§ 20-A §6554 — Prohibition on bullying in public schools

Maine § 20-A §6554

• Jurisdiction: Maine
• Title 20-A: EDUCATION
• Part 3: ELEMENTARY AND SECONDARY EDUCATION
• Ch. 223: HEALTH, NUTRITION AND SAFETY

Text

1.
Findings.
All students have the right to attend public schools that are safe, secure and peaceful environments. The Legislature finds that bullying and cyberbullying have a negative effect on the school environment and student learning and well-being. These behaviors must be addressed to ensure student safety and an inclusive learning environment. Bullying may be motivated by a student's actual or perceived race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other distinguishing personal characteristics or may be based on association with another person identified with such a characteristic. Nothing in this section may be interpreted as inconsistent with the existing protection, in accordance with the First Amendment of the United States Constitution, for the expression of religious, political and philosophical views in a school setting.
2.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.
Prohibition.
A person may not engage in bullying on school grounds. This section does not modify or eliminate a school's obligation to comply with state and federal constitutional protections and civil rights laws applicable to schools.
4.
Scope.
This section applies to bullying that:
5.
Adoption of policy.
When revising the policies and procedures it has established to address bullying pursuant to section 1001, subsection 15, paragraph H, a school board shall ensure that its policies and procedures are consistent with the model policy developed or revised by the commissioner pursuant to section 254, subsection 11‑A. The policies and procedures must include, but are not limited to:
6.
Dissemination of policy.
Each school board shall annually provide the written policies and procedures adopted pursuant to subsection 5 to students, parents, volunteers, administrators, teachers and school staff. The policies and procedures must be posted on the school administrative unit's publicly accessible website. Each school board shall include in its student handbook a section that addresses in detail the policies and procedures adopted pursuant to subsection 5.
7.
Application.
A superintendent or the superintendent's designee shall ensure that every substantiated incident of bullying is addressed.
8.
Transparency and monitoring.
Each school administrative unit shall file its policies to address bullying and cyberbullying with the department.
9.
Staff training.
A school administrative unit shall provide professional development and staff training in the best approaches to implementing this section.

Legislative History

PL 2011, c. 659, §3 (NEW).