An Act To Prohibit Bullying in Schools
Maine Legislature, Session 125, LD 1237
Committee: Education and Cultural Affairs
Sponsors: MORRISON, BARTLETT, BLODGETT, CAREY, CLARKE, HARLOW, NELSON, ROTUNDO, RUSSELL, VALENTINO
Amends: 20-A MRSA §4010

Legislative Document 
No. 1237 
H.P. 928 
House of Representatives, March 22, 2011 
An Act To Prohibit Bullying in Schools 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MORRISON of South Portland. 
Cosponsored by Senator BARTLETT of Cumberland and 
Representatives: BLODGETT of Augusta, CAREY of Lewiston, CLARKE of Bath, 
HARLOW of Portland, NELSON of Falmouth, ROTUNDO of Lewiston, RUSSELL of 
Portland, VALENTINO of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §4010 is enacted to read: 
§4010.  Harassment, intimidation and bullying prevention policies 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Electronic," with respect to an act of communication, means transmitted by wire, 
radio, optical cable, electromagnetic means or other similar means. 
B.  "Harassment, intimidation or bullying" means any intentional electronic, written, 
verbal or physical act that: 
(1)  Physically harms a student or damages a student's property; 
(2)  Has the effect of substantially interfering with a student's education; 
(3)  Is so severe, persistent or pervasive that it creates an intimidating or 
threatening educational environment; 
(4)  Disparages or ridicules a race, skin color, religion, ancestry, national origin, 
gender, sexual orientation or mental, physical or sensory handicap or other 
distinguishing characteristic, although an affected student is not required to 
possess a characteristic under this subparagraph that is the basis for the 
harassment, intimidation or bullying; or 
(5)  Has the effect of substantially disrupting the orderly operation of the school. 
2.  Adoption of policy.  By August 15, 2012, a school administrative unit shall adopt 
a policy that incorporates the revised model policy provided under subsection 4 to 
prevent the harassment, intimidation or bullying of any student. A policy adopted under 
this subsection must emphasize positive character traits and values, including the 
importance of civil and respectful speech and conduct and the responsibility of students 
to comply with the policy. A school administrative unit must communicate the policy to 
parents, guardians, teachers, school employees, volunteers, students, administrators and 
community representatives in accordance with subsection 3 and rules adopted by the 
commissioner under subsection 6. A school administrative unit shall designate one person 
in the school administrative unit as the primary contact person regarding the policy. The 
primary contact person must receive copies of all formal and informal complaints 
concerning the policy or conduct prohibited by the policy and shall implement the policy 
and serve as the primary contact person for the policy between the school administrative 
unit and parents, guardians, teachers, school employees, volunteers, students, 
administrators, community representatives and the department. 
3.  Adoption process. A policy under subsection 2 must be adopted or revised by a 
school administrative unit through a process that includes representation of parents, 
guardians, school employees, volunteers, students, administrators and community 
representatives. 
4.  Model policy.  By February 15, 2012, the commissioner shall develop a model 
harassment, intimidation and bullying prevention policy for use by school administrative 
units pursuant to subsection 2. 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 committee determines necessary.  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. 
5.  School administrative units' policies. By August 15, 2012, each school 
administrative unit shall provide the commissioner with the school administrative unit's 
policy required under subsection 2 and a brief summary of any procedures, programs, 
partnerships, vendors or instructional and training materials relating to that policy, which 
must be posted on the publicly accessible portions of the department's website and school 
administrative unit's website. The publicly accessible portion of the department's website 
must provide a link to each school administrative unit's website. If a school 
administrative unit updates or revises a policy required under subsection 2, the school 
administrative unit shall provide a copy of the update or revision to the commissioner to 
be posted on the publicly accessible portion of the department's website and shall post the 
update or revision on the publicly accessible portion of the school administrative unit's 
website. 
6.  Rules.  The commissioner may adopt rules regarding school administrative units' 
communication of policies required under subsection 2 to parents, guardians, teachers, 
school employees, volunteers, students, administrators and community representatives 
and to carry out the purposes of this section.  Rules adopted pursuant to this subsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Advisory committee.  The Commissioner of Education shall form a 
school harassment, intimidation and bullying prevention advisory committee composed 
of representatives of parents, guardians, teachers, school employees, volunteers, students, 
administrators, community representatives, the Maine School Superintendents 
Association, the Maine Principals' Association and other interested parties.  By February 
15, 2012, the committee shall assist the Commissioner of Education in developing a 
model harassment, intimidation and bullying prevention policy to be used by school 
administrative units pursuant to the Maine Revised Statutes, Title 20-A, section 4010. 
SUMMARY 
This bill requires each school administrative unit to adopt, by August 15, 2012, a 
harassment, intimidation and bullying prevention policy based upon a model policy 
developed by the Commissioner of Education in conjunction with an advisory committee 
composed of representatives of parents, guardians, teachers, school employees, 
volunteers, students, administrators, community representatives, the Maine School 
Superintendents Association, the Maine Principals' Association and other interested 
parties. Harassment, intimidation and bullying prevention policies must be posted on the 
publicly accessible portions of the Department of Education's website and the respective 
school administrative unit's website.