Senate Bill sb1848

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    Florida Senate - 2005                                  SB 1848

    By Senator Bennett





    21-1046-05

  1                      A bill to be entitled

  2         An act relating to student safety; providing a

  3         short title; providing legislative findings;

  4         providing that this section does not limit

  5         other rights or responsibilities; defining the

  6         term "harassment"; providing that this section

  7         does not limit certain specific rights;

  8         requiring each school district to adopt a

  9         policy prohibiting discrimination and

10         harassment on school property, at a

11         school-sponsored function, or on a school bus;

12         providing minimum requirements for the contents

13         of the policy; requiring the State Board of

14         Education to develop and issue model policies;

15         requiring notice of a school district's policy;

16         requiring educational institutions to develop

17         and put into effect methods for instructing

18         teachers, administrators, and counselors in

19         identifying, preventing, and responding to

20         harassment, discrimination, and violence;

21         providing applicability; providing

22         severability; providing an effective date.

23  

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

25  

26         Section 1.  Student Safety and Campus Violence

27  Prevention Act.--

28         (1)  This section may be cited as the "Student Safety

29  and Campus Violence Prevention Act."

30         (2)  The Legislature finds that:

31  

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    Florida Senate - 2005                                  SB 1848
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 1         (a)  Ensuring the safety of all students in this state

 2  is a compelling state interest.

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

 4  conducive to a learning environment, and are sometimes a

 5  threat and a reality for students. When these conditions

 6  occur, all students in this state are adversely affected.

 7         (c)  Maintaining safety and discipline in schools is

 8  essential for the welfare of all students and for

 9  accomplishing the educational mission of schools. Harassment,

10  discrimination, and violence interfere with efforts to ensure

11  that school environments are conducive to the safety and

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

13  recognizes its responsibilities:

14         1.  To enable all students to learn in a safe school

15  environment.

16         2.  To ensure that every student is provided with a

17  safe educational environment in which to learn.

18         (3)  Harassment, discrimination, or violence against

19  any student or school employee, or the possession of a lethal

20  weapon by any student or school employee, during the conduct

21  of any education program or activity by an educational

22  institution that receives or benefits from state or federal

23  financial assistance, as well as on any school bus traveling

24  to or from a school or a school-related or school-sponsored

25  program or activity, is prohibited. Such prohibited conduct

26  includes:

27         (a)  Harassment and discrimination, including, but not

28  limited to, that which is reasonably perceived as being

29  motivated by the actual or perceived expression or identity of

30  disability, sex, or gender, or any of the characteristics

31  listed in section 877.19(2), Florida Statutes, based on

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    Florida Senate - 2005                                  SB 1848
    21-1046-05




 1  stereotypes of persons identified by these characteristics or

 2  based on association with others identified by these

 3  characteristics.

 4         (b)  Retaliation against a student by another student

 5  or school employee for asserting or alleging a violation of

 6  this section.

 7         (4)  This section does not limit rights or

 8  responsibilities provided under any other provision of law.

 9         (5)  As used in this section, the term "harassment"

10  means any gesture or written, verbal, or physical act that is

11  reasonably perceived as being motivated by any actual or

12  perceived identity or expression of the characteristics listed

13  in section 877.19(2), Florida Statutes, or based on

14  association with an individual who falls into one of the

15  protected categories, and that:

16         (a)  Places a student in reasonable fear of harm to his

17  or her person or damage to his or her property;

18         (b)  Has the effect of substantially interfering with a

19  student's educational performance, opportunities, or benefits;

20  or

21         (c)  Has the effect of substantially disrupting the

22  orderly operation of the school.

23         (6)  This section does not:

24         (a)  Preclude the student's taking any other

25  appropriate action provided by law;

26         (b)  Limit rights or responsibilities provided under

27  any other provision of law; or

28         (c)  Limit the rights afforded to all persons by the

29  United States Constitution or the State Constitution.

30         (7)  Before August 1, 2005, each local school district

31  shall adopt a policy prohibiting discrimination and harassment

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    Florida Senate - 2005                                  SB 1848
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 1  on school property, at a school-sponsored function, or on a

 2  school bus. The school district shall involve parents and

 3  guardians, school employees, volunteers, students,

 4  administrators, and community representatives in the process

 5  of adopting the policy.

 6         (8)  A local school district controls the content of

 7  the policy, except that the policy must contain, at a minimum,

 8  the following components:

 9         (a)  A statement prohibiting discrimination and

10  harassment.

11         (b)  A definition of harassment no less inclusive than

12  that set forth in this section.

13         (c)  A description of the type of behavior expected

14  from each student and school employee.

15         (d)  The consequences and appropriate remedial action

16  for a person who commits an act of discrimination or

17  harassment.

18         (e)  A procedure for reporting an act of discrimination

19  or harassment, including a provision that permits a person to

20  anonymously report an act of discrimination, harassment,

21  intimidation, or bullying. However, this paragraph does not

22  permit formal disciplinary action to be based solely on an

23  anonymous report.

24         (f)  A procedure for the prompt investigation of

25  reports of serious violations and complaints, identifying

26  either the principal or the principal's designee as the person

27  responsible for the investigation.

28         (g)  The range of ways in which a school will respond

29  after an incident of discrimination or harassment is

30  confirmed.

31  

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 1         (h)  A statement that prohibits reprisals or

 2  retaliation against any person who reports an act of

 3  discrimination or harassment, and the consequences and

 4  appropriate remedial action for a person who engages in

 5  reprisals or retaliation.

 6         (i)  The consequences and appropriate remedial action

 7  for a person found to have falsely accused another.

 8         (j)  A statement of how the policy is to be publicized,

 9  including notice that the policy applies to participation in

10  school-sponsored functions.

11         (9)  To assist local school districts in developing

12  policies for the prevention of discrimination and harassment,

13  the State Board of Education shall develop model policies

14  applicable to grades K-12. These model policies must be issued

15  no later than __________.

16         (10)  Notice of a local school district's policy must

17  appear in any school district publication that sets forth the

18  comprehensive rules, procedures, and standards of conduct for

19  schools within the school district and in any student or

20  school employee handbook.

21         (11)  Educational institutions covered under this

22  section shall develop and implement methods and strategies for

23  providing instruction to teachers, school administrators, and

24  counseling staff on identifying, preventing, and responding to

25  all forms of harassment, discrimination, and violence as

26  defined in this section.

27         (12)  This section does not prohibit a victim from

28  seeking redress under any other available law, civil or

29  criminal.

30         (a)  A person who has filed a complaint with a school

31  under this act shall be advised by the school that civil law

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 1  remedies, including, but not limited to, injunctions,

 2  restraining orders, or other remedies or orders may also be

 3  available to complainants. The school shall make this

 4  information available by publication in appropriate

 5  informational materials.

 6         (b)  This section does not require an exhaustion of the

 7  administrative complaint process before civil law remedies may

 8  be pursued.

 9         (c)  A school employee or volunteer who promptly

10  reports an incident of discrimination or harassment to the

11  appropriate school designated by the local school district's

12  policy and who makes this report in compliance with the

13  procedures set forth in the district's policy is immune from a

14  cause of action for damages arising out of any failure to

15  remedy the reported incident.

16         Section 2.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  the act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are severable.

22         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1848
    21-1046-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the "Student Safety and Campus Violence
      Prevention Act." Provides legislative findings. Provides
 4    that this act does not limit other rights or
      responsibilities. Defines the term "harassment." Provides
 5    that the act does not limit certain specific rights.
      Requires each school district to adopt a policy
 6    prohibiting discrimination and harassment on school
      property, at a school-sponsored function, or on a school
 7    bus. Provides minimum requirements for the contents of
      the policy. Requires the State Board of Education to
 8    develop and issue model policies. Requires notice of a
      school district's policy. Requires educational
 9    institutions to develop and put into effect methods for
      instructing teachers, administrators, and counselors in
10    identifying, preventing, and responding to harassment,
      discrimination, and violence. Provides applicability.
11    Provides severability.

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