2007 House Bill 4162 (Require school bullying policies )

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• Introduced by Rep. Pam Byrnes 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 in the House by voice vote on March 28, 2007.
  • Substitute offered by Rep. Pam Byrnes 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 in the House by voice vote on March 28, 2007.
  • Amendment offered by Rep. Bill Huizenga 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 in the House by voice vote on March 28, 2007.
  • Amendment offered by Rep. Paul Opsommer 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. Tom Pearce 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. Jacob Hoogendyk, Jr. 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. John Moolenaar 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. Tom Casperson 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. Judy Emmons 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
  • Amendment offered by Rep. Judy Emmons 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 in the House (52 to 58) on March 28, 2007. [Vote Details and Comments]
• Passed in the House (59 to 50) 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. [Vote Details and Comments]
• Motion by Rep. Steve Tobocman on March 28, 2007, to give the bill immediate effect. The motion failed in the House (59 to 49) on March 28, 2007. [Vote Details and Comments]
• Received in the Senate on April 17, 2007.
  • Referred to the Senate Education Committee on April 17, 2007.

Comments

Introduced by Rep. Pam Byrnes on January 30, 2007. Passed in the House (59 to 50) on March 28, 2007. New Comment