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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3225
(By Delegates M. Poling, Paxton, Perry, Ennis,
Pethtel, Shaver, Moye, Smith,
Lawrence and L. Phillips)
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to
amend and reenact §18-2C-2 and §18-2C-3 of the Code of
West Virginia, 1931, as amended, all relating to harassment,
intimidation or bullying of students; expanding the definition
of harassment, intimidation or bullying; expanding the areas
where harassment, intimidation and bullying are prohibited to
include school buses and school bus stops; requiring county
board and West Virginia Department of Education policies
regarding harassment, intimidation or bullying; and
establishing reporting requirements.
Be it enacted by the Legislature of West Virginia:
That §18-2C-2 and §18-2C-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.
§18-2C-2. Definitions.
(a) As used in this article, "harassment, intimidation or
bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication,
transmission or threat that:
(1) A reasonable person under the circumstances should know
will have the effect of any one or more of the following:
(A) Physically harming a student;
(B) Damaging a student's property;
(C) Placing a student in reasonable fear of harm to his or her
person; or
(D) Placing a student in reasonable fear of damage to his or
her property;
(2) Is sufficiently severe, persistent or pervasive that it
creates an intimidating, threatening or emotionally abusive
educational environment for a student; or
(3) Disrupts or interferes with the orderly operation of the
school.
(b) As used in this article, an electronic act, communication,
transmission or threat includes but is not limited to one which is
administered via telephone, wireless phone, computer, pager or any
electronic or wireless device whatsoever, and includes but is not
limited to transmission of any image or voice, email or text
message using any such device.
§18-2C-3. Policy prohibiting harassment, intimidation or bullying.
(a) Each county board shall establish a policy prohibiting
harassment, intimidation or bullying. Each county board has control over the content of its policy as long as the policy
contains, at a minimum, the requirements of subdivision (b) of this
section. The policy shall be adopted through a process that
includes representation of parents or guardians, school employees,
school volunteers, students and community members.
(b) Each county board policy shall, at a minimum, include the
following components:
(1) A statement prohibiting harassment, intimidation or
bullying of any student on school property, a school bus, at a
school bus stop or at school sponsored events;
(2) A definition of harassment, intimidation or bullying no
less inclusive than that in section two of this article;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited
incidents of which they are aware;
(5) A requirement that parents or guardians of any student
involved in an incident prohibited pursuant to this article be
notified;
(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;
(10) A requirement that any information relating to a reported
incident is confidential, and exempt from disclosure under the
provisions of chapter twenty-nine-b of this code; and
(11) A requirement that each county board shall input into the
uniform integrated regional computer information system (commonly
known as the West Virginia Education Information System) described
in section twenty-six, article two of this chapter, and compile an
annual report regarding the means of harassment, intimidation or
bullying that have been reported to them, and the reasons therefor,
if known. The West Virginia Department of Education shall compile
the information and report it annually beginning July 1, 2012, to
the Legislative Oversight Committee on Education Accountability.
(c) Each county board shall adopt the policy and submit a copy
to the State Superintendent of Schools by December 1, 2011.
(d) To assist county boards in developing their policies, the
West Virginia Department of Education shall develop a model policy
applicable to grades kindergarten through twelfth. The model
policy shall be issued by September 1, 2011.
(e) Notice of the county board's policy shall appear in any
student handbook, and in any county board publication that sets
forth the comprehensive rules, procedures and standards of conduct for the school.