H. B. 3023
(By Delegates Stemple, Williams, L. Smith, Mathews,
Louisos, Swartzmiller and Fahey)
(Originating in the Committee on Education)
[March 27, 2001]
A BILL to amend chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-c, relating to
education; county board of education; legislative findings;
definitions; policy prohibiting harassment, intimidation or
bullying; liability; immunity; and policy training,
education and task force.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-c, to read
as follows:
ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.
§18-2C-1. Legislative findings.
The Legislature finds that a safe and civil environment in
school is necessary for students to learn and achieve high
academic standards. The Legislature finds that harassment,
intimidation or bullying, like other disruptive or violent
behavior, is conduct that disrupts both a student's ability to
learn and a school's ability to educate its students in a safe,
nonthreatening environment.
The legislature further finds that students learn by
example. The legislature charges school administrators, faculty,
staff and volunteers with demonstrating appropriate behavior,
treating others with civility and respect, and refusing to
tolerate harassment, intimidation or bullying.
§18-2C-2. Definitions.
As used in this article, "harassment, intimidation or
bullying" means any intentional gesture, or any intentional
written, verbal or physical act or threat that:
(a) A reasonable person under the circumstances should know
will have the effect of:
(1) 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.
§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 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; 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 the first day of
December, two thousand one.
(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 the first day of September, two
thousand one.
(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.
§18-2C-4. Immunity.
A school employee, student or volunteer is immune from a
cause of action for damages arising from any failure to remedy
the reported incident, if that person:
(1) In good faith promptly reports an incident of
harassment, intimidation or bullying;
(2) Makes the report to the appropriate school official as
designated by policy; and
(3) Makes the report in compliance with the procedures as
specified in policy.
§18-2C-5. Policy training and education.
(a) Schools and county boards are encouraged, but not
required, to form bullying prevention task forces, programs and
other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement and
community members.
(b) To the extent state or federal funds are appropriated
for these purposes, each school district shall:
(1) Provide training on the harassment, intimidation or
bullying policy to school employees and volunteers who have
direct contact with students; and
(2) Develop a process for educating students on the
harassment, intimidation or bullying policy.
(c) Information regarding the county board policy against
harassment, intimidation or bullying shall be incorporated into
each school's current employee training program.
§18-2C-6. Liability.
Nothing in this article prohibits a victim from seeking
redress under any other provision of civil or criminal law. This
article does not create or alter any tort liability.
NOTE: This article is new; therefore underscoring and
strike-throughs have been omitted.