00                      CS FOR HOUSE BILL NO. 482(JUD)                                                                    
01 "An Act relating to harassment, intimidation, and bullying in schools."                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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, is encouraged to report the incident to an                                  
27       appropriate school 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 promptly reports an incident of harassment, intimidation, or bullying to                            
04       an appropriate school official and who makes this report in good faith and in                                     
05       compliance with the procedures in the district's policy prohibiting harassment,                                   
06       intimidation, or bullying is immune from a cause of action for damages arising from a                             
07       failure to remedy the reported incident or for making the report.                                                 
08            Sec. 14.33.250. Definitions. In AS 14.33.200 - 14.33.250,                                                  
09                 (1)  "district" has the meaning given in AS 14.17.990;                                                  
10                 (2)  "harassment, intimidation, or bullying" means an intentional                                       
11       written, oral, or physical act, including an act directed at a student because of that                            
12       person's race, age, sex, color, creed, sexual orientation, physical or mental disability,                         
13       ancestry, or national origin or other distinguishing characteristics, when the act is                             
14       undertaken with the intent of threatening, intimidating, harassing, or frightening the                            
15       student, and                                                                                                      
16                      (A)  physically harms the student or damages the student's                                         
17            property;                                                                                                    
18                      (B)  has the effect of substantially interfering with the student's                                
19            education;                                                                                                   
20                      (C)  is so severe, persistent, or pervasive that it creates an                                     
21            intimidating or threatening educational environment; or                                                      
22                      (D)  has the effect of substantially disrupting the orderly                                        
23            operation of the school.