioner of Education shall direct the Subcommittee on School and Community Climate of the Children's Cabinet to develop model policies to address bullying, harassment and sexual harassment in schools. In developing these model policies, the subcommittee shall, no later than February 15, 2006:
1. Provide a description of behaviors that constitute bullying, harassment and sexual harassment;
2. Provide specific guidelines for the enhancement and enforcement of student codes of conduct adopted in accordance with the Maine Revised Statutes, Title 20-A, section 1001, subsection 15;
3. Present the guidelines in a manner appropriate for inclusion in staff and faculty handbooks;
4. Develop a manual to instruct parents, teachers and school administrators on how to implement policies on bullying, harassment and sexual harassment, including recommendations for procedures to be included in a school handbook; and
5. Create training modules for school staff and administration specific to recognizing and implementing procedures to address bullying, harassment and sexual harassment. Training modules must be developed for delivery regionally via interactive television, in person at workshops and conferences and online as Internet-based teaching tools.
By February 1, 2006 the commissioner shall report to the Joint Standing Committee on Education and Cultural Affairs on the subcommittee's progress in developing model policies, procedures and training materials.
Sec. 5. Implementation of policies and procedures to address bullying, harassment and sexual harassment. School administrative units shall establish or modify policies and procedures to address bullying, harassment and sexual harassment in a manner consistent with the model policies developed in accordance with section 4. Each school administrative unit must have such policies and procedures in place by September 1, 2006.
Effective September 17, 2005.
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