Senate Bill sb0294

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    Florida Senate - 2002                                   SB 294

    By Senator Campbell





    33-143A-02

  1                      A bill to be entitled

  2         An act relating to education; creating s.

  3         228.2005, F.S.; creating the Florida Dignity

  4         for All Students Act; providing legislative

  5         findings with respect to harassment,

  6         discrimination, and violence in Florida

  7         schools; prohibiting specified conduct and

  8         providing for punitive measures; defining the

  9         term "harassment"; providing duties of

10         educational institutions; requiring the

11         adoption of rules; providing for technical

12         assistance to educational institutions;

13         amending s. 233.061, F.S., relating to required

14         instruction in the public schools; requiring

15         the character-development program to include

16         information relating to harassment,

17         discrimination, and violence; providing an

18         effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 228.2005, Florida Statutes, is

23  created to read:

24         228.2005  Florida Dignity for All Students Act.--

25         (1)  This act may be cited as the "Florida Dignity for

26  All Students Act."

27         (2)  The Legislature finds that:

28         (a)  Ensuring the safety of all Florida students is a

29  compelling state interest.

30         (b)  Harassment, discrimination, and violence are not

31  conducive to a learning environment and are sometimes a

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    Florida Senate - 2002                                   SB 294
    33-143A-02




  1  threat, and a reality, for Florida students. When they occur,

  2  all Florida students are adversely affected.

  3         (c)  Recent citizen reports and studies, including

  4  extensive professional studies conducted by the American

  5  Association of University Women Educational Foundation and

  6  Human Rights Watch, demonstrate that there is a nationwide

  7  problem with harassment of and discrimination and violence

  8  against students in schools.

  9         (d)  Maintaining safety and discipline in schools is

10  essential for the welfare of all students and to accomplish

11  the educational mission of schools. Harassment,

12  discrimination, and violence interfere with efforts to ensure

13  that school environments are conducive to the safety and

14  learning of all students. In this regard, the Legislature

15  recognizes its responsibilities:

16         1.  To enable all students to learn in a safe and

17  healthy school environment.

18         2.  To use resources to ensure that every student is

19  provided with a safe, dignified, and welcoming educational

20  environment in which to grow, develop, and mature into a

21  productive and healthy adult.

22         3.  To use resources to ensure that all students learn

23  that harassment, discrimination, and violence are socially

24  unacceptable methods of addressing differences.

25         4.  To uphold both federal civil rights and

26  constitutional equal protection and due process rights of all

27  school students to reasonable safety at school facilities.

28         (3)(a)  Harassment of and discrimination and violence

29  against students on the basis of real or perceived identity or

30  expression of race, color, religion, national origin, marital

31  status, sex or gender, handicap, or sexual orientation, on the

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    Florida Senate - 2002                                   SB 294
    33-143A-02




  1  basis of stereotypes of persons identified by these

  2  categories, or on the basis of association with others

  3  identified by these categories are prohibited by any student

  4  or school employee during the conduct of any education program

  5  or activity by an educational institution which receives or

  6  benefits from state or federal financial assistance, as well

  7  as on any school bus traveling to or from a school or a

  8  school-related or school-sponsored program or activity.

  9         (b)  Retaliation against a student by another student

10  or school employee for asserting or alleging a violation of

11  this act is prohibited.

12         (c)  This act is not intended to limit rights or

13  responsibilities provided under any other provision of law.

14         (d)  "Harassment" as used in this act means verbal or

15  physical conduct directed at a student based on that student's

16  real or perceived identity or expression of race, color,

17  religion, national origin, marital status, sex or gender,

18  handicap, or sexual orientation, that:

19         1.  Substantially disrupts or is reasonably expected to

20  substantially disrupt educational operations, or substantially

21  disrupts an individual student's educational benefits,

22  opportunities, or performance or an individual student's

23  physical or psychological well-being; or

24         2.  Creates an intimidating or hostile environment for

25  one or more students that is sufficiently severe, pervasive,

26  or objectively offensive that it undermines and detracts from

27  the educational experience of the student or students.

28         (4)  Educational institutions covered under this act

29  shall develop and implement methods and strategies for the

30  following:

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  1         (a)  Providing procedures for the filing and the prompt

  2  processing, hearing, and adjudication of claims of violations

  3  of this act, as well as imposition of punitive and remedial

  4  measures.

  5         (b)  Providing instruction to teachers, school

  6  administrators, and counseling staff on identifying,

  7  preventing, and responding to all forms of harassment,

  8  discrimination, and violence that are unlawful under this act.

  9         (c)  Providing specific and continuing steps to

10  annually notify students, parents, and employees of

11  harassment, discrimination, and violence unlawful under this

12  act, and the procedures for reporting violations. This

13  requirement may be satisfied by including this information in

14  bulletins, handbooks, or other such materials which publish at

15  least annually policies governing student and employee

16  conduct.

17         (d)  Promoting school environments which are free of

18  harassment, discrimination, and violence unlawful under this

19  act.

20         (e)  Incorporating into civility, citizenship, and

21  character education curricula awareness and sensitivity to the

22  prohibition under this act of harassment, discrimination, and

23  violence.

24         (f)  Reporting to the Florida Board of Education all

25  incidents of harassment, discrimination, and violence in

26  violation of this act.

27         (g)  Providing for annual confidential surveys of

28  students as to the hospitability of school atmospheres towards

29  students on the basis of real or perceived identity or

30  expression of race, color, religion, national origin, marital

31  status, sex or gender, handicap, and sexual orientation.

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  1         (h)  Providing guidance and counseling services to

  2  students affected by harassment, discrimination, or violence

  3  in violation of this act.

  4         (i)  Providing specified sanctions for students or

  5  employees found to have perpetrated harassment of or

  6  discrimination or violence against students in violation of

  7  this act.

  8         (5)  The Florida Board of Education shall adopt rules

  9  pursuant to ss. 120.536(1) and 120.54 to implement and monitor

10  compliance with this act.

11         (6)  The Equal Educational Opportunity Program Office

12  of the Department of Education shall provide technical

13  assistance to educational institutions covered under this act

14  in identifying harassment, discrimination, and violence

15  unlawful under this act and instructing them on possible

16  remedies for correction and prevention of such harassment,

17  discrimination, and violence.

18         Section 2.  Paragraph (q) of subsection (2) of section

19  233.061, Florida Statutes, is amended to read:

20         233.061  Required instruction.--

21         (2)  Members of the instructional staff of the public

22  schools, subject to the rules and regulations of the

23  commissioner, the state board, and the school board, shall

24  teach efficiently and faithfully, using the books and

25  materials required, following the prescribed courses of study,

26  and employing approved methods of instruction, the following:

27         (q)  A character-development program in the elementary

28  schools, similar to Character First or Character Counts. Such

29  a program must be secular in nature and must stress such

30  character qualities as attentiveness, patience, and

31  initiative. The program must also stress state policies and

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    Florida Senate - 2002                                   SB 294
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  1  laws against harassment of and discrimination and violence

  2  against students in schools on the basis of real or perceived

  3  identity or expression of race, color, religion, national

  4  origin, marital status, sex or gender, handicap, or sexual

  5  orientation.

  6         Section 3.  This act shall take effect July 1, 2002.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

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      Creates the Florida Dignity for All Students Act to
11    prevent harassment, discrimination, and violence in
      Florida schools. Prohibits harassment of and
12    discrimination and violence against students on the basis
      of real or perceived identity or expression of race,
13    color, religion, national origin, marital status, sex or
      gender, handicap, or sexual orientation. Provides duties
14    of educational institutions. Requires the adoption of
      rules and technical assistance. Requires the
15    character-development program in the public schools to
      include information relating to the prohibition of
16    harassment, discrimination, and violence.

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