AN ACT CONCERNING SCHOOL LEARNING ENVIRONMENT.

This bill extends the implementation date of PA 07-66, which (1) generally prohibits out-of-school suspensions and (2) extends, from five to 10 days, the maximum length of in-school suspensions. The bill provides that in-school suspensions may be served in any school building under the jurisdiction of the board, as the board determines. It also requires the education commissioner, by October 1, 2008, to issue guidelines to help boards determine whether a pupil should receive an in-school or out-of-school suspension.

The bill also specifically expands the definition of bullying and requires school boards to implement the bullying policies they were required to adopt. Finally, it (1) requires people in a teacher preparation program to be encouraged to complete a school bullying and suicide prevention component and (2) requires teachers to receive in-service training in bullying prevention. Boards of education that implement an evidence-based model approach to bullying do not have to provide the training.

*House Amendment “A” further extends the effective date of PA 07-66 from January 1, 2009, to July 1, 2009.

*House Amendment “B” eliminates the penalty for failing to implement a bullying policy, creates the exception to the bullying training requirement, makes the changes relative to what must be included in bullying policies, requires the policies be submitted to the State Department of Education and requires it to take certain steps with regard to policies and report to the General Assembly, and defines the term “prevention and intervention strategy. ”

EFFECTIVE DATE: July 1, 2008; except for the provisions on the suspension definition and guidelines, which are effective upon passage; and the in-service training, teacher preparation training, and SDE policy review, which are effective July 1, 2009.

The bill extends, from July 1, 2008, to July 1, 2009, the implementation date of PA 07-66's limitation on out-of-school suspensions. PA 07-66 requires suspensions to be in-school suspensions unless the school administration determines, at the required informal suspension hearing, that the student must serve the suspension outside of school because he or she (1) poses such a danger to persons or property or (2) is so disruptive of the educational process. Prior law had defined in-school suspension as exclusion from classroom activity, but not from school, for up to five consecutive days. The act extended this to a maximum of 10 consecutive school days. An exclusion from school privileges for more than 10 days constitutes an expulsion under existing law.

Current law defines bullying as overt acts by one or more students intended to ridicule, humiliate, or intimidate that are repeated over time against another student on school grounds, at a school-sponsored activity, or on a school bus. The bill eliminates the requirement that the acts be repeated against the same student over time and instead requires only that the acts be committed more than once against any student during the school year.

Under current law, bullying policies must require school staff who witness or receive reports of bullying to notify school administrators. The bill specifies that the notifications must be made in writing. The law also requires school personnel to investigate anonymous reports. However, the bill provides that no disciplinary action can be taken based solely on anonymous reports. The bill specifies each school must invite each parent or guardian that they notify of bullying to one meeting. The law requires each school to keep a list of the number of verified acts of bullying and make them available for public inspection. The bill requires each school, within available appropriations, to annually report that number to the State Department of Education (SDE) in the manner prescribed by the education commissioner. The bill requires that the policies identify the appropriate school personnel, which can include, but must not be limited to, pupil services personnel, responsible for taking a bullying report and investigating the complaint.

The bill also requires that the policies include a prevention and intervention strategy, rather than just intervention, for school staff to deal with bullying. Under the bill, the term “prevention and intervention strategy” can include, but is not limited to:

1. implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying identified by the Department of Education;

2. a school survey to determine the prevalence of bullying;

3. establishment of a bullying prevention coordinating committee with broad representation to review the survey results and implement the strategy;

4. school rules prohibiting bullying, harassment, and intimidation and establishing appropriate consequences for those who engage in such acts;

5. adequate adult supervision of outdoor areas, hallways, the lunchroom, and other specific areas where bullying is likely to occur;

6. inclusion of grade-appropriate bullying prevention curricula in kindergarten through high school;

7. individual interventions with the bully, parents; and school staff, and interventions with the bullied child, parents; and school staff;

8. school-wide training related to safe school climate; and

9. promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings, and individual interventions.

The bill requires each board of education to submit its bullying policy to SDE by February 1, 2009. The boards must ensure that the policy is included in the school district's publication of the rules, procedures, and standards of conduct for schools and in all student handbooks by July 1, 2009.

The bill requires SDE, within available appropriations, to (1) review and analyze the bullying policies it receives; (2) examine the relationship between bullying, school climate, and student outcomes; (3) document school districts' articulated needs for technical assistance and training related to safe learning and bullying; (4) collect information on the prevention and intervention strategies used by schools to reduce the incidence of bullying, improve school climate and improve reporting outcomes; and (5) develop model policies for grades kindergarten to twelve, inclusive, for the prevention of bullying. By February 1, 2010, SDE must submit a report on the status of its efforts and any recommendations it may have regarding additional activities or funding to prevent bullying in schools and improve school climate, to the Education and Children's committee. SDE can accept private donations TO achieve these tasks.

The law allows a student to be suspended for conduct that (1) violates a publicized board policy or seriously disrupts the educational process or (2) endangers persons or property on school grounds or at a school-sponsored activity. It defines suspension as exclusion from school privileges, or from transportation services only, for up to 10 consecutive school days.