Senate Bill sb1498
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Florida Senate - 2003 SB 1498
By Senator Margolis
35-396-03 See HB 19
1 A bill to be entitled
2 An act relating to education; creating s.
3 1000.055, F.S., relating to dignity for all
4 students; providing a popular name; providing
5 legislative findings with respect to
6 harassment, discrimination, and violence in
7 Florida schools; prohibiting specified conduct
8 and providing for punitive measures; defining
9 the 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. 1003.42, F.S., relating to required
14 instruction in the public schools; requiring
15 the character-development program curriculum to
16 include information relating to harassment,
17 discrimination, and violence; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 1000.055, Florida Statutes, is
23 created to read:
24 1000.055 Dignity for all students.--
25 (1) This section shall be known by the popular name
26 "The Dignity for 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 - 2003 SB 1498
35-396-03 See HB 19
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, disability, or sexual orientation, on
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Florida Senate - 2003 SB 1498
35-396-03 See HB 19
1 the 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 that 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 section is prohibited.
12 (c) This section is not intended to limit rights or
13 responsibilities provided under any other provision of law.
14 (d) "Harassment" as used in this section means verbal
15 or physical conduct directed at a student based on that
16 student's real or perceived identity or expression of race,
17 color, religion, national origin, marital status, sex or
18 gender, disability, 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
29 section shall develop and implement methods and strategies for
30 the following:
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Florida Senate - 2003 SB 1498
35-396-03 See HB 19
1 (a) Providing procedures for the filing and the prompt
2 processing, hearing, and adjudication of claims of violations
3 of this section, as well as imposition of punitive and
4 remedial 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
9 section.
10 (c) Providing specific and continuing steps to
11 annually notify students, parents, and employees of
12 harassment, discrimination, and violence unlawful under this
13 section, and the procedures for reporting violations. This
14 requirement may be satisfied by including this information in
15 bulletins, handbooks, or other such materials that at least
16 annually publish policies governing student and employee
17 conduct.
18 (d) Promoting school environments that are free of
19 harassment, discrimination, and violence unlawful under this
20 section.
21 (e) Incorporating into civility, citizenship, and
22 character education curricula awareness and sensitivity to the
23 prohibition under this section of harassment, discrimination,
24 and violence.
25 (f) Reporting to the State Board of Education all
26 incidents of harassment, discrimination, and violence in
27 violation of this section.
28 (g) Providing for annual confidential surveys of
29 students as to the hospitableness of school atmospheres
30 towards students on the basis of real or perceived identity or
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Florida Senate - 2003 SB 1498
35-396-03 See HB 19
1 expression of race, color, religion, national origin, marital
2 status, sex or gender, disability, and sexual orientation.
3 (h) Providing guidance and counseling services to
4 students affected by harassment, discrimination, or violence
5 in violation of this section.
6 (i) Providing specified sanctions for students or
7 employees found to have perpetrated harassment of or
8 discrimination or violence against students in violation of
9 this section.
10 (5) The State Board of Education shall adopt rules
11 pursuant to ss. 120.536(1) and 120.54 to implement and monitor
12 compliance with this section.
13 (6) The Equal Educational Opportunity Program Office
14 of the Department of Education shall provide technical
15 assistance to educational institutions covered under this
16 section in identifying harassment, discrimination, and
17 violence unlawful under this section and instructing them on
18 possible remedies for correction and prevention of such
19 harassment, discrimination, and violence.
20 Section 2. Paragraph (q) of subsection (2) of section
21 1003.42, Florida Statutes, is amended to read:
22 1003.42 Required instruction.--
23 (2) Members of the instructional staff of the public
24 schools, subject to the rules of the State Board of Education
25 and the district school board, shall teach efficiently and
26 faithfully, using the books and materials required, following
27 the prescribed courses of study, and employing approved
28 methods of instruction, the following:
29 (q) A character-development program in the elementary
30 schools, similar to Character First or Character Counts, which
31 is secular in nature and stresses such character qualities as
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Florida Senate - 2003 SB 1498
35-396-03 See HB 19
1 attentiveness, patience, and initiative. Beginning in school
2 year 2004-2005, the character-development program shall be
3 required in kindergarten through grade 12. Each district
4 school board shall develop or adopt a curriculum for the
5 character-development program that shall be submitted to the
6 department for approval. The character-development curriculum
7 shall stress the qualities of patriotism, responsibility,
8 citizenship, kindness, respect, honesty, self-control,
9 tolerance, and cooperation. The curriculum shall also stress
10 state policies and laws against harassment of and
11 discrimination and violence against students in schools on the
12 basis of real or perceived identity or expression of race,
13 color, religion, national origin, marital status, sex or
14 gender, disability, or sexual orientation.
15 Section 3. This act shall take effect July 1, 2003.
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