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Senator speaks against Michigan law that protects Christians who bully.
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Skeeve |
Posted on 11/04/2011 10:55
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![]() ![]() Posts: 2742 Joined: 08/01/2008 |
Apparently, [video]www.youtube.com/watch?v=KWBTmhglsNU [/video] Edited by Skeeve on 11/04/2011 17:48 "The world is my country, and do good is my religion." - Thomas Paine
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Skeeve |
Posted on 11/04/2011 17:29
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![]() ![]() Posts: 2742 Joined: 08/01/2008 |
SB-0137, As Passed Senate, November 2, 2011 SUBSTITUTE FOR SENATE BILL NO. 137 A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: SEC. 1310B. (1) NOT LATER THAN 6 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL ADOPT AND IMPLEMENT A POLICY PROHIBITING BULLYING BY PUPILS AT SCHOOL, AS DEFINED IN THIS SECTION. (2) BEFORE ADOPTING THE POLICY REQUIRED UNDER SUBSECTION (1), THE BOARD OR BOARD OF DIRECTORS SHALL HOLD AT LEAST 1 PUBLIC HEARING ON THE PROPOSED POLICY. THIS PUBLIC HEARING MAY BE HELD AS PART OF A REGULAR BOARD MEETING. NOT LATER THAN 30 DAYS AFTER ADOPTING THE POLICY, THE BOARD OR BOARD OF DIRECTORS SHALL SUBMIT A COPY OF ITS POLICY TO THE DEPARTMENT. (3) NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE AND HOUSE STANDING COMMITTEES ON EDUCATION SUMMARIZING THE STATUS OF THE IMPLEMENTATION OF POLICIES UNDER THIS SECTION. (4) A POLICY ADOPTED PURSUANT TO SUBSECTION (1) SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING: (A) A STATEMENT PROHIBITING BULLYING OF A PUPIL. (B) A STATEMENT PROHIBITING A FALSE ACCUSATION OF BULLYING. (C) A STATEMENT PROHIBITING RETALIATION OR FALSE ACCUSATION AGAINST A TARGET OF BULLYING, A WITNESS, OR ANOTHER PERSON WITH RELIABLE INFORMATION ABOUT AN ACT OF BULLYING. (D) A PROVISION INDICATING THAT ALL PUPILS ARE PROTECTED UNDER THE POLICY AND THAT BULLYING IS EQUALLY PROHIBITED WITHOUT REGARD TO ITS SUBJECT MATTER OR MOTIVATING ANIMUS. (E) THE IDENTIFICATION BY JOB TITLE OF SCHOOL OFFICIALS RESPONSIBLE FOR ENSURING THAT THE POLICY IS IMPLEMENTED. (F) A STATEMENT DESCRIBING HOW THE POLICY IS TO BE PUBLICIZED. THE POLICY SHALL INCLUDE AT LEAST A REQUIREMENT THAT NOTICE OF THE POLICY BE PROVIDED TO PARENTS, GUARDIANS, STAFF, VOLUNTEERS, AND PUPILS ANNUALLY, WITH AGE-APPROPRIATE LANGUAGE FOR PUPILS, AND A REQUIREMENT THAT THE POLICY BE INCLUDED IN ALL PUPIL AND EMPLOYEE HANDBOOKS AND POSTED ON THE SCHOOL DISTRICT'S OR PUBLIC SCHOOL'S WEBSITE. (G) A PROCEDURE FOR PROVIDING NOTIFICATION TO THE PARENT OR LEGAL GUARDIAN OF A REPORTED VICTIM OF BULLYING AND THE PARENT OR LEGAL GUARDIAN OF AN ALLEGED PERPETRATOR OF THE BULLYING ON THE SAME DAY AS SCHOOL OFFICIALS BECOME AWARE OF THE BULLYING. THE POLICY MAY PROVIDE THAT IF THE BULLYING OCCURS OUTSIDE SCHOOL HOURS, THIS NOTIFICATION WILL BE MADE ON THE NEXT SCHOOL DAY. (H) A STATEMENT THAT THE POLICY APPLIES ON SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, OR AT A SCHOOL SPONSORED ACTIVITY OR EVENT WHETHER OR NOT IT IS HELD ON SCHOOL PREMISES. (I) A STATEMENT THAT THE POLICY APPLIES TO CONDUCT USING A TELECOMMUNICATIONS ACCESS DEVICE OR TELECOMMUNICATIONS SERVICE PROVIDER, REGARDLESS OF WHETHER THE CONDUCT OCCURS ON OR OFF SCHOOL PREMISES, IF THE TELECOMMUNICATIONS ACCESS DEVICE OR THE TELECOMMUNICATIONS SERVICE PROVIDER IS OWNED BY OR UNDER THE CONTROL OF THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY. (J) A PROCEDURE FOR REPORTING AN ACT OF BULLYING OR A FALSE ACCUSATION OF BULLYING. (K) A REQUIREMENT THAT ANY SCHOOL EMPLOYEE WHO HAS RELIABLE INFORMATION THAT WOULD LEAD A REASONABLE PERSON TO SUSPECT THAT A PUPIL IS A TARGET OF BULLYING OR TO SUSPECT A FALSE ACCUSATION OF BULLYING SHALL IMMEDIATELY REPORT IT TO THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE. (l) A PROCEDURE FOR PROMPT INVESTIGATION OF A REPORT OF VIOLATION OF THE POLICY OR A RELATED COMPLAINT, IDENTIFYING EITHER THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE AS THE PERSON RESPONSIBLE FOR THE INVESTIGATION. (M) A PROCEDURE FOR EACH PUBLIC SCHOOL TO DOCUMENT ANY PROHIBITED INCIDENT THAT IS REPORTED AND A PROCEDURE TO REPORT ALL VERIFIED INCIDENTS OF BULLYING AND THE RESULTING CONSEQUENCES, INCLUDING DISCIPLINE AND REFERRALS, TO THE BOARD OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF THE PUBLIC SCHOOL ACADEMY ON AN ANNUAL BASIS. (N) A DESCRIPTION OF POSSIBLE CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PUPIL WHO COMMITS AN ACT OF BULLYING. THIS PORTION OF THE POLICY SHALL INCLUDE A PROVISION THAT FORMAL DISCIPLINARY ACTION SHALL NOT BE TAKEN SOLELY ON THE BASIS OF AN ANONYMOUS REPORT. (O) A DESCRIPTION OF POSSIBLE CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PUPIL WHO IS DETERMINED TO HAVE KNOWINGLY MADE A FALSE ACCUSATION OF BULLYING AGAINST 1 OR MORE OTHER PUPILS. THE POSSIBLE CONSEQUENCES AND REMEDIAL ACTION FOR A FALSE ACCUSATION OF BULLYING SHALL BE THE SAME AS FOR AN ACT OF BULLYING. THIS PORTION OF THE POLICY SHALL INCLUDE A PROVISION THAT FORMAL DISCIPLINARY ACTION SHALL NOT BE TAKEN SOLELY ON THE BASIS OF AN ANONYMOUS REPORT. (P) A DESCRIPTION OF POSSIBLE CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PUPIL WHO IS DETERMINED TO HAVE KNOWINGLY FALSELY ACCUSED ANOTHER AS A MEANS OF RETALIATION OR REPRISAL OR AS A MEANS OF BULLYING. (Q) A STRATEGY FOR PROVIDING, AS NECESSARY, COUNSELING OR REFERRAL TO APPROPRIATE SERVICES, INCLUDING GUIDANCE, ACADEMIC INTERVENTION, AND PROTECTION, FOR TARGETS OF BULLYING, PERPETRATORS OF BULLYING, OTHER PUPILS, AND APPROPRIATE FAMILY MEMBERS INVOLVED IN OR AFFECTED BY BULLYING OR A FALSE ACCUSATION OF BULLYING. (5) THE LEGISLATURE ENCOURAGES A BOARD OR BOARD OF DIRECTORS TO INCLUDE ALL OF THE FOLLOWING IN THE POLICY REQUIRED UNDER THIS SECTION: (A) PROVISIONS TO FORM BULLYING PREVENTION TASK FORCES, PROGRAMS, TEEN COURTS, AND OTHER INITIATIVES INVOLVING SCHOOL STAFF, PUPILS, SCHOOL CLUBS OR OTHER STUDENT GROUPS, ADMINISTRATORS, VOLUNTEERS, PARENTS, LAW ENFORCEMENT, COMMUNITY MEMBERS, AND OTHER STAKEHOLDERS. (B) A REQUIREMENT FOR PERIODIC TRAINING FOR ADMINISTRATORS, SCHOOL EMPLOYEES, AND VOLUNTEERS WHO HAVE SIGNIFICANT CONTACT WITH PUPILS ON PREVENTING, IDENTIFYING, RESPONDING TO, AND REPORTING INCIDENTS OF BULLYING. (C) A REQUIREMENT FOR EDUCATIONAL PROGRAMS FOR PUPILS AND PARENTS ON PREVENTING, IDENTIFYING, RESPONDING TO, AND REPORTING INCIDENTS OF BULLYING. (6) A SCHOOL EMPLOYEE, SCHOOL VOLUNTEER, PUPIL, OR PARENT OR GUARDIAN WHO PROMPTLY REPORTS IN GOOD FAITH AN ACT OF BULLYING OR A FALSE ACCUSATION OF BULLYING TO THE APPROPRIATE SCHOOL OFFICIAL DESIGNATED IN THE SCHOOL DISTRICT'S OR PUBLIC SCHOOL ACADEMY'S POLICY AND WHO MAKES THIS REPORT IN COMPLIANCE WITH THE PROCEDURES SET FORTH IN THE POLICY IS IMMUNE FROM A CAUSE OF ACTION FOR DAMAGES ARISING OUT OF THE REPORTING ITSELF OR ANY FAILURE TO REMEDY THE REPORTED INCIDENT. (7) THIS SECTION DOES NOT PREVENT A PERSON FROM SEEKING ANY OTHER CIVIL OR CRIMINAL REDRESS AVAILABLE UNDER LAW. (8) THIS SECTION DOES NOT ABRIDGE THE RIGHTS UNDER THE FIRST AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES OR UNDER ARTICLE I OF THE STATE CONSTITUTION OF 1963 OF A SCHOOL EMPLOYEE, SCHOOL VOLUNTEER, PUPIL, OR A PUPIL'S PARENT OR GUARDIAN. THIS SECTION DOES NOT PROHIBIT A STATEMENT OF A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION OF A SCHOOL EMPLOYEE, SCHOOL VOLUNTEER, PUPIL, OR A PUPIL'S PARENT OR GUARDIAN. (9) THIS SECTION APPLIES ONLY TO CONDUCT BY A PUPIL DIRECTED AT 1 OR MORE OTHER PUPILS AND, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, DOES NOT APPLY TO CONDUCT BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, A SCHOOL EMPLOYEE, A SCHOOL VOLUNTEER WHO IS NOT A PUPIL, OR A PUPIL'S PARENT OR GUARDIAN. (10) AS USED IN THIS SECTION: (A) "AT SCHOOL" MEANS IN A CLASSROOM, ELSEWHERE ON SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, OR AT A SCHOOL-SPONSORED ACTIVITY OR EVENT WHETHER OR NOT IT IS HELD ON SCHOOL PREMISES. "AT SCHOOL" INCLUDES CONDUCT USING A TELECOMMUNICATIONS ACCESS DEVICE OR TELECOMMUNICATIONS SERVICE PROVIDER THAT OCCURS OFF SCHOOL PREMISES IF THE TELECOMMUNICATIONS ACCESS DEVICE OR THE TELECOMMUNICATIONS SERVICE PROVIDER IS OWNED BY OR UNDER THE CONTROL OF THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY. (B) "BULLYING" MEANS ANY WRITTEN, VERBAL, OR PHYSICAL ACT, OR ANY ELECTRONIC COMMUNICATION, BY A PUPIL DIRECTED AT 1 OR MORE OTHER PUPILS THAT IS INTENDED OR THAT A REASONABLE PERSON WOULD KNOW IS LIKELY TO HARM 1 OR MORE PUPILS EITHER DIRECTLY OR INDIRECTLY BY DOING ANY OF THE FOLLOWING: (i) SUBSTANTIALLY INTERFERING WITH EDUCATIONAL OPPORTUNITIES, BENEFITS, OR PROGRAMS OF 1 OR MORE PUPILS. (ii) SUBSTANTIALLY AND ADVERSELY AFFECTING THE ABILITY OF A PUPIL TO PARTICIPATE IN OR BENEFIT FROM THE SCHOOL DISTRICT'S OR PUBLIC SCHOOL'S EDUCATIONAL PROGRAMS OR ACTIVITIES BY PLACING THE PUPIL IN REASONABLE FEAR OF PHYSICAL HARM. (iii) HAVING AN ACTUAL AND SUBSTANTIAL DETRIMENTAL EFFECT ON A PUPIL'S PHYSICAL OR MENTAL HEALTH OR CAUSING SUBSTANTIAL EMOTIONAL DISTRESS. (iv) CAUSING SUBSTANTIAL DISRUPTION IN, OR SUBSTANTIAL INTERFERENCE WITH, THE ORDERLY OPERATION OF THE SCHOOL. (C) "TELECOMMUNICATIONS ACCESS DEVICE" AND "TELECOMMUNICATIONS SERVICE PROVIDER" MEAN THOSE TERMS AS DEFINED IN SECTION 219A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.219A. (11) THIS SECTION SHALL BE KNOWN AS "MATT'S SAFE SCHOOL LAW". from [url=http://www.legislature.mi.gov/documents/2011-2012/billengrossed/Senate/pdf/2011-SEBS-0137.pdf]here[/url] I'm guessing this is the part that is causing the problem. (8) THIS SECTION DOES NOT ABRIDGE THE RIGHTS UNDER THE FIRST AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES OR UNDER ARTICLE I OF THE STATE CONSTITUTION OF 1963 OF A SCHOOL EMPLOYEE, SCHOOL VOLUNTEER, PUPIL, OR A PUPIL'S PARENT OR GUARDIAN. THIS SECTION DOES NOT PROHIBIT A STATEMENT OF A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION OF A SCHOOL EMPLOYEE, SCHOOL VOLUNTEER, PUPIL, OR A PUPIL'S PARENT OR GUARDIAN. So, 6 or 7 fucking pages of anti-bullying language, then "bam!"..."unless it's a religious or moral conviction." WTF??? Edited by Skeeve on 11/04/2011 17:50 "The world is my country, and do good is my religion." - Thomas Paine
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Hypatia |
Posted on 11/04/2011 20:32
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![]() ![]() Posts: 2398 Joined: 08/04/2008 |
I'll read the post with the bill when I have more time over the weekend. In the meantime, I'm glad Sen. Whitmer told 'em and asked that her statement be recorded. |
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seeker |
Posted on 11/05/2011 09:54
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![]() ![]() Posts: 2115 Joined: 08/02/2008 |
Absolutely pathetic. The law might as well read, "No bullying unless the people being bullied are people we would bully anyway"
"Those who cannot remember the past are condemned to repeat it." - George Santayana
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catman |
Posted on 11/06/2011 01:20
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![]() ![]() Posts: 3621 Joined: 08/03/2008 |
Now that's what I call "a bully pulpit". Bravo to Senator Whitmer. |
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Bob of QF |
Posted on 11/06/2011 14:11
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![]() Senior Member ![]() Posts: 1791 Joined: 08/04/2008 |
Absolutely fucking sick. The senator was spot-on: it's a license to bully.
Quantum Junction: Use both lanes
Reality is that which is left, after you stop believing. |
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