Senate Bill sb1384
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Florida Senate - 2006 SB 1384
By Senator Baker
20-1031-06 See HB 535
1 A bill to be entitled
2 An act relating to school safety; creating s.
3 1006.147, F.S.; providing legislative intent;
4 prohibiting bullying and harassment during
5 education programs and activities, on school
6 buses, or through use of data or computer
7 software accessed through computer systems of
8 certain educational institutions; providing
9 definitions; requiring each school district to
10 adopt a policy prohibiting such bullying and
11 harassment; providing minimum requirements for
12 the contents of the policy; requiring the
13 Department of Education to develop model
14 policies; providing immunity; providing
15 restrictions with respect to defense of an
16 action and application of the section;
17 requiring department approval of a school
18 district's policy and school district
19 compliance with reporting procedures as
20 prerequisites to receipt of safe schools funds;
21 requiring a report on implementation; providing
22 an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Section 1006.147, Florida Statutes, is
27 created to read:
28 1006.147 Bullying and harassment prohibited.--
29 (1) It is the intent of the Legislature that school
30 districts take every reasonable precaution to protect students
31 and school employees from the irreparable physiological,
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 physical, emotional, mental, and social harm of bullying and
2 harassment. It is the further intent of the Legislature that
3 nothing in this section be construed to abridge the rights of
4 students or school employees that are protected by the First
5 Amendment to the Constitution of the United States.
6 (2) Bullying or harassment of any student or school
7 employee is prohibited:
8 (a) During any education program or activity conducted
9 by a public K-12 educational institution;
10 (b) During any school-related or school-sponsored
11 program or activity or on a school bus of a public K-12
12 educational institution; or
13 (c) Through the use of data or computer software that
14 is accessed through a computer, computer system, or computer
15 network of a public K-12 educational institution.
16 (3) For purposes of this section:
17 (a) "Bullying" means substantial:
18 1. Teasing;
19 2. Social exclusion;
20 3. Threat;
21 4. Intimidation;
22 5. Physical violence;
23 6. Theft;
24 7. Sexual or racial harassment;
25 8. Public humiliation; or
26 9. Destruction of property.
27 (b) "Harassment" means any threatening, insulting, or
28 dehumanizing gesture, use of data or computer software, or
29 written, verbal, or physical conduct directed against a
30 student or school employee that:
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 1. Places a student or school employee in reasonable
2 fear of harm to his or her person or damage to his or her
3 property;
4 2. Has the effect of substantially interfering with a
5 student's educational performance, opportunities, or benefits;
6 or
7 3. Has the effect of substantially disrupting the
8 orderly operation of a school.
9 (c) Definitions in s. 815.03, which are applicable to
10 chapter 815, the Florida Computer Crimes Act, are applicable
11 to this section.
12 (d) The terms "bullying" and "harassment" include:
13 1. Retaliation against a student or school employee by
14 another student or school employee for asserting or alleging
15 an act of bullying or harassment. Reporting an act of bullying
16 or harassment that is not made in good faith is considered
17 retaliation.
18 2. Perpetuation of conduct listed in paragraph (a) or
19 paragraph (b), by an individual or group, with intent to
20 demean, dehumanize, embarrass, or cause physical harm to a
21 student or school employee, by:
22 a. Incitement or coercion;
23 b. Accessing or knowingly causing or providing access
24 to data or computer software through a computer, computer
25 system, or computer network within the scope of the district
26 school system; or
27 c. Acting in a manner that has an effect substantially
28 similar to the effect of bullying or harassment.
29 (4) By September 1, 2006, each school district shall
30 adopt a policy prohibiting bullying and harassment on school
31 property, at a school-related or school-sponsored program or
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 activity, on a school bus, or through the use of data or
2 computer software that is accessed through a computer,
3 computer system, or computer network within the scope of the
4 district school system. The school district policy shall not
5 establish categories of students but shall afford all students
6 the same protection regardless of their status under law. The
7 school district shall involve students, parents, teachers,
8 administrators, school staff, school volunteers, community
9 representatives, and local law enforcement agencies in the
10 process of adopting the policy. The school district policy
11 must be implemented in a manner that is ongoing throughout the
12 school year and integrated with a school's curriculum, a
13 school's discipline policies, and other violence prevention
14 efforts. The school district policy must contain, at a
15 minimum, the following components:
16 (a) A statement prohibiting bullying and harassment.
17 (b) A definition of bullying and harassment.
18 (c) A description of the type of behavior expected
19 from each student and school employee.
20 (d) The consequences for a person who commits an act
21 of bullying or harassment.
22 (e) The consequences for a person found to have
23 wrongfully and intentionally accused another of an act of
24 bullying or harassment.
25 (f) A procedure for reporting an act of bullying or
26 harassment, including provisions that permit a person to
27 anonymously report such an act. However, this paragraph does
28 not permit formal disciplinary action to be based solely on an
29 anonymous report.
30 (g) A procedure for the prompt investigation of a
31 report of bullying or harassment and the persons responsible
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 for the investigation. The investigation of a reported act of
2 bullying or harassment is deemed to be a school-related
3 activity and begins with a report of such an act.
4 (h) A process to investigate whether a reported act of
5 bullying or harassment is within the scope of the district
6 school system and, if not, a process for referral of such an
7 act to the appropriate jurisdiction.
8 (i) A procedure to refer victims and perpetrators of
9 bullying or harassment for counseling.
10 (j) A procedure for including incidents of bullying or
11 harassment in the school's report of safety and discipline
12 data required under s. 1006.09(6). The report must include
13 each incident of bullying and harassment and the resulting
14 consequences, including discipline and referrals. The report
15 must include in a separate section each reported incident of
16 bullying or harassment that does not meet the criteria of a
17 prohibited act under this section with recommendations
18 regarding such incidents. The Department of Education shall
19 aggregate information contained in the reports and submit an
20 annual report to the President of the Senate and the Speaker
21 of the House of Representatives by January 1.
22 (k) A procedure for providing instruction to students,
23 parents, teachers, school administrators, counseling staff,
24 and school volunteers on identifying, preventing, and
25 responding to bullying or harassment.
26 (l) To the extent permitted under the federal Family
27 Educational Rights and Privacy Act of 1974, as amended, a
28 procedure for monthly reporting to a victim's parents all
29 actions instituted against a perpetrator of bullying or
30 harassment and the action taken to prevent any further acts of
31 bullying or harassment.
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 (m) A procedure for publicizing the policy which must
2 include its publication in the code of student conduct
3 required under s. 1006.07(2) and in all employee handbooks.
4 (5) To assist school districts in developing policies
5 for the prevention of bullying and harassment, the Department
6 of Education shall develop model policies which must be
7 provided to school districts no later than July 1, 2006.
8 (6) A school employee, school volunteer, student, or
9 parent who promptly reports in good faith an act of bullying
10 or harassment to the appropriate school official designated in
11 the school district's policy and who makes this report in
12 compliance with the procedures set forth in the policy is
13 immune from a cause of action for damages arising out of the
14 reporting itself or any failure to remedy the reported
15 incident.
16 (7)(a) The physical location or time of access of a
17 computer-related incident cannot be raised as a defense in any
18 disciplinary action or prosecution initiated under this
19 section.
20 (b) This section does not apply to any person who uses
21 data or computer software that is accessed through a computer,
22 computer system, or computer network when acting within the
23 scope of his or her lawful employment or investigating a
24 violation of this section in accordance with school district
25 policy.
26 (8) Distribution of safe schools funds to a school
27 district provided in the 2007-2008 General Appropriations Act
28 is contingent upon Department of Education approval of the
29 school district's bullying and harassment policy. Distribution
30 of safe schools funds provided to each school district in
31 fiscal year 2008-2009 and thereafter shall be contingent upon
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Florida Senate - 2006 SB 1384
20-1031-06 See HB 535
1 school district compliance with all reporting procedures
2 contained in this section.
3 (9) On or before January of each year, the
4 Commissioner of Education shall report to the Senate and House
5 of Representatives committees on education on the
6 implementation of this section. The report shall include
7 pertinent data such as incidences of bullying and harassment
8 identified by the school districts.
9 Section 2. This act shall take effect upon becoming a
10 law.
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