75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2599
Sponsored by COMMITTEE ON EDUCATION
CHAPTER ................
AN ACT
Relating to hostile educational environments; creating new
provisions; amending ORS 339.351, 339.356 and 339.359; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.351 is amended to read:
339.351. As used in ORS 339.351 to 339.364:
(1) 'Cyberbullying' means the use of any electronic
communication device to harass, intimidate or bully.
(2) 'Harassment, intimidation or bullying' means any act
that { + :
(a) + } Substantially interferes with a student's educational
benefits, opportunities or performance { + ; + } { - , that - }
{ + (b) + } Takes place on or immediately adjacent to school
grounds, at any school-sponsored activity, on school-provided
transportation or at any official school bus stop { - , and
that - } { + ;
(c) + } Has the effect of:
{ - (a) - } { + (A) + } Physically harming a student or
damaging a student's property;
{ - (b) - } { + (B) + } Knowingly placing a student in
reasonable fear of physical harm to the student or damage to the
student's property; or
{ - (c) - } { + (C) + } Creating a hostile educational
environment { + , including interfering with the psychological
well-being of a student; and + } { - . - }
{ + (d) May be based on, but not be limited to, the protected
class status of a person.
(3) 'Protected class' means a group of persons distinguished,
or perceived to be distinguished, by race, color, religion, sex,
sexual orientation, national origin, marital status, familial
status, source of income or disability. + }
SECTION 2. ORS 339.356 is amended to read:
339.356. (1) Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying and prohibiting
cyberbullying. School districts are encouraged to develop the
policy after consultation with parents { + , + } { - and - }
guardians, school employees, volunteers, students, administrators
and community representatives.
(2) School districts { - are encouraged to - } { + must + }
include in the policy:
Enrolled House Bill 2599 (HB 2599-A) Page 1
(a) A statement prohibiting harassment, intimidation or
bullying and prohibiting cyberbullying { - ; - } { + . + }
(b) Definitions of { + ' + } harassment, { + ' + } { +
' + } intimidation { + ' + } or { + ' + } bullying { + ' + }
and of { + ' + } cyberbullying { + ' + } that are consistent
with ORS 339.351 { - ; - } { + .
(c) Definitions of 'protected class' that are consistent with
ORS 174.100 and 339.351.
(d) A statement of the scope of the policy, including a notice
that the policy applies to behavior at school-sponsored
activities, on school-provided transportation and at any official
school bus stop. + }
{ - (c) - } { + (e) + } A description of the type of
behavior expected from each student { - ; - } { + . + }
{ - (d) - } { + (f) + } A statement of the consequences and
appropriate remedial action for a person who commits an act of
harassment, intimidation or bullying or an act of cyberbullying
{ - ; - } { + . + }
{ - (e) - } { + (g) + } A procedure { + that is uniform
throughout the school district + } for reporting an act of
harassment, intimidation or bullying or an act of cyberbullying
{ - , including a provision that permits - } { + . A procedure
established under this paragraph shall identify by job title the
school officials responsible for receiving such a report at a
school and shall allow + } a person to report an act of
harassment, intimidation or bullying or an act of cyberbullying
anonymously. Nothing in this paragraph may be construed to permit
formal disciplinary action solely on the basis of an anonymous
report { - ; - } { + . + }
{ - (f) - } { + (h) + } A procedure { + that is uniform
throughout the school district + } for prompt investigation of a
report of an act of harassment, intimidation or bullying or an
act of cyberbullying { - ; - } { + . A procedure established
under this paragraph shall identify by job title the school
officials responsible for investigating such a report.
(i) A procedure by which a person may request a school district
to review the actions of a school in responding to a report of an
act of harassment, intimidation or bullying or an act of
cyberbullying or investigating such a report. + }
{ - (g) - } { + (j) + } A statement of the manner in which
{ + a school and + } a school district will respond after an act
of harassment, intimidation or bullying or an act of
cyberbullying is reported, investigated and confirmed { - ; - }
{ + . + }
{ - (h) - } { + (k) + } A statement of the consequences and
appropriate remedial action for a person found to have committed
an act of harassment, intimidation or bullying or an act of
cyberbullying { - ; - } { + . + }
{ - (i) - } { + (L) + } A statement prohibiting reprisal or
retaliation against any person who reports an act of harassment,
intimidation or bullying or an act of cyberbullying and stating
the consequences and appropriate remedial action for a person who
engages in such reprisal or retaliation { - ; - } { + . + }
{ - (j) - } { + (m) + } A statement of the consequences and
appropriate remedial action for a person found to have falsely
accused another of having committed an act of harassment,
intimidation or bullying or an act of cyberbullying as a means of
reprisal or retaliation, as a means of harassment, intimidation
or bullying or as a means of cyberbullying { - ; - } { + . + }
Enrolled House Bill 2599 (HB 2599-A) Page 2
{ - (k) - } { + (n) + } A statement of how the policy is to
be publicized within the district { - , including a notice that
the policy applies to behavior at school-sponsored activities;
and - } { + . At a minimum, a school district shall make the
policy:
(A) Annually available to parents, guardians, school employees
and students in a student or employee handbook; and
(B) Readily available to parents, guardians, school employees,
volunteers, students, administrators and community
representatives at each school office or at the school district
office and, if available, on the website for a school or the
school district. + }
{ - (L) - } { + (o) + } The identification by job title of
school officials { + and school district officials + }
responsible for ensuring that policy is implemented.
{ + (3) A school district that does not comply with the
requirements of this section is considered nonstandard under ORS
327.103. + }
SECTION 3. ORS 339.359 is amended to read:
339.359. { + (1) School districts are encouraged to
incorporate into existing training programs for students and
school employees information related to the prevention of, and
the appropriate response to, acts of harassment, intimidation and
bullying and acts of cyberbullying.
(2) + }School districts are encouraged to form task forces
{ - , - } { + and to implement + } programs and other
initiatives that are aimed at the prevention of { + , and the
appropriate response to, acts of + } harassment, intimidation or
bullying and { + acts + } of cyberbullying and that involve
school employees, students, administrators, volunteers, parents,
guardians, law enforcement and community representatives.
SECTION 4. { + The amendments to ORS 339.351, 339.356 and
339.359 by sections 1 to 3 of this 2009 Act first apply to the
2009-2010 school year. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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Passed by House March 25, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 27, 2009
...........................................................
President of Senate
Enrolled House Bill 2599 (HB 2599-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2599 (HB 2599-A) Page 4