1

A bill to be entitled

2

An act relating to the prevention of harassment of

3

students enrolled in K-12 public schools; providing

4

legislative intent and definitions; requiring that school

5

districts adopt a policy prohibiting harassment,

6

intimidation, or bullying of students; providing minimum

7

criteria for the policy; requiring that the Commissioner

8

of Education adopt a model policy that a school district

9

may adopt to meet the minimum criteria; requiring that

10

school districts include notice of the policy in certain

11

publications; prohibiting retaliatory acts by an employee,

12

student, or volunteer of a school against a person who has

13

information concerning an incident of harassment,

14

intimidation, or bullying; requiring reporting by an

15

employee, student, or volunteer of a school who has

16

information concerning such an incident; encouraging

17

schools and school districts to establish initiatives to

18

prevent bullying; requiring school districts to undertake

19

training activities under specified conditions; providing

20

immunity from a civil action for damages under certain

21

conditions; specifying that the act does not otherwise

22

alter liability for any tort or prevent redress under law;

23

providing an effective date.

24

25

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

26

27

     Section 1. Prohibition against and prevention of

28

harassment, intimidation, or bullying of students enrolled in

29

public schools.--

30

     (1) The Legislature finds that a safe and civil environment

31

in school is necessary for students to learn and achieve high

32

academic standards; harassment, intimidation, or bullying, like

33

other disruptive or violent behaviors, disrupts a student's

34

ability to learn and a school's ability to educate its students

35

in a safe environment; and since students learn by example,

36

school administrators, faculty, staff, and volunteers should be

37

commended for demonstrating appropriate behavior, treating others

38

with civility and respect, and refusing to tolerate harassment,

39

intimidation, or bullying.

40

     (2) As used in this section, the term:

41

     (a) "Harassment, intimidation, or bullying" means a gesture

42

or a written, verbal, or physical act that is reasonably

43

perceived as being motivated by any actual or perceived

44

characteristic, such as race, color, religion, ancestry, national

45

origin, gender, sexual orientation, gender identity and

46

expression, a mental, physical or sensory handicap, or another

47

distinguishing characteristic; that takes place at a school-

48

sponsored function, on school property or a school bus, or while

49

a student is waiting for a school bus at a bus stop or traveling

50

on foot or by nonmotorized vehicle between a student's residence

51

and school or a school bus stop; and that:

52

     1. A reasonable person should know, under the

53

circumstances, will have the effect of harming a student,

54

damaging a student's property, or placing a student in reasonable

55

fear of harm to his or her person or damage to his or her

56

property; or

57

     2. Has the effect of insulting or demeaning a student or

58

group of students in such a way that causes substantial

59

disruption in, or substantial interference with, the orderly

60

operation of a school.

61

     (b) "School" has the same meaning as in s. 1003.01, Florida

62

Statutes.

63

     (3)(a) By August 1, 2008, each school district shall adopt

64

a policy prohibiting harassment, intimidation, or bullying. The

65

school district shall endeavor to adopt the policy through a

66

process that includes representation by parents or guardians,

67

school employees, volunteers, students, administrators, and

68

community representatives.

69

     (b) The policy must contain, at a minimum:

70

     1. A statement prohibiting harassment, intimidation, or

71

bullying of a student;

72

     2. A definition of harassment, intimidation, or bullying

73

which is not less inclusive than the definition in subsection

74

(2);

75

     3. A description of the type of behavior expected from each

76

student;

77

     4. A statement of the remedial action that will be taken

78

against a person who commits an act of harassment, intimidation,

79

or bullying;

80

     5. A procedure for reporting an act of harassment,

81

intimidation, or bullying, including a provision that allows a

82

person to report an act of harassment, intimidation, or bullying

83

anonymously; however, this subparagraph does not authorize formal

84

disciplinary action based solely on an anonymous report;

85

     6. A procedure for prompt investigation of reports of

86

violations and complaints, identifying the principal or the

87

principal's designee as the person responsible for the

88

investigation;

89

     7. The range of ways in which the school will respond once

90

an incident of harassment, intimidation, or bullying is

91

identified;

92

     8. A statement prohibiting reprisal or retaliation against

93

any person who reports an act of harassment, intimidation, or

94

bullying, and the remedial action that will be taken against a

95

person who engages in reprisal or retaliation;

96

     9. A statement of the remedial action that will be taken

97

against a person who falsely accuses another as a means of

98

reprisal or retaliation or as a means of harassment,

99

intimidation, or bullying; and

100

     10. A statement of how the policy will be publicized,

101

including notice that the policy applies to persons participating

102

in school-sponsored functions.

103

     (4) By December 1, 2008, the Commissioner of Education

104

shall adopt a model policy that school districts may adopt in

105

order to meet the requirements of subsection (3).

106

     (5) Each school district shall include notice of the school

107

district's policy prohibiting harassment, intimidation, or

108

bullying in each publication of the school district which sets

109

forth the comprehensive rules, procedures, and standards of

110

conduct for schools within the school district and in any student

111

handbook.

112

     (6)(a) A school employee, student, or volunteer may not

113

engage in reprisal or retaliation, including, but not limited to,

114

a false accusation against a victim, witness, or other person who

115

has reliable information about an act of harassment,

116

intimidation, or bullying in an attempt to discourage the person

117

from reporting such information.

118

     (b) A school employee, student, or volunteer who has

119

witnessed, or who has reliable information that a student has

120

been subject to, harassment, intimidation, or bullying shall

121

report the incident to the appropriate school official designated

122

by the school district's policy.

123

     (7)(a) Schools and school districts are encouraged to

124

establish bullying prevention programs and other initiatives

125

involving staff, students, administrators, volunteers, parents,

126

law enforcement officers, and community members.

127

     (b) To the extent funds are appropriated for these

128

purposes, each school district shall:

129

     1. Provide training on the school district's policies

130

concerning harassment, intimidation, or bullying to school

131

employees and volunteers who have significant contact with

132

students; and

133

     2. Develop a process for discussing the district's policies

134

concerning harassment, intimidation, or bullying with students.

135

     (c) Each school shall incorporate information regarding the

136

school district's policies concerning harassment, intimidation,

137

or bullying into its employee training program.

138

     (8) A school employee who reports an incident of

139

harassment, intimidation, or bullying to the appropriate school

140

official designated by the policy adopted by the school district

141

pursuant to subsection (3), and who makes this report in

142

compliance with the procedures adopted by the district under

143

subsection (3), is immune from liability in a cause of action for

144

damages arising from any failure of the school or school district

145

to remedy the reported incident. Except for the immunity from

146

civil liability granted by this subsection, this section does not

147

create or alter liability for any tort or prevent a victim from

148

seeking redress under any criminal or civil law.

149

     Section 2.  This act shall take effect upon becoming a law.