| 1 | The PreK-12 Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to school safety; creating s. 1006.147, |
| 7 | F.S.; prohibiting bullying and harassment during education |
| 8 | programs and activities, on school buses, or through use |
| 9 | of data or computer software accessed through computer |
| 10 | systems of certain educational institutions; providing |
| 11 | definitions; requiring each school district to adopt a |
| 12 | policy prohibiting such bullying and harassment; providing |
| 13 | minimum requirements for the contents of the policy; |
| 14 | requiring the Department of Education to develop model |
| 15 | policies; providing immunity; providing restrictions with |
| 16 | respect to defense of an action and application of the |
| 17 | section; requiring department approval of a school |
| 18 | district's policy and school district compliance with |
| 19 | reporting procedures as prerequisites to receipt of safe |
| 20 | schools funds; requiring a report on implementation; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
|
| 25 | Section 1. Section 1006.147, Florida Statutes, is created |
| 26 | to read: |
| 27 | 1006.147 Bullying and harassment prohibited.-- |
| 28 | (1) Bullying or harassment of any student or school |
| 29 | employee is prohibited: |
| 30 | (a) During any education program or activity conducted by |
| 31 | a public K-12 educational institution; |
| 32 | (b) During any school-related or school-sponsored program |
| 33 | or activity or on a school bus of a public K-12 educational |
| 34 | institution; or |
| 35 | (c) Through the use of data or computer software that is |
| 36 | accessed through a computer, computer system, or computer |
| 37 | network of a public K-12 educational institution. |
| 38 | (2) For purposes of this section: |
| 39 | (a) "Bullying" means systematically and chronically |
| 40 | inflicting physical hurt or psychological distress on one or |
| 41 | more students and may involve: |
| 42 | 1. Teasing; |
| 43 | 2. Social exclusion; |
| 44 | 3. Threat; |
| 45 | 4. Intimidation; |
| 46 | 5. Stalking; |
| 47 | 6. Physical violence; |
| 48 | 7. Theft; |
| 49 | 8. Sexual or racial harassment; |
| 50 | 9. Public humiliation; or |
| 51 | 10. Destruction of property. |
| 52 | (b) "Harassment" means any threatening, insulting, or |
| 53 | dehumanizing gesture, use of data or computer software, or |
| 54 | written, verbal, or physical conduct directed against a student |
| 55 | or school employee that: |
| 56 | 1. Places a student or school employee in reasonable fear |
| 57 | of harm to his or her person or damage to his or her property; |
| 58 | 2. Has the effect of substantially interfering with a |
| 59 | student's educational performance, opportunities, or benefits; |
| 60 | or |
| 61 | 3. Has the effect of substantially disrupting the orderly |
| 62 | operation of a school. |
| 63 | (c) Definitions in s. 815.03 relating to computer crimes |
| 64 | and s. 784.048 relating to stalking are applicable to this |
| 65 | section. |
| 66 | (d) The terms "bullying" and "harassment" include: |
| 67 | 1. Retaliation against a student or school employee by |
| 68 | another student or school employee for asserting or alleging an |
| 69 | act of bullying or harassment. Reporting an act of bullying or |
| 70 | harassment that is not made in good faith is considered |
| 71 | retaliation. |
| 72 | 2. Perpetuation of conduct listed in paragraph (a) or |
| 73 | paragraph (b) by an individual or group with intent to demean, |
| 74 | dehumanize, embarrass, or cause physical harm to a student or |
| 75 | school employee by: |
| 76 | a. Incitement or coercion; |
| 77 | b. Accessing or knowingly causing or providing access to |
| 78 | data or computer software through a computer, computer system, |
| 79 | or computer network within the scope of the district school |
| 80 | system; or |
| 81 | c. Acting in a manner that has an effect substantially |
| 82 | similar to the effect of bullying or harassment. |
| 83 | (3) By September 1, 2006, each school district shall adopt |
| 84 | a policy prohibiting bullying and harassment on school property, |
| 85 | at a school-related or school-sponsored program or activity, on |
| 86 | a school bus, or through the use of data or computer software |
| 87 | that is accessed through a computer, computer system, or |
| 88 | computer network within the scope of the district school system. |
| 89 | The school district policy shall not establish categories of |
| 90 | students but shall afford all students the same protection |
| 91 | regardless of their status under law. The school district shall |
| 92 | involve students, parents, teachers, administrators, school |
| 93 | staff, school volunteers, community representatives, and local |
| 94 | law enforcement agencies in the process of adopting the policy. |
| 95 | The school district policy must be implemented in a manner that |
| 96 | is ongoing throughout the school year and integrated with a |
| 97 | school's curriculum, a school's discipline policies, and other |
| 98 | violence prevention efforts. The school district policy must |
| 99 | contain, at a minimum, the following components: |
| 100 | (a) A statement prohibiting bullying and harassment. |
| 101 | (b) A definition of bullying and a definition of |
| 102 | harassment. |
| 103 | (c) A description of the type of behavior expected from |
| 104 | each student and school employee. |
| 105 | (d) The consequences for a person who commits an act of |
| 106 | bullying or harassment. |
| 107 | (e) The consequences for a person who is found to have |
| 108 | wrongfully and intentionally accused another of an act of |
| 109 | bullying or harassment. |
| 110 | (f) A procedure for reporting an act of bullying or |
| 111 | harassment, including provisions that permit a person to |
| 112 | anonymously report such an act. However, this paragraph does not |
| 113 | permit formal disciplinary action to be based solely on an |
| 114 | anonymous report. |
| 115 | (g) A procedure for the prompt investigation of a report |
| 116 | of bullying or harassment and the persons responsible for the |
| 117 | investigation. The investigation of a reported act of bullying |
| 118 | or harassment is deemed to be a school-related activity and |
| 119 | begins with a report of such an act. |
| 120 | (h) A process to investigate whether a reported act of |
| 121 | bullying or harassment is within the scope of the district |
| 122 | school system and, if not, a process for referral of such an act |
| 123 | to the appropriate jurisdiction. |
| 124 | (i) A procedure for providing immediate notification to |
| 125 | the parents of a victim of bullying or harassment of all local |
| 126 | agencies where criminal charges may be pursued against the |
| 127 | perpetrator. |
| 128 | (j) A procedure to refer victims and perpetrators of |
| 129 | bullying or harassment for counseling. |
| 130 | (k) A procedure for including incidents of bullying or |
| 131 | harassment in the school's report of safety and discipline data |
| 132 | required under s. 1006.09(6). The report must include each |
| 133 | incident of bullying or harassment and the resulting |
| 134 | consequences, including discipline and referrals. The report |
| 135 | must include in a separate section each reported incident of |
| 136 | bullying or harassment that does not meet the criteria of a |
| 137 | prohibited act under this section with recommendations regarding |
| 138 | such incidents. The Department of Education shall aggregate |
| 139 | information contained in the reports and submit an annual report |
| 140 | to the President of the Senate and the Speaker of the House of |
| 141 | Representatives by January 1. |
| 142 | (l) A procedure for providing instruction to students, |
| 143 | parents, teachers, school administrators, counseling staff, and |
| 144 | school volunteers on identifying, preventing, and responding to |
| 145 | bullying or harassment. |
| 146 | (m) A procedure for regularly reporting to a victim's |
| 147 | parents the actions taken to protect the victim. |
| 148 | (n) A procedure for publicizing the policy, which must |
| 149 | include its publication in the code of student conduct required |
| 150 | under s. 1006.07(2) and in all employee handbooks. |
| 151 | (4) To assist school districts in developing policies for |
| 152 | the prevention of bullying and harassment, the Department of |
| 153 | Education shall develop model policies, which must be provided |
| 154 | to school districts no later than July 1, 2006. |
| 155 | (5) A school employee, school volunteer, student, or |
| 156 | parent who promptly reports in good faith an act of bullying or |
| 157 | harassment to the appropriate school official designated in the |
| 158 | school district's policy and who makes this report in compliance |
| 159 | with the procedures set forth in the policy is immune from a |
| 160 | cause of action for damages arising out of the reporting itself |
| 161 | or any failure to remedy the reported incident. |
| 162 | (6)(a) The physical location or time of access of a |
| 163 | computer-related incident cannot be raised as a defense in any |
| 164 | disciplinary action or prosecution initiated under this section. |
| 165 | (b) This section does not apply to any person who uses |
| 166 | data or computer software that is accessed through a computer, |
| 167 | computer system, or computer network when acting within the |
| 168 | scope of his or her lawful employment or investigating a |
| 169 | violation of this section in accordance with school district |
| 170 | policy. |
| 171 | (7) Distribution of safe schools funds to a school |
| 172 | district provided in the 2007-2008 General Appropriations Act is |
| 173 | contingent upon Department of Education approval of the school |
| 174 | district's bullying and harassment policy. Distribution of safe |
| 175 | schools funds provided to a school district in fiscal year 2008- |
| 176 | 2009 and thereafter shall be contingent upon the school |
| 177 | district's compliance with all reporting procedures contained in |
| 178 | this section. |
| 179 | (8) On or before January of each year, the Commissioner of |
| 180 | Education shall report to the Senate and House of |
| 181 | Representatives committees on education on the implementation of |
| 182 | this section. The report shall include pertinent data such as |
| 183 | incidences of bullying and harassment identified by the school |
| 184 | districts. |
| 185 | (9) Nothing in this section shall be construed to abridge |
| 186 | the rights of students or school employees that are protected by |
| 187 | the First Amendment to the Constitution of the United States. |
| 188 | Section 2. This act shall take effect upon becoming a law. |