HB 0275 2004
1	A bill to be entitled
2	An act relating to education; creating s. 1000.055, F.S.,
3	relating to dignity for all students; providing a popular
4	name; providing legislative findings with respect to
5	harassment, discrimination, and violence in Florida
6	schools; prohibiting specified conduct and providing for
7	punitive measures; defining the term "harassment";
8	providing duties of educational institutions; requiring
9	the adoption of rules; providing for technical assistance
10	to educational institutions; amending s. 1003.42, F.S.,
11	relating to required instruction in the public schools;
12	requiring the character-development program curriculum to
13	include information relating to harassment,
14	discrimination, and violence; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 1000.055, Florida Statutes, is created
19	to read:
20	1000.055 Dignity for all students.--
21	(1) This section shall be known by the popular name the
22	"Dignity for All Students Act."
23	(2) The Legislature finds that:
24	(a) Ensuring the safety of all Florida students is a
25	compelling state interest.
26	(b) Harassment, discrimination, and violence are not
27	conducive to a learning environment and are sometimes a threat,
28	and a reality, for Florida students. When they occur, all
29	Florida students are adversely affected.
30	(c) Recent citizen reports and studies, including
31	extensive professional studies conducted by the American
32	Association of University Women Educational Foundation and Human
33	Rights Watch, demonstrate that there is a nationwide problem
34	with harassment of and discrimination and violence against
35	students in schools.
36	(d) Maintaining safety and discipline in schools is
37	essential for the welfare of all students and for accomplishing
38	the educational mission of schools. Harassment, discrimination,
39	and violence interfere with efforts to ensure that school
40	environments are conducive to the safety and learning of all
41	students. In this regard, the Legislature recognizes its
42	responsibilities:
43	1. To enable all students to learn in a safe and healthy
44	school environment.
45	2. To use resources to ensure that every student is
46	provided with a safe, dignified, and welcoming educational
47	environment in which to grow, develop, and mature into a
48	productive and healthy adult.
49	3. To use resources to ensure that all students learn that
50	harassment, discrimination, and violence are socially
51	unacceptable methods of addressing differences.
52	4. To uphold both federal civil rights and constitutional
53	equal protection and due process rights of all school students
54	to reasonable safety at school facilities.
55	(3)(a) Harassment of and discrimination and violence
56	against students on the basis of real or perceived identity or
57	expression of race, color, religion, national origin, marital
58	status, sex or gender, disability, or sexual orientation, on the
59	basis of stereotypes of persons identified by these categories,
60	or on the basis of association with others identified by these
61	categories are prohibited by any student or school employee
62	during the conduct of any education program or activity by an
63	educational institution that receives or benefits from state or
64	federal financial assistance, as well as on any school bus
65	traveling to or from a school or a school-related or school-
66	sponsored program or activity.
67	(b) Retaliation against a student by another student or
68	school employee for asserting or alleging a violation of this
69	section is prohibited.
70	(c) This section is not intended to limit rights or
71	responsibilities provided under any other provision of law.
72	(d) "Harassment" as used in this section means verbal or
73	physical conduct directed at a student based on that student's
74	real or perceived identity or expression of race, color,
75	religion, national origin, marital status, sex or gender,
76	disability, or sexual orientation, that:
77	1. Substantially disrupts or is reasonably expected to
78	substantially disrupt educational operations or substantially
79	disrupts an individual student's educational benefits,
80	opportunities, or performance or an individual student's
81	physical or psychological well-being; or
82	2. Creates an intimidating or hostile environment for one
83	or more students that is sufficiently severe, pervasive, or
84	objectively offensive that it undermines and detracts from the
85	educational experience of the student or students.
86	(4) Educational institutions covered under this section
87	shall develop and implement methods and strategies for the
88	following:
89	(a) Providing procedures for the filing and the prompt
90	processing, hearing, and adjudication of claims of violations of
91	this section, as well as imposition of punitive and remedial
92	measures.
93	(b) Providing instruction to teachers, school
94	administrators, and counseling staff on identifying, preventing,
95	and responding to all forms of harassment, discrimination, and
96	violence that are unlawful under this section.
97	(c) Providing specific and continuing steps to annually
98	notify students, parents, and employees of harassment,
99	discrimination, and violence unlawful under this section, and
100	the procedures for reporting violations. This requirement may be
101	satisfied by including this information in bulletins, handbooks,
102	or other such materials that at least annually publish policies
103	governing student and employee conduct.
104	(d) Promoting school environments that are free of
105	harassment, discrimination, and violence unlawful under this
106	section.
107	(e) Incorporating into civility, citizenship, and
108	character education curricula awareness and sensitivity to the
109	prohibition under this section of harassment, discrimination,
110	and violence.
111	(f) Reporting to the State Board of Education all
112	incidents of harassment, discrimination, and violence in
113	violation of this section.
114	(g) Providing for annual confidential surveys of students
115	as to the hospitableness of school atmospheres towards students
116	on the basis of real or perceived identity or expression of
117	race, color, religion, national origin, marital status, sex or
118	gender, disability, and sexual orientation.
119	(h) Providing guidance and counseling services to students
120	affected by harassment, discrimination, or violence in violation
121	of this section.
122	(i) Providing specified sanctions for students or
123	employees found to have perpetrated harassment of or
124	discrimination or violence against students in violation of this
125	section.
126	(5) The State Board of Education shall adopt rules
127	pursuant to ss. 120.536(1) and 120.54 to implement and monitor
128	compliance with this section.
129	(6) The Office of Equity and Access of the Department of
130	Education shall provide technical assistance to educational
131	institutions covered under this section in identifying
132	harassment, discrimination, and violence unlawful under this
133	section and instructing them on possible remedies for correction
134	and prevention of such harassment, discrimination, and violence.
135	Section 2. Paragraph (q) of subsection (2) of section
136	1003.42, Florida Statutes, is amended to read:
137	1003.42 Required instruction.--
138	(2) Members of the instructional staff of the public
139	schools, subject to the rules of the State Board of Education
140	and the district school board, shall teach efficiently and
141	faithfully, using the books and materials required, following
142	the prescribed courses of study, and employing approved methods
143	of instruction, the following:
144	(q) A character-development program in the elementary
145	schools, similar to Character First or Character Counts,which
146	is secular in nature and stresses such character qualities as
147	attentiveness, patience, and initiative. Beginning in school
148	year 2004-2005, the character-development program shall be
149	required in kindergarten through grade 12. Each district school
150	board shall develop or adopt a curriculum for the character-
151	development program that shall be submitted to the department
152	for approval. The character-development curriculum shall stress
153	the qualities of patriotism, responsibility, citizenship,
154	kindness, respect, honesty, self-control, tolerance, and
155	cooperation. The curriculum shall also stress state policies and
156	laws against harassment of and discrimination and violence
157	against students in schools on the basis of real or perceived
158	identity or expression of race, color, religion, national
159	origin, marital status, sex or gender, disability, or sexual
160	orientation.
161	Section 3. This act shall take effect July 1, 2004.