HB 1303

1	A bill to be entitled
2	An act relating to student safety; providing a short
3	title; providing legislative findings; providing that this
4	section does not limit other rights or responsibilities;
5	defining the term "harassment"; providing that this
6	section does not limit certain specific rights; requiring
7	each school district to adopt a policy prohibiting
8	discrimination and harassment on school property, at a
9	school-sponsored function, or on a school bus; providing
10	minimum requirements for the contents of the policy;
11	requiring the State Board of Education to develop and
12	issue model policies; requiring notice of a school
13	district's policy; requiring educational institutions to
14	develop and put into effect methods for instructing
15	teachers, administrators, and counselors in identifying,
16	preventing, and responding to harassment, discrimination,
17	and violence; providing applicability; providing
18	severability; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Student Safety and Campus Violence Prevention
23	Act.--
24	(1)  This section may be cited as the "Student Safety and
25	Campus Violence Prevention Act."
26	(2)  The Legislature finds that:
27	(a)  Ensuring the safety of all students in this state is a
28	compelling state interest.
29	(b)  Harassment, discrimination, and violence are not
30	conducive to a learning environment, and are sometimes a threat
31	and a reality for students. When these conditions occur, all
32	students in this state are adversely affected.
33	(c)  Maintaining safety and discipline in schools is
34	essential for the welfare of all students and for accomplishing
35	the educational mission of schools. Harassment, discrimination,
36	and violence interfere with efforts to ensure that school
37	environments are conducive to the safety and learning of all
38	students. In this regard, the Legislature recognizes its
39	responsibilities:
40	1.  To enable all students to learn in a safe school
41	environment.
42	2.  To ensure that every student is provided with a safe
43	educational environment in which to learn.
44	(3)  Harassment, discrimination, or violence against any
45	student or school employee, or the possession of a lethal weapon
46	by any student or school employee, during the conduct of any
47	education program or activity by an educational institution that
48	receives or benefits from state or federal financial assistance,
49	as well as on any school bus traveling to or from a school or a
50	school-related or school-sponsored program or activity, is
51	prohibited. Such prohibited conduct includes:
52	(a)  Harassment and discrimination, including, but not
53	limited to, that which is reasonably perceived as being
54	motivated by the actual or perceived expression or identity of
55	disability, sex, or gender, or any of the characteristics listed
56	in section 877.19(2), Florida Statutes, based on stereotypes of
57	persons identified by these characteristics or based on
58	association with others identified by these characteristics.
59	(b)  Retaliation against a student by another student or
60	school employee for asserting or alleging a violation of this
61	section.
62	(4)  This section does not limit rights or responsibilities
63	provided under any other provision of law.
64	(5)  As used in this section, the term "harassment" means
65	any gesture or written, verbal, or physical act that is
66	reasonably perceived as being motivated by any actual or
67	perceived identity or expression of the characteristics listed
68	in section 877.19(2), Florida Statutes, or based on association
69	with an individual who falls into one of the protected
70	categories, and that:
71	(a)  Places a student in reasonable fear of harm to his or
72	her person or damage to his or her property;
73	(b)  Has the effect of substantially interfering with a
74	student's educational performance, opportunities, or benefits;
75	or
76	(c)  Has the effect of substantially disrupting the orderly
77	operation of the school.
78	(6)  This section does not:
79	(a)  Preclude the student's taking any other appropriate
80	action provided by law;
81	(b)  Limit rights or responsibilities provided under any
82	other provision of law; or
83	(c)  Limit the rights afforded to all persons by the United
84	States Constitution or the State Constitution.
85	(7)  Before August 1, 2005, each local school district
86	shall adopt a policy prohibiting discrimination and harassment
87	on school property, at a school-sponsored function, or on a
88	school bus. The school district shall involve parents and
89	guardians, school employees, volunteers, students,
90	administrators, and community representatives in the process of
91	adopting the policy.
92	(8)  A local school district controls the content of the
93	policy, except that the policy must contain, at a minimum, the
94	following components:
95	(a)  A statement prohibiting discrimination and harassment.
96	(b)  A definition of harassment no less inclusive than that
97	set forth in this section.
98	(c)  A description of the type of behavior expected from
99	each student and school employee.
100	(d)  The consequences and appropriate remedial action for a
101	person who commits an act of discrimination or harassment.
102	(e)  A procedure for reporting an act of discrimination or
103	harassment, including a provision that permits a person to
104	anonymously report an act of discrimination, harassment,
105	intimidation, or bullying. However, this paragraph does not
106	permit formal disciplinary action to be based solely on an
107	anonymous report.
108	(f)  A procedure for the prompt investigation of reports of
109	serious violations and complaints, identifying either the
110	principal or the principal's designee as the person responsible
111	for the investigation.
112	(g)  The range of ways in which a school will respond after
113	an incident of discrimination or harassment is confirmed.
114	(h)  A statement that prohibits reprisals or retaliation
115	against any person who reports an act of discrimination or
116	harassment, and the consequences and appropriate remedial action
117	for a person who engages in reprisals or retaliation.
118	(i)  The consequences and appropriate remedial action for a
119	person found to have falsely accused another.
120	(j)  A statement of how the policy is to be publicized,
121	including notice that the policy applies to participation in
122	school-sponsored functions.
123	(9)  To assist local school districts in developing
124	policies for the prevention of discrimination and harassment,
125	the State Board of Education shall develop model policies
126	applicable to grades K-12. These model policies must be issued
127	no later than __________.
128	(10)  Notice of a local school district's policy must
129	appear in any school district publication that sets forth the
130	comprehensive rules, procedures, and standards of conduct for
131	schools within the school district and in any student or school
132	employee handbook.
133	(11)  Educational institutions covered under this section
134	shall develop and implement methods and strategies for providing
135	instruction to teachers, school administrators, and counseling
136	staff on identifying, preventing, and responding to all forms of
137	harassment, discrimination, and violence as defined in this
138	section.
139	(12)  This section does not prohibit a victim from seeking
140	redress under any other available law, civil or criminal.
141	(a)  A person who has filed a complaint with a school under
142	this act shall be advised by the school that civil law remedies,
143	including, but not limited to, injunctions, restraining orders,
144	or other remedies or orders may also be available to
145	complainants. The school shall make this information available
146	by publication in appropriate informational materials.
147	(b)  This section does not require an exhaustion of the
148	administrative complaint process before civil law remedies may
149	be pursued.
150	(c)  A school employee or volunteer who promptly reports an
151	incident of discrimination or harassment to the appropriate
152	school designated by the local school district's policy and who
153	makes this report in compliance with the procedures set forth in
154	the district's policy is immune from a cause of action for
155	damages arising out of any failure to remedy the reported
156	incident.
157	Section 2.  If any provision of this act or its application
158	to any person or circumstance is held invalid, the invalidity
159	does not affect other provisions or applications of the act
160	which can be given effect without the invalid provision or
161	application, and to this end the provisions of this act are
162	severable.
163	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.