Straight TalkStraight Talkonon

Anti-Bullying LawsAnti-Bullying Laws

Who am I Listening To?

Lisa J. Schmidt, Esq.Lisa J. Schmidt, Esq.

What's all the fuss about?

Lake Orion High School

3 Suicides in 11/2011

All results of bullying

Lake Orion High School

3 Suicides in 11/2011

All results of bullying

Jeffrey Hipple

Age 15, died 2011

Farmington Hills, MichiganJeffre

y Hipple

Age 15, died 2011

Farmington Hills, Michigan

Matt EplingMatt EplingAge 14, died 2002Age 14, died 2002

East Lansing, MichiganEast Lansing, MichiganVictim of HazingVictim of Hazing

Kimberly LinczeskiKimberly LinczeskiAge 12, died 3/3/11Age 12, died 3/3/11Ontonagon, MichiganOntonagon, Michigan

The Nation Responds

Pres. Barrack ObamaWhite House Anti-Bullying Summit

3/10/2011

48 states have passed Anti-Bullying legislation

(Michigan was #48)

48 states have passed Anti-Bullying legislation

(Michigan was #48)

Identical Bills Proposed in House & SenateIdentical Bills Proposed in House & Senate

House Committees

House Committees

Senate Committees

Senate Committees

Amendments are made Amendments are made

Committee of the Whole

House

Committee of the Whole

House

Committee of the Whole

Senate

Committee of the Whole

Senate

Amended Bill Passed by House

Amended Bill Passed by House

Amended Bill Passed by Senate

Amended Bill Passed by Senate

Amendments are made Amendments are made

2 Amended Bills are

Reconciled

2 Amended Bills are

Reconciled

Reconciled Bill Sent to Governor for SignatureReconciled Bill Sent to Governor for Signature

Matt's Safe School Law(As Proposed)

Schools to create Anti-Bullying policies within 6 Schools to create Anti-Bullying policies within 6 monthsmonths

Policies must prevent bulling “At School”Policies must prevent bulling “At School” In the classroom, on premises, in school buses, In the classroom, on premises, in school buses,

and at school-sponsored activitiesand at school-sponsored activities Through electronic communications created or Through electronic communications created or

accessed using school-owned equipmentaccessed using school-owned equipment ““Bullying or Harassment” is abuse of a pupil that: Bullying or Harassment” is abuse of a pupil that:

Substantially interferes with educationSubstantially interferes with education Prevents pupil from participating out of fear of Prevents pupil from participating out of fear of

harm or emotional distressharm or emotional distress Motivated by actual/perceived characteristicMotivated by actual/perceived characteristic

Changes in the House

Schools can use pre-existing policies

Protected Characteristics: age, sex, race, etc.

Eliminate motivation requirement

Prompt Investigation

Schools must report incidents to School Board

Parents of bully & victim receive notice

School Boards must report incidents to State

Recommend prevention training, education & initiatives

Include cyber-bullying outside of school

Zero Tolerance

Prohibit retaliation & false accusations

Changes in the Senate

Schools can use pre-existing policies

Prohibit retaliation & false accusations

Parents of bully & victim receive notice within 1 day

Mandatory reporting by teachers

Bully & victim to receive counseling

Exception for actions based Exception for actions based on “sincerely held religious on “sincerely held religious belief or moral convictionbelief or moral conviction””

Limited to actions by pupils

Prompt investigations

Protected Characteristics: age, sex, race, etc.

School Boards must report incidents to State

Include cyber-bullying outside of school

Zero Tolerance

The Objection

Matt's Safe School Law(As signed by Gov. Snyder 12/6/11)

Schools must adopt policy by 6/6/12

Schools may use pre-existing policies

Protects against bullying by pupils, teachers, parents, etc. “in schools”

Protects against cyber-bullying created or accessed in school or using school equipment

Protects against bullying regardless of motive

Schools must report incidents to school boards

Schools are encouraged to form task forces, train teachers & education students to prevent bullying

Matt's Safe School Law Does NOTNOT

Contain an exception for actions motivated by a “sincerely held religious belief or moral conviction”

Limit enforcement to behavior of pupils Contain a list of protected characteristics Require reports of incidents to State Require counseling for bullies & victims Require “Zero Tolerance” punishments Apply to cyber-bullying outside of school

Local Effect

Human Dignity Policy Human Dignity Policy already in placealready in place

Anti-Hazing Policy Anti-Hazing Policy already in placealready in place

Policies may already Policies may already comply with Matt's Lawcomply with Matt's Law

School Board will have School Board will have to decide if changes are to decide if changes are neededneeded

Watch for announcement Watch for announcement of policy hearingof policy hearing

Detroit Anti-Bullying Ordinance

AppliesApplies everywhere within city limitseverywhere within city limits Imposes fines for bullying & cyber-bullying Imposes fines for bullying & cyber-bullying

against minorsagainst minors Requires amusement/entertainment facilities to Requires amusement/entertainment facilities to

prevent bullying on premisesprevent bullying on premises Imposes fines on parents who allow bullyingImposes fines on parents who allow bullying

Questions?