The actual bill is here: http://www.legislature.mi.gov/documents/2011-2012/billengrossed/Senate/htm/2011-SEBS-0137.htm
It's call "Matt's Safe School Law," though the father of Matt, a teenager who killed himself after bullying has disavowed it.
There are two passages that would seem to limit the law's effectiveness.
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.
In theory, a great thing. Why get into the business of restricting speech? But I see why this is being taken as a guidebook on how to get away with bullying. As long as you have a sincerely held religious reason why you're calling someone a homo, or a ****in' ****, or all sorts or racist terms, you're good. By the way, given the large Muslim population in the Detroit area, I can't wait to hear what community reaction would be to someone who accused a Muslim student of bullying because of terms related to others being infidels. I read where a bill sponsor said this wasn't "intended" as a means to give cover to student who told another that he or she was going to hell, but that sponsor, of all people, should know what paves the road to said hell.
Here is another passage that's problematic:
"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.
Legally, schools can't police Facebook, Twitter and texting, and I'm not sure it's enforceable even if they could. The best bet, if you will, to track bullying that way is to see if that off-hours stuff leads to fights at school. My son's high school principal said his frustration with all of that is that kids are spending their time away from school busting each other, and that leads to fights and tension when they step onto campus together. So the only way someone can report bullying when it comes to that stuff is if it happens to occur during the school day.
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