H. B. 3225

         (By Delegates M. Poling, Paxton, Perry, Ennis,

               Pethtel, Shaver, Moye, Smith,

              Lawrence and L. Phillips)

         [Introduced February 21, 2011; referred to the

         Committee on Education then the Judiciary.]

A BILL to amend and reenact §18-2C-2 and §18-2C-3 of the Code of     West Virginia, 1931, as amended, all relating to expanding the     definition of harassment, intimidation or bullying; requiring     a student to attend two months of counseling if he or she is     found to be harassing, intimidating or bullying a fellow     student; and setting forth the consequences for failure to     comply with the counseling requirement.

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.

    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:

    (a) A reasonable person under the circumstances should know will have the effect of:

    (1) Harming Physically or emotionally harming a student;

    (2) Damaging a student’s property;

    (3) Placing a student in reasonable fear of harm to his or her person; or

    (4) Placing a student in reasonable fear of damage to his or her property; or

    (b) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student; or

    (c) Disrupts or interferes with the orderly operation of the school.

§18-2C-3. Policy prohibiting harassment, intimidation or bullying.

    (a) Each county board of education 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, which at a minimum:

    (A) A requirement that a guilty student receive school provided counseling for a minimum of two months; and

    (B) A process for removing a guilty student from the regular school system and placing that student in an alternative school setting if he or she does not satisfy the mandatory counseling requirement of this subdivision; and

    (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.

    (c) Each county board shall adopt the policy and submit a copy to the State Superintendent of Schools by December 1, 2001.

    (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, 2001.

    (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.

    NOTE: The purpose of this bill is to add to the definition of harassment, intimidation or bullying. The bill requires a child to attend two months of counseling provided by a school if he or she is found to be harassing, intimidating or bullying a fellow student. The bill provides for consequences for failure to comply with the counseling requirement.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.