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S.M. 2011, c. 18
Bill 28, 5th Session, 39th Legislature
The Public Schools Amendment Act (Reporting Bullying and Other Harm)
(Assented to June 16, 2011)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following is added after section 47.1 and before the centred heading that follows it:
The following persons must, if they become aware that a pupil of a school may have engaged in unacceptable conduct while at school, at a prescribed school-approved activity or in other prescribed circumstances, report the matter to the principal of the school as soon as reasonably possible:
(a) an employee of a school board, school division or school district;
(b) a person who has care and charge of one or more pupils during the prescribed school-approved activity.
Subject to the regulations, if the principal believes that a pupil of the school has been harmed as a result of the unacceptable conduct, the principal must, as soon as reasonably possible, notify the pupil's parent or guardian.
When notifying a parent or guardian under subsection (2), the principal must provide the following information:
(a) the nature of the unacceptable conduct that resulted in harm to the pupil;
(b) the nature of the harm to the pupil;
(c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the unacceptable conduct.
When notifying a parent or guardian under subsection (2), the principal must not disclose the name of or any other identifying or personal information about a pupil who engaged in the unacceptable conduct, except in so far as is necessary to comply with subsection (3).
An obligation to make a report respecting unacceptable conduct under this section is in addition to, and not in derogation of, the obligation to report unacceptable conduct under any other enactment.
In this section, "unacceptable conduct" means
(a) abusing another pupil physically, sexually or psychologically, verbally, in writing or otherwise; or
(b) repeated or deliberate bullying of another pupil that is of a serious nature, including cyber-bullying as defined in subsection 47.1(2.1).
The minister may make regulations
(a) for the purpose of subsection (1), prescribing school-approved activities and circumstances in which engaging in unacceptable conduct must be reported;
(b) governing circumstances in which notice under subsection (2) is not required.
This Act comes into force on a day to be fixed by proclamation.