An Act To Prohibit Bullying in Schools
Maine Legislature, Session 125, LD 1237
Committee Amendment CA_B_H745 (House)
Amends: 20-A MRSA §254

COMMITTEE AMENDMENT .:8" to H.P. 928, L.D. 1237, Bill, "An Act To 
Prohibit Bullying in Schools" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Bullying and Cyberbullying in Schools' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §254, sub-§l1-A is enacted to read: 
ll-A. Model policy; reporting. By January 1, 20l3, the commissioner shall 
develop a model policy to address bullying and cyberbullying for use by school 
administrative units pursuant to section 6554. A copy of the model policy must be sent to 
each school administrative unit in the State and posted on the publicly accessible portion 
of the department's website along with any training and instructional materials related to 
the policy that the commissioner determines necessary. 
A. The commissioner shall create a procedure by which school administrative units 
report substantiated incidents of bullying and cyberbullying to the department on at 
least an annual basis. 
These reports may not contain personally identifying 
information about students or other involved persons, but must delineate the specific 
nature of the incidents, the consequences and the actions taken. 
B. The commissioner may update or revise the model policy and shall post the 
update or revision on the publicly accessible portion of the department's website and 
send a copy of the update or revision to each school administrative unit. 
Sec. 2. 20-A MRSA §lOOl, sub-§15, ~H, as enacted by PL 2005, c. 307, §3, is 
amended to read: 
H. 
Establish policies and procedures to address bullying, harassment and sexual 
harassment as set forth in section 6554. 
Sec. 3. 20-A MRS A §6554 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·B "to H.P. 928, L.D. 1237 
§6554. Prohibition on bullying in public schools 
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 tenus have the following meanings. 
A. 
"Alternative discipline" means disciplinary action other than suspension or 
expulsion from school that is designed to correct and address the root causes of a 
student's specific misbehavior while retaining the student in class or school, or 
restorative school practices to repair the harm done to relationships and persons from 
the student's misbehavior. "Alternative discipline" includes, but is not limited to: 
(1) Meeting with the student and the student's parents; 
(2) Reflective activities, such as requiring the student to write an essay about the 
student's misbehavior; 
(3) Mediation when there is mutual conflict between peers, rather than one-way 
negative behavior, and when both parties freely choose to meet; 
(4) Counseling; 
(5) Anger management; 
(6) Health counseling or intervention; 
(7) Mental health counseling; 
(8) 
Participation in skills building and resolution activities, such as 
social-emotional cognitive skills building, resolution circles and restorative 
conferencing; 
(9) Community service; and 
(10) In-school detention or suspension, which may take place during lunchtime, 
after school or on weekends. 
B. "Bullying" includes, but is not limited to, a written, oral or electronic expression 
or a physical act or gesture or any combination thereof directed at a student or 
students that: 
(1) Has, or a reasonable person would expect it to have, the effect of: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT::j3" to H.P. 928, L.D. 1237 
(a) Physically harming a student or damaging a student's property; or 
(b) Placing a student in reasonable fear of physical harm or damage to the 
student's property; 
(2) Interferes with the rights of a student by: 
(a) 
Creating an intimidating or hostile educational environment for the 
student; or 
(b) 
Interfering with the student's academic performance or ability to 
participate in or benefit from the services, activities or privileges provided by 
a school; or 
(3) Is based on a student's actual or perceived characteristics identified in Title 5, 
section 4602 or 4684-A, or is based on a student's association with a person with 
one or more of these actual or perceived characteristics or any other 
distinguishing characteristics and that has the effect described in subparagraph 
(1) or(2). 
"Bullying" includes cyberbullying. 
C. "Cyberbullying" means bullying through the use of technology or any electronic 
communication, including, but not limited to, a transfer of signs, signals, writing, 
images, sounds, data or intelligence of any nature transmitted by the use of any 
electronic device. including, but not limited to, a computer, telephone. cellular 
telephone, text messaging device and personal digital assistant. 
D. "Retaliation" means an act or gesture against a student for asserting or alleging an 
act of bullying. "Retaliation" also includes reporting that is not made in good faith on 
an act of bullying. 
E. "School grounds" means a school building; property on which a school building 
or facility is located; and property that is owned, leased or used by a school for a 
school-sponsored activity, function, program, instruction or training. "School 
grounds" also includes school-related transportation vehicles. 
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: 
A. Takes place at school or on school grounds, at any school-sponsored or school-
related activity or event or while students are being transported to or from school or 
school-sponsored activities or events; or 
B. Takes place elsewhere or through the use of technology, but only if the bullying 
also infringes on the rights of the student at school as set forth in subsection 2, 
paragraph B. 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT]3 .. to H.P. 928, L.D. 1237 
developed or revised by the commissioner pursuant to section 254, subsection II-A. The 
policies and procedures must include, but are not limited to: 
A. 
A provision identifying the responsibility of students and others on school 
grounds to comply with the policies; 
B. A clear statement that bullying, harassment and sexual harassment and retaliation 
for reporting incidents of such behavior are prohibited; 
C. A provision outlining the responsibility of a superintendent to implement and 
enforce the bullying policies required by this section, including: 
(1) A requirement that the superintendent designate a school principal or other 
school personnel to administer the policies at the school level; and 
(2) 
A procedure for publicly identifying the superintendent's designee or 
designees for administering the policies at the school level; 
D. A requirement that school staff members, coaches and advisors for extracurricular 
and cocurricular activities report incidents of bullying to the school principal or other 
school personnel designated by the superintendent pursuant to paragraph C; 
E. 
Procedures for students, school staff members, parents and others to report 
incidents of bullying. The procedures must permit reports of bullying to be made 
anonymously; 
F. A procedure for promptly investigating and responding to incidents of bullying, 
including written documentation of reported incidents and the outcome of the 
investigations; 
G. A clear statement that any person who engages in bullying, who is determined to 
have knowingly and falsely accused another of bullying or who engages in acts of 
retaliation against a person who reports a suspected incident of bullying is subject to 
disciplinary actions, which actions may include but are not limited to imposing a 
series of graduated consequences that include alternative discipline; 
H. 
A procedure for a person to appeal a decision of a school principal or a 
superintendent's designee related to taking or not taking disciplinary action in 
accordance with the policies adopted pursuant to this subsection. 
The appeals 
procedure must be consistent with other appeals procedures established by the school 
board and may include an appeal to the superintendent; 
1. A procedure to remediate any substantiated incident of bullying to counter the 
negative impact of the bullying and reduce the risk of future bullying incidents, 
which may include referring the victim, perpetrator or other involved persons to 
counseling or other appropriate services; 
J. A process for the school to communicate to the parent of a student who has been 
bullied the measures being taken to ensure the safety of the student who has been 
bullied and to prevent further acts of bullying; and 
K. A procedure for communicating with a local or state law enforcement agency if 
the school principal or the superintendent's designee believes that the pursuit of 
criminal charges or a civil action under the Maine Civil Rights Act is appropriate. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT B "to H.P. 928, L.D. 1237 
School boards may combine the policies and procedures required by this subsection with 
nondiscrimination, harassment and sexual harassment policies and grievance procedures. 
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. 
A. The prohibition on bullying and retaliation and the attendant consequences apply 
to any student, school employee, contractor, visitor or volunteer who engages in 
conduct that constitutes bullying or retaliation. 
B. Any contractor, visitor or volunteer who engages in bullying must be barred from 
school grounds until the superintendent is assured that the person will comply with 
this section and the policies of the school board. 
C. Any organization affiliated with the school that authorizes or engages in bullying 
or retaliation forfeits permission for that organization to operate on school grounds or 
receive any other benefit of affiliation with the school. 
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.' 
SUMMARY 
This amendment replaces the bill, which requires the Commissioner of Education to 
develop a model harassment, intimidation and bullying prevention policy and requires 
that school administrative units adopt a policy based on the model by August 15, 2012. 
The amendment: 
1. Requires the Department of Education to develop a model policy on bullying and 
cyberbullying in accordance with the requirements set forth in the Maine Revised 
Statutes, Title 20-A, section 6554 by January 1,2013; 
2. 
Defines "bullying" to include cyberbullying and establishes a prohibition on 
bullying to ensure a safe and secure student learning environment in public schools in the 
State; 
3. Provides that when a school board revises the school administrative unit's existing 
policies and procedures established to address bullying pursuant to the Maine Revised 
Statutes, Title 20-A, section 1001, subsection 15, the school board shall adopt a policy 
that is consistent with the provisions established to prohibit bullying at school or on 
school grounds, including cyberbullying that takes place at school or elsewhere through 
the use of technology; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~ 
"to RP, 928, LD, 1237 
4. 
Provides that the policy adopted by a school board to address bUllying must 
include the following provisions: 
A. The responsibility of the superintendent or the superintendent's designee to 
implement and enforce the policy; 
B. The requirement that school staff members, including persons involved with 
extracurricular or cocurricular activities, report incidents of bullying; 
C. The procedures for students, school personnel, parents, legal guardians and others 
to report incidents of bullying; 
D, The procedures for promptly investigating and responding to incidents of bullying, 
including communicating measures to ensure the safety of a targeted student and 
prevent further acts of bullying; 
E. A statement of the disciplinary actions that a person who engages in bullying may 
be subjected to, including the imposition of a series of graduated consequences that 
include alternative discipline practices; 
F. A procedure, consistent with the school board's other appeals procedures, to appeal 
the decision of a school principal or superintendent's designee involving disciplinary 
action taken or not taken against a person who engages in bullying; and 
G. A statement that communication with law enforcement officials is permitted if a 
school principal or superintendent's designee believes that the pursuit of civil action 
or criminal charges is appropriate; 
5. Requires a school board to disseminate its policies to address bullying, including 
posting the policies on the school administrative unit's publicly accessible website and 
incorporating details of the policies in the student handbook; 
6. Provides that a superintendent or the superintendent's designee is responsible for 
ensuring that every substantiated incidence of bullying is addressed; 
7. Provides that each school administrative unit shall file its policies to address 
bullying with the Department of Education and requires the Commissioner of Education 
to create a procedure for reporting incidents of bullying and cyberbullying to the 
department on at least an annual basis; and 
8. Provides that a school administrative unit shall provide professional development 
and staff training in the best approaches to implementing its policies to address bUllying. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/15112 
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LD 1237 
LR 614(07) 
An Act To Prohibit Bullying in Schools 
Fiscal Note for Bill as Amended by Committee Amendment ,B" (fi- 74-5 ) 
Committee: Education and Cultural Affairs 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Requires school boards, when amending its policies and procedures that address 
bullying, to include the following: 
- procedures for students, school staff, parents, guardians and others to report 
incidents of bullying including anonymous reporting of bullying; 
- procedures for prompt investigating and responding to incidents of bullying 
including written documentation of reported incidents and the outcome of the 
investigation; 
- procedure for appealing a decision to take or not take disciplinary action; 
- procedure to remediate any substantiated incident of bullying; 
- process to communicate measures being taken to ensure the safety of the targeted 
student and to prevent further acts of bUllying. 
Requires the annual dissemination of the written policy to students, parents, 
guardians, volunteers, administrators, teachers and school staff; posting of policy on 
the school administrative unit's publicly accessible website; and inclusion of the 
policy, in detail, to the student handbook. 
Requires superintendent to address every substantiated incident of bullying. 
Requires local school administrative units to provide professional development and 
staff training in the best approaches to implementing the anti-bullying policy. 
Unit Affected 
Local Cost 
School 
Significant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
LR0614(07) - Fiscal Note - Page 10f2 
Fiscal Detail and Notes 
Additional costs to the Department of Education to create a model policy on bullying, harassment and sexual 
harrassment by January 1, 2013 and to create a procedure under which material incidents of discrimination, 
harassment, sexual harassment, cyberbullying and bullying are reported to the department can be absorbed within 
existing budgeted resources. 
LR0614(07) - Fiscal Note - Page 2 of2