HB 535

1
A bill to be entitled
2An act relating to school safety; creating s. 1006.147,
3F.S.; providing legislative intent; prohibiting bullying
4and harassment during education programs and activities,
5on school buses, or through use of data or computer
6software accessed through computer systems of certain
7educational institutions; providing definitions; requiring
8each school district to adopt a policy prohibiting such
9bullying and harassment; providing minimum requirements
10for the contents of the policy; requiring the Department
11of Education to develop model policies; providing
12immunity; providing restrictions with respect to defense
13of an action and application of the section; requiring
14department approval of a school district's policy and
15school district compliance with reporting procedures as
16prerequisites to receipt of safe schools funds; requiring
17a report on implementation; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 1006.147, Florida Statutes, is created
22to read:
23     1006.147  Bullying and harassment prohibited.--
24     (1)  It is the intent of the Legislature that school
25districts take every reasonable precaution to protect students
26and school employees from the irreparable physiological,
27physical, emotional, mental, and social harm of bullying and
28harassment. It is the further intent of the Legislature that
29nothing in this section be construed to abridge the rights of
30students or school employees that are protected by the First
31Amendment to the Constitution of the United States.
32     (2)  Bullying or harassment of any student or school
33employee is prohibited:
34     (a)  During any education program or activity conducted by
35a public K-12 educational institution;
36     (b)  During any school-related or school-sponsored program
37or activity or on a school bus of a public K-12 educational
38institution; or
39     (c)  Through the use of data or computer software that is
40accessed through a computer, computer system, or computer
41network of a public K-12 educational institution.
42     (3)  For purposes of this section:
43     (a)  "Bullying" means substantial:
44     1.  Teasing;
45     2.  Social exclusion;
46     3.  Threat;
47     4.  Intimidation;
48     5.  Physical violence;
49     6.  Theft;
50     7.  Sexual or racial harassment;
51     8.  Public humiliation; or
52     9.  Destruction of property.
53     (b)  "Harassment" means any threatening, insulting, or
54dehumanizing gesture, use of data or computer software, or
55written, verbal, or physical conduct directed against a student
56or school employee that:
57     1.  Places a student or school employee in reasonable fear
58of harm to his or her person or damage to his or her property;
59     2.  Has the effect of substantially interfering with a
60student's educational performance, opportunities, or benefits;
61or
62     3.  Has the effect of substantially disrupting the orderly
63operation of a school.
64     (c)  Definitions in s. 815.03, which are applicable to
65chapter 815, the Florida Computer Crimes Act, are applicable to
66this section.
67     (d)  The terms "bullying" and "harassment" include:
68     1.  Retaliation against a student or school employee by
69another student or school employee for asserting or alleging an
70act of bullying or harassment. Reporting an act of bullying or
71harassment that is not made in good faith is considered
72retaliation.
73     2.  Perpetuation of conduct listed in paragraph (a) or
74paragraph (b), by an individual or group, with intent to demean,
75dehumanize, embarrass, or cause physical harm to a student or
76school employee, by:
77     a.  Incitement or coercion;
78     b.  Accessing or knowingly causing or providing access to
79data or computer software through a computer, computer system,
80or computer network within the scope of the district school
81system; or
82     c.  Acting in a manner that has an effect substantially
83similar to the effect of bullying or harassment.
84     (4)  By September 1, 2006, each school district shall adopt
85a policy prohibiting bullying and harassment on school property,
86at a school-related or school-sponsored program or activity, on
87a school bus, or through the use of data or computer software
88that is accessed through a computer, computer system, or
89computer network within the scope of the district school system.
90The school district policy shall not establish categories of
91students but shall afford all students the same protection
92regardless of their status under law. The school district shall
93involve students, parents, teachers, administrators, school
94staff, school volunteers, community representatives, and local
95law enforcement agencies in the process of adopting the policy.
96The school district policy must be implemented in a manner that
97is ongoing throughout the school year and integrated with a
98school's curriculum, a school's discipline policies, and other
99violence prevention efforts. The school district policy must
100contain, at a minimum, the following components:
101     (a)  A statement prohibiting bullying and harassment.
102     (b)  A definition of bullying and harassment.
103     (c)  A description of the type of behavior expected from
104each student and school employee.
105     (d)  The consequences for a person who commits an act of
106bullying or harassment.
107     (e)  The consequences for a person found to have wrongfully
108and intentionally accused another of an act of bullying or
109harassment.
110     (f)  A procedure for reporting an act of bullying or
111harassment, including provisions that permit a person to
112anonymously report such an act. However, this paragraph does not
113permit formal disciplinary action to be based solely on an
114anonymous report.
115     (g)  A procedure for the prompt investigation of a report
116of bullying or harassment and the persons responsible for the
117investigation. The investigation of a reported act of bullying
118or harassment is deemed to be a school-related activity and
119begins with a report of such an act.
120     (h)  A process to investigate whether a reported act of
121bullying or harassment is within the scope of the district
122school system and, if not, a process for referral of such an act
123to the appropriate jurisdiction.
124     (i)  A procedure to refer victims and perpetrators of
125bullying or harassment for counseling.
126     (j)  A procedure for including incidents of bullying or
127harassment in the school's report of safety and discipline data
128required under s. 1006.09(6). The report must include each
129incident of bullying and harassment and the resulting
130consequences, including discipline and referrals. The report
131must include in a separate section each reported incident of
132bullying or harassment that does not meet the criteria of a
133prohibited act under this section with recommendations regarding
134such incidents. The Department of Education shall aggregate
135information contained in the reports and submit an annual report
136to the President of the Senate and the Speaker of the House of
137Representatives by January 1.
138     (k)  A procedure for providing instruction to students,
139parents, teachers, school administrators, counseling staff, and
140school volunteers on identifying, preventing, and responding to
141bullying or harassment.
142     (l)  To the extent permitted under the federal Family
143Educational Rights and Privacy Act of 1974, as amended, a
144procedure for monthly reporting to a victim's parents all
145actions instituted against a perpetrator of bullying or
146harassment and the action taken to prevent any further acts of
147bullying or harassment.
148     (m)  A procedure for publicizing the policy which must
149include its publication in the code of student conduct required
150under s. 1006.07(2) and in all employee handbooks.
151     (5)  To assist school districts in developing policies for
152the prevention of bullying and harassment, the Department of
153Education shall develop model policies which must be provided to
154school districts no later than July 1, 2006.
155     (6)  A school employee, school volunteer, student, or
156parent who promptly reports in good faith an act of bullying or
157harassment to the appropriate school official designated in the
158school district's policy and who makes this report in compliance
159with the procedures set forth in the policy is immune from a
160cause of action for damages arising out of the reporting itself
161or any failure to remedy the reported incident.
162     (7)(a)  The physical location or time of access of a
163computer-related incident cannot be raised as a defense in any
164disciplinary action or prosecution initiated under this section.
165     (b)  This section does not apply to any person who uses
166data or computer software that is accessed through a computer,
167computer system, or computer network when acting within the
168scope of his or her lawful employment or investigating a
169violation of this section in accordance with school district
170policy.
171     (8)  Distribution of safe schools funds to a school
172district provided in the 2007-2008 General Appropriations Act is
173contingent upon Department of Education approval of the school
174district's bullying and harassment policy. Distribution of safe
175schools funds provided to each school district in fiscal year
1762008-2009 and thereafter shall be contingent upon school
177district compliance with all reporting procedures contained in
178this section.
179     (9)  On or before January of each year, the Commissioner of
180Education shall report to the Senate and House of
181Representatives committees on education on the implementation of
182this section. The report shall include pertinent data such as
183incidences of bullying and harassment identified by the school
184districts.
185     Section 2.  This act shall take effect upon becoming a law.


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