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Straight Talk on Anti-Bullying Laws. Lisa J. Schmidt, Esq. Who am I Listening To? Lisa J. Schmidt, Esq.

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Presentation on theme: "Straight Talk on Anti-Bullying Laws. Lisa J. Schmidt, Esq. Who am I Listening To? Lisa J. Schmidt, Esq."— Presentation transcript:

1 Straight Talk on Anti-Bullying Laws

2 Lisa J. Schmidt, Esq. Who am I Listening To? Lisa J. Schmidt, Esq.

3 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, Michigan Jeffrey Hipple Age 15, died 2011 Farmington Hills, Michigan Matt Epling Age 14, died 2002 East Lansing, Michigan Victim of Hazing Kimberly Linczeski Age 12, died 3/3/11 Ontonagon, Michigan

4 The Nation Responds Pres. Barrack Obama White 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)

5 Identical Bills Proposed in House & Senate House Committees Senate Committees Amendments are made Committee of the Whole House Committee of the Whole Senate Amended Bill Passed by House Amended Bill Passed by Senate Amendments are made 2 Amended Bills are Reconciled Reconciled Bill Sent to Governor for Signature

6 Matt's Safe School Law (As Proposed) Schools to create Anti-Bullying policies within 6 months Schools to create Anti-Bullying policies within 6 months Policies must prevent bulling “At School” Policies must prevent bulling “At School”  In the classroom, on premises, in school buses, and at school-sponsored activities  Through electronic communications created or accessed 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 education  Prevents pupil from participating out of fear of harm or emotional distress  Motivated by actual/perceived characteristic

7 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

8 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 on “sincerely held religious belief 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

9 The Objection

10 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

11 NOT Matt's Safe School Law Does NOT 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

12 Local Effect Human Dignity Policy already in place Human Dignity Policy already in place Anti-Hazing Policy already in place Anti-Hazing Policy already in place Policies may already comply with Matt's Law Policies may already comply with Matt's Law School Board will have to decide if changes are needed School Board will have to decide if changes are needed Watch for announcement of policy hearing Watch for announcement of policy hearing

13 Detroit Anti-Bullying Ordinance Applieseverywhere within city limits Applies everywhere within city limits Imposes fines for bullying & cyber-bullying against minors Imposes fines for bullying & cyber-bullying against minors Requires amusement/entertainment facilities to prevent bullying on premises Requires amusement/entertainment facilities to prevent bullying on premises Imposes fines on parents who allow bullying Imposes fines on parents who allow bullying

14 Questions?


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