House Bill 482 is an excellent law. Bully Police
USA grades this law an "A"
law.
ALASKA
HOUSE BILL 482
BILL ID: HB 482 (2006)
00 Enrolled HB 482
01 Relating to harassment, intimidation, and bullying in schools.
02
_______________
03 * Section 1. AS 14.33 is amended by adding new
sections to read:
04
Article 4. Harassment, Intimidation, and Bullying.
05
Sec. 14.33.200. Harassment, intimidation, and bullying policy. (a) By
06 July 1, 2007, each school district
shall adopt a policy that prohibits the harassment,
07 intimidation, or bullying of
any student. Each school district shall share this policy
08 with parents or guardians, students,
volunteers, and school employees.
09
(b) The policy must be adopted through the standard policy-making
procedure
10 for each district that includes
the opportunity for participation by parents or guardians,
11 school employees, volunteers,
students, administrators, and community
12 representatives. The policy
must emphasize positive character traits and values,
13 including the importance of
civil and respectful speech and conduct, and the
14 responsibility of students to
comply with the district's policy prohibiting harassment,
15 intimidation, or bullying. The
policy must also include provisions for an appropriate
01 punishment schedule up to and
including expulsion and reporting of criminal activity
02 to local law enforcement authorities.
School employees, volunteers, students, and
03 administrators shall adhere
to this policy.
04
(c) By January 1, 2007, the department, in consultation with representatives
of
05 parents or guardians, school
personnel, and other interested parties, may provide to
06 school districts a model harassment,
intimidation, and bullying prevention policy and
07 training materials on the components
that should be included in a district policy.
08 Training materials may be disseminated
in a variety of ways, including workshops and
09 other staff developmental activities,
and through the Internet website of the
10 department. Materials included
on the Internet website must include the model policy
11 and recommended training and
instructional materials. The department may provide a
12 link to the school district's
Internet website for further information.
13
Sec. 14.33.210. Reporting of incidents of harassment, intimidation, or
14 bullying. Beginning with the
2007 - 2008 school year, each school district shall report
15 to the department by November
30 all incidents resulting in suspension or expulsion
16 for harassment, intimidation,
or bullying on school premises or on transportation
17 systems used by schools in the
school year preceding the report. The department shall
18 compile the data and report
it to the appropriate committees of the Alaska House of
19 Representatives and the Senate.
20
Sec. 14.33.220. Reporting; no reprisals. (a) A school employee, student,
or
21 volunteer may not engage in
reprisal, retaliation, or false accusation against a victim,
22 witness, or person with reliable
information about an act of harassment, intimidation,
23 or bullying.
24
(b) A school employee, student, or volunteer who has witnessed, or
has
25 reliable information that a
student has been subjected to, harassment, intimidation, or
26 bullying, whether verbal or
physical, shall report the incident to an appropriate school
27 official.
28
(c) This section does not prohibit discipline or other adverse action
taken in
29 compliance with school district
policies against a person who falsely and in bad faith
30 accuses a person of engaging
in harassment, intimidation, or bullying or who
31 intentionally provides false
information in connection with an investigation of an
01 alleged incident of harassment,
intimidation, or bullying.
02
Sec. 14.33.230. Immunity from suit. A school employee, student, or
03 volunteer who reports an incident
of harassment, intimidation, or bullying to a school
04 official and who makes this
report in good faith is immune from a cause of action for
05 damages arising from a failure
to remedy the reported incident or for making the
06 report.
07
Sec. 14.33.250. Definitions. In AS 14.33.200 - 14.33.250,
08
(1) "district" has the meaning given in AS 14.17.990;
09
(2) "harassment, intimidation, or bullying" means an intentional
10 written, oral, or physical act,
when the act is undertaken with the intent of threatening,
11 intimidating, harassing, or
frightening the student, and
12
(A) physically harms the student or damages the student's
13
property;
14
(B) has the effect of substantially interfering with the student's
15
education;
16
(C) is so severe, persistent, or pervasive that it creates an
17
intimidating or threatening educational environment; or
18
(D) has the effect of substantially disrupting the orderly
19
operation of the school;
20
(3) "school official" means an employee of a school, including a
21 teacher, administrator, or noncertificated
support staff or paraprofessional.
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