Introduced by Rep. Pam Byrnes (D) on January 30, 2007, to require schools to adopt a policy prohibiting harassment, intimidation, or bullying; and to require the Department of Education to develop a model policy. The bill also requires schools to train staff in the policy they adopt.
Referred to the House Education Committee on January 30, 2007.
Reported in the House on March 20, 2007, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Substitute offered in the House on March 28, 2007, to replace the previous version of the bill with one that makes substantive changes which are described in the later Byrne substitute, which itself revises various details but does not change the substance of this one. The substitute failed by voice vote in the House on March 28, 2007.
Substitute offered by Rep. Pam Byrnes (D) on March 28, 2007, replace the previous version of the bill with one that does not require schools to train staff in the policy they adopt, and does not contain the many specific mandates contained in the original bill, which were found objectionable by school districts, and caused concern regarding a potential violation of the Headlee amendment ban on unfunded mandates from the state. Instead, districts would be encouraged to adopt the definition of bullying from the model anti-bullying policy adopted by the state board of education on Sept. 12, 2006. The substitute passed by voice vote in the House on March 28, 2007.
Amendment offered by Rep. Bill Huizenga (R) on March 28, 2007, to add back provisions similar to the much more detailed and explicit provisions from the original version of the bill of the anti-bullying policies and actions that schools would be required to adopt and undertake, and require schools to include annual staff training. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading". The amendment failed by voice vote in the House on March 28, 2007.
Amendment offered by Rep. Paul Opsommer (R) on March 28, 2007, to require school bullying policies to include penalties for school personnel who fail to respond appropriately to incidents of bullying or harassment. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. Tom Pearce (R) on March 28, 2007, to require school bullying policies to specify that bullying motivated by an individual’s race, religion or national origin would be prohibited. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. Jacob Hoogendyk, Jr. (R) on March 28, 2007, to strike out a reference to the provision in the model anti-bullying policy adopted the state board of education on Sept. 12, 2006, which defines bullying or harassment as actions motivated by an individual’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression; or a mental, physical, sensory disability or impairment, or by any other distinguishing characteristic. Also, to specify that bullying is prohibited regardless of the motivation, instead of specifying that it prohibited when motivated “by animus or because of an actual or perceived characteristic,” or by the characteristics the state board adopted. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. John Moolenaar (R) on March 28, 2007, to strike out a reference to the provision in the model anti-bullying policy adopted the state board of education on Sept. 12, 2006, which defines bullying or harassment as actions motivated by an individual’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression; or a mental, physical, sensory disability or impairment, or by any other distinguishing characteristic. Instead, to specify that bullying is prohibited when motivated by an distinguishing characteristic or a individual’s association with another person. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. Tom Casperson (R) on March 28, 2007, to add to the specification that bullying is prohibited if motivated “by animus or because of an actual or perceived characteristic” the words "or conduct by a teacher or other school employee.” Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. Judy Emmons (R) on March 28, 2007, to require a school board to take all necessary steps to fire a school employee who has engaged in bullying or harassment of a student as defined by the bill, subject to limitation place on firing included in the district’s union contract. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Amendment offered by Rep. Judy Emmons (R) on March 28, 2007, to require that if a students parents claim that their child has been the target of bullying or harassment, and request the child be transferred to another school district or a charter school, the school must agree to the transfer, and must pay to the new district or charter a pro-rated share of the state aid money received for the student. Note: This and the other amendment votes on this bill were actually on the parliamentary issue of whether to allow them to be considered on “third reading,” which explains the consistent party line votes. The amendment failed 52 to 58 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Passed 59 to 50 in the House on March 28, 2007, to require school officials to adopt and implement a policy that prohibits harassment or bullying at school, and encourage them to adopt the definition of bullying from the model anti-bullying policy ladopted by the state board of education on Sept. 12, 2006, which contains references to an individual’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression; or a mental, physical, sensory disability or impairment, or by any other distinguishing characteristic. Who Voted "Yes" and Who Voted "No"
Motion by Rep. Steve Tobocman (D) on March 28, 2007, to give the bill immediate effect. The motion failed 59 to 49 in the House on March 28, 2007. Who Voted "Yes" and Who Voted "No"
Received in the Senate on April 17, 2007.
Referred to the Senate Education Committee on April 17, 2007.
Reported in the Senate on December 10, 2008, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
1) Thank you by Ironbutterfly on March 29, 2007 For voting your conscience on this bill. Yes, it is a Trojan Horse.
Isn't it ironic how the groups that claim to be "tolerant" of others are the ones who spew hate speech "want to cause bodily harm" to those with different viewpoints?
How about a bill being introduced to protect heterosexuals from harrassment and hate speech?
2) Anti-Bullying Bills by Ironbutterfly on March 29, 2007 How Ironic, today in our paper on the same page I see "House Approves anti-bullying bill" and "Detroit Gay Man Died Naturally" articles.
Sen. Levin cited this "gay death" as evidence of the need to extend hate crime legislation to gays. We find out today, the gay man died of natural causes. This case has been closed by the police. I find the timing of this "gay death" accusation convenient timing.
"The model policy would establish that prohibited harassment, intimidation, or bullying includes a gesture or written, verbal, or physical act that is reasonably perceived as being motivated by religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristics" .
I can fore-see lawsuits arising due to the words "reasonably perceived". Who determines this? The word "visual" will certainly open many doors. Heaven forbid if someone frowns at you or rolls their eyes as they pass a student in the hallway.
The Democrats and a couple of Republicans have succeeded in having a hand in making our country like Nazi Germany and the "thought police" idealism.
I read several articles that there are students and teachers who "police" the hallways and classrooms at schools in various states looking for "harrassment violations". Why aren't the teachers "teaching" as they are paid to do? Why arent the students in their classrooms getting their education?
This bill only had to say "ALL" and didn't have to break down into specific groups, specifically "gays and transgenders".
But this was the original agenda all along.....
As a swing voter, I am sadly disappointed to see all the "yes votes" for this bill. I will remember this at election time.
3) Rep. Elsenheimer's "no vote explanation" by Admin003 on March 29, 2007 Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot support final passage of this bill. The process of adoption was set up to avoid the minority from addressing issues important to this state. While the underlying policy is good, that of attempting to prevent bullying, the bill also serves as a subterfuge to create for the first time in Michigan law certain protected classes. If the policy to create these protected classes was sound, then the issue could rise and fall on its own rather than being tied to protection of children."