HB 535

1
A bill to be entitled
2An act relating to school safety; creating s. 1006.147,
3F.S.; providing a short title; prohibiting bullying and
4harassment during education programs and activities, on
5school buses, or through use of data or computer software
6accessed through computer systems of certain educational
7institutions; providing definitions; requiring each school
8district to adopt a policy prohibiting such bullying and
9harassment; providing minimum requirements for the
10contents of the policy; requiring the Department of
11Education to develop model policies; providing immunity;
12providing restrictions with respect to defense of an
13action 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)  This section may be cited as the "Jeffrey Johnston
25Stand Up for All Students Act."
26     (2)  Bullying or harassment of any student or school
27employee is prohibited:
28     (a)  During any education program or activity conducted by
29a public K-12 educational institution;
30     (b)  During any school-related or school-sponsored program
31or activity or on a school bus of a public K-12 educational
32institution; or
33     (c)  Through the use of data or computer software that is
34accessed through a computer, computer system, or computer
35network of a public K-12 educational institution.
36     (3)  For purposes of this section:
37     (a)  "Bullying" means systematically and chronically
38inflicting physical hurt or psychological distress on one or
39more students and may involve:
40     1.  Teasing;
41     2.  Social exclusion;
42     3.  Threat;
43     4.  Intimidation;
44     5.  Stalking;
45     6.  Physical violence;
46     7.  Theft;
47     8.  Sexual, religious, or racial harassment;
48     9.  Public humiliation; or
49     10.  Destruction of property.
50     (b)  "Harassment" means any threatening, insulting, or
51dehumanizing gesture, use of data or computer software, or
52written, verbal, or physical conduct directed against a student
53or school employee that:
54     1.  Places a student or school employee in reasonable fear
55of harm to his or her person or damage to his or her property;
56     2.  Has the effect of substantially interfering with a
57student's educational performance, opportunities, or benefits;
58or
59     3.  Has the effect of substantially disrupting the orderly
60operation of a school.
61     (c)  Definitions in s. 815.03 relating to computer crimes
62and s. 784.048 relating to stalking are applicable to this
63section.
64     (d)  The terms "bullying" and "harassment" include:
65     1.  Retaliation against a student or school employee by
66another student or school employee for asserting or alleging an
67act of bullying or harassment. Reporting an act of bullying or
68harassment that is not made in good faith is considered
69retaliation.
70     2.  Perpetuation of conduct listed in paragraph (a) or
71paragraph (b) by an individual or group with intent to demean,
72dehumanize, embarrass, or cause physical harm to a student or
73school employee by:
74     a.  Incitement or coercion;
75     b.  Accessing or knowingly causing or providing access to
76data or computer software through a computer, computer system,
77or computer network within the scope of the district school
78system; or
79     c.  Acting in a manner that has an effect substantially
80similar to the effect of bullying or harassment.
81     (4)  By September 1, 2006, each school district shall adopt
82a policy prohibiting bullying and harassment on school property,
83at a school-related or school-sponsored program or activity, on
84a school bus, or through the use of data or computer software
85that is accessed through a computer, computer system, or
86computer network within the scope of the district school system.
87The school district bullying and harassment policy shall afford
88all students the same protection regardless of their status
89under the law. The school district may establish separate
90discrimination policies that include categories of students. The
91school district shall involve students, parents, teachers,
92administrators, school staff, school volunteers, community
93representatives, and local law enforcement agencies in the
94process of adopting the policy. The school district policy must
95be implemented in a manner that is ongoing throughout the school
96year and integrated with a school's curriculum, a school's
97discipline policies, and other violence prevention efforts. The
98school district policy must contain, at a minimum, the following
99components:
100     (a)  A statement prohibiting bullying and harassment.
101     (b)  A definition of bullying and a definition of
102harassment.
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 who is found to have
108wrongfully and intentionally accused another of an act of
109bullying or harassment.
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 for providing immediate notification to
125the parents of a victim of bullying or harassment of all local
126agencies where criminal charges may be pursued against the
127perpetrator.
128     (j)  A procedure to refer victims and perpetrators of
129bullying or harassment for counseling.
130     (k)  A procedure for including incidents of bullying or
131harassment in the school's report of safety and discipline data
132required under s. 1006.09(6). The report must include each
133incident of bullying or harassment and the resulting
134consequences, including discipline and referrals. The report
135must include in a separate section each reported incident of
136bullying or harassment that does not meet the criteria of a
137prohibited act under this section with recommendations regarding
138such incidents. The Department of Education shall aggregate
139information contained in the reports.
140     (l)  A procedure for providing instruction to students,
141parents, teachers, school administrators, counseling staff, and
142school volunteers on identifying, preventing, and responding to
143bullying or harassment.
144     (m)  A procedure for regularly reporting to a victim's
145parents the actions taken to protect the victim.
146     (n)  A procedure for publicizing the policy, which must
147include its publication in the code of student conduct required
148under s. 1006.07(2) and in all employee handbooks.
149     (5)  To assist school districts in developing policies for
150the prevention of bullying and harassment, the Department of
151Education shall develop model policies, which must be provided
152to school districts no later than July 1, 2006.
153     (6)  A school employee, school volunteer, student, or
154parent who promptly reports in good faith an act of bullying or
155harassment to the appropriate school official designated in the
156school district's policy and who makes this report in compliance
157with the procedures set forth in the policy is immune from a
158cause of action for damages arising out of the reporting itself
159or any failure to remedy the reported incident.
160     (7)(a)  The physical location or time of access of a
161computer-related incident cannot be raised as a defense in any
162disciplinary action or prosecution initiated under this section.
163     (b)  This section does not apply to any person who uses
164data or computer software that is accessed through a computer,
165computer system, or computer network when acting within the
166scope of his or her lawful employment or investigating a
167violation of this section in accordance with school district
168policy.
169     (8)  Distribution of safe schools funds to a school
170district provided in the 2007-2008 General Appropriations Act is
171contingent upon Department of Education approval of the school
172district's bullying and harassment policy. Distribution of safe
173schools funds provided to a school district in fiscal year 2008-
1742009 and thereafter shall be contingent upon the school
175district's compliance with all reporting procedures contained in
176this section.
177     (9)  On or before January 1 of each year, the Commissioner
178of Education shall report to the Governor, the President of the
179Senate, and the Speaker of the House of Representatives on the
180implementation of this section. The report shall include data
181collected pursuant to paragraph (4)(k).
182     (10)  Nothing in this section shall be construed to abridge
183the rights of students or school employees that are protected by
184the First Amendment to the Constitution of the United States.
185     Section 2.  This act shall take effect upon becoming a law.


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