| 1 | A bill to be entitled |
| 2 | An act relating to school safety; creating s. 1006.147, |
| 3 | F.S.; providing a short title; prohibiting bullying and |
| 4 | harassment of any student or employee of a public K-12 |
| 5 | educational institution; providing definitions; requiring |
| 6 | each school district to adopt a policy prohibiting such |
| 7 | bullying and harassment; providing minimum requirements |
| 8 | for the contents of the policy; requiring the Department |
| 9 | of Education to develop a model policy; providing |
| 10 | immunity; providing restrictions with respect to defense |
| 11 | of an action and application of the section; requiring |
| 12 | department approval of a school district's policy and |
| 13 | school district compliance with reporting procedures as |
| 14 | prerequisites to receipt of safe schools funds; requiring |
| 15 | a report on implementation; providing for construction; |
| 16 | providing for severability; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 1006.147, Florida Statutes, is created |
| 21 | to read: |
| 22 | 1006.147 Bullying and harassment prohibited.-- |
| 23 | (1) This section may be cited as the "Jeffrey Johnston |
| 24 | Stand Up for All Students Act." |
| 25 | (2) Bullying or harassment of any student or employee of a |
| 26 | public K-12 educational institution is prohibited: |
| 27 | (a) During any education program or activity conducted by |
| 28 | a public K-12 educational institution; |
| 29 | (b) During any school-related or school-sponsored program |
| 30 | or activity or on a school bus of a public K-12 educational |
| 31 | institution; or |
| 32 | (c) Through the use of data or computer software that is |
| 33 | accessed through a computer, computer system, or computer |
| 34 | network of a public K-12 educational institution. |
| 35 | (3) For purposes of this section: |
| 36 | (a) "Bullying" means systematically and chronically |
| 37 | inflicting physical hurt or psychological distress on one or |
| 38 | more students and may involve: |
| 39 | 1. Teasing; |
| 40 | 2. Social exclusion; |
| 41 | 3. Threat; |
| 42 | 4. Intimidation; |
| 43 | 5. Stalking; |
| 44 | 6. Physical violence; |
| 45 | 7. Theft; |
| 46 | 8. Sexual, religious, or racial harassment; |
| 47 | 9. Public humiliation; or |
| 48 | 10. Destruction of property. |
| 49 | (b) "Harassment" means any threatening, insulting, or |
| 50 | dehumanizing gesture, use of data or computer software, or |
| 51 | written, verbal, or physical conduct directed against a student |
| 52 | or school employee that: |
| 53 | 1. Places a student or school employee in reasonable fear |
| 54 | of harm to his or her person or damage to his or her property; |
| 55 | 2. Has the effect of substantially interfering with a |
| 56 | student's educational performance, opportunities, or benefits; |
| 57 | or |
| 58 | 3. Has the effect of substantially disrupting the orderly |
| 59 | operation of a school. |
| 60 | (c) Definitions in s. 815.03 and the definition in s. |
| 61 | 784.048(1)(d) relating to stalking are applicable to this |
| 62 | section. |
| 63 | (d) The definitions of "bullying" and "harassment" |
| 64 | include: |
| 65 | 1. Retaliation against a student or school employee by |
| 66 | another student or school employee for asserting or alleging an |
| 67 | act of bullying or harassment. Reporting an act of bullying or |
| 68 | harassment that is not made in good faith is considered |
| 69 | retaliation. |
| 70 | 2. Perpetuation of conduct listed in paragraph (a) or |
| 71 | paragraph (b) by an individual or group with intent to demean, |
| 72 | dehumanize, embarrass, or cause physical harm to a student or |
| 73 | school employee by: |
| 74 | a. Incitement or coercion; |
| 75 | b. Accessing or knowingly causing or providing access to |
| 76 | data or computer software through a computer, computer system, |
| 77 | or computer network within the scope of the district school |
| 78 | system; or |
| 79 | c. Acting in a manner that has an effect substantially |
| 80 | similar to the effect of bullying or harassment. |
| 81 | (4) By December 1, 2008, each school district shall adopt |
| 82 | a policy prohibiting bullying and harassment of any student or |
| 83 | employee of a public K-12 educational institution. Each school |
| 84 | district's policy shall be in substantial conformity with the |
| 85 | Department of Education's model policy mandated in subsection |
| 86 | (5). The school district bullying and harassment policy shall |
| 87 | afford all students the same protection regardless of their |
| 88 | status under the law. The school district may establish separate |
| 89 | discrimination policies that include categories of students. The |
| 90 | school district shall involve students, parents, teachers, |
| 91 | administrators, school staff, school volunteers, community |
| 92 | representatives, and local law enforcement agencies in the |
| 93 | process of adopting the policy. The school district policy must |
| 94 | be implemented in a manner that is ongoing throughout the school |
| 95 | year and integrated with a school's curriculum, a school's |
| 96 | discipline policies, and other violence prevention efforts. The |
| 97 | school district policy must contain, at a minimum, the following |
| 98 | components: |
| 99 | (a) A statement prohibiting bullying and harassment. |
| 100 | (b) A definition of bullying and a definition of |
| 101 | harassment that include the definitions listed in this section. |
| 102 | (c) A description of the type of behavior expected from |
| 103 | each student and employee of a public K-12 educational |
| 104 | institution. |
| 105 | (d) The consequences for a student or employee of a public |
| 106 | K-12 educational institution who commits an act of bullying or |
| 107 | harassment. |
| 108 | (e) The consequences for a student or employee of a public |
| 109 | K-12 educational institution who is found to have wrongfully and |
| 110 | intentionally accused another of an act of bullying or |
| 111 | harassment. |
| 112 | (f) A procedure for reporting an act of bullying or |
| 113 | harassment, including provisions that permit a person to |
| 114 | anonymously report such an act. However, this paragraph does not |
| 115 | permit formal disciplinary action to be based solely on an |
| 116 | anonymous report. |
| 117 | (g) A procedure for the prompt investigation of a report |
| 118 | of bullying or harassment and the persons responsible for the |
| 119 | investigation. The investigation of a reported act of bullying |
| 120 | or harassment is deemed to be a school-related activity and |
| 121 | begins with a report of such an act. |
| 122 | (h) A process to investigate whether a reported act of |
| 123 | bullying or harassment is within the scope of the district |
| 124 | school system and, if not, a process for referral of such an act |
| 125 | to the appropriate jurisdiction. |
| 126 | (i) A procedure for providing immediate notification to |
| 127 | the parents of a victim of bullying or harassment and the |
| 128 | parents of the perpetrator of an act of bullying or harassment, |
| 129 | as well as notification to all local agencies where criminal |
| 130 | charges may be pursued against the perpetrator. |
| 131 | (j) A procedure to refer victims and perpetrators of |
| 132 | bullying or harassment for counseling. |
| 133 | (k) A procedure for including incidents of bullying or |
| 134 | harassment in the school's report of data concerning school |
| 135 | safety and discipline required under s. 1006.09(6). The report |
| 136 | must include each incident of bullying or harassment and the |
| 137 | resulting consequences, including discipline and referrals. The |
| 138 | report must include in a separate section each reported incident |
| 139 | of bullying or harassment that does not meet the criteria of a |
| 140 | prohibited act under this section with recommendations regarding |
| 141 | such incidents. The Department of Education shall aggregate |
| 142 | information contained in the reports. |
| 143 | (l) A procedure for providing instruction to students, |
| 144 | parents, teachers, school administrators, counseling staff, and |
| 145 | school volunteers on identifying, preventing, and responding to |
| 146 | bullying or harassment. |
| 147 | (m) A procedure for regularly reporting to a victim's |
| 148 | parents the actions taken to protect the victim. |
| 149 | (n) A procedure for publicizing the policy, which must |
| 150 | include its publication in the code of student conduct required |
| 151 | under s. 1006.07(2) and in all employee handbooks. |
| 152 | (5) To assist school districts in developing policies |
| 153 | prohibiting bullying and harassment, the Department of Education |
| 154 | shall develop a model policy that shall be provided to school |
| 155 | districts no later than October 1, 2008. |
| 156 | (6) A school employee, school volunteer, student, or |
| 157 | parent who promptly reports in good faith an act of bullying or |
| 158 | harassment to the appropriate school official designated in the |
| 159 | school district's policy and who makes this report in compliance |
| 160 | with the procedures set forth in the policy is immune from a |
| 161 | cause of action for damages arising out of the reporting itself |
| 162 | or any failure to remedy the reported incident. |
| 163 | (7)(a) The physical location or time of access of a |
| 164 | computer-related incident cannot be raised as a defense in any |
| 165 | disciplinary action initiated under this section. |
| 166 | (b) This section does not apply to any person who uses |
| 167 | data or computer software that is accessed through a computer, |
| 168 | computer system, or computer network when acting within the |
| 169 | scope of his or her lawful employment or investigating a |
| 170 | violation of this section in accordance with school district |
| 171 | policy. |
| 172 | (8) Distribution of safe schools funds to a school |
| 173 | district provided in the 2009-2010 General Appropriations Act is |
| 174 | contingent upon and payable to the school district upon the |
| 175 | Department of Education's approval of the school district's |
| 176 | bullying and harassment policy. The department's approval of |
| 177 | each school district's bullying and harassment policy shall be |
| 178 | granted upon certification by the department that the school |
| 179 | district's policy has been submitted to the department and is in |
| 180 | substantial conformity with the department's model bullying and |
| 181 | harassment policy as mandated in subsection (5). Distribution of |
| 182 | safe schools funds provided to a school district in fiscal year |
| 183 | 2010-2011 and thereafter shall be contingent upon and payable to |
| 184 | the school district upon the school district's compliance with |
| 185 | all reporting procedures contained in this section. |
| 186 | (9) On or before January 1 of each year, the Commissioner |
| 187 | of Education shall report to the Governor, the President of the |
| 188 | Senate, and the Speaker of the House of Representatives on the |
| 189 | implementation of this section. The report shall include data |
| 190 | collected pursuant to paragraph (4)(k). |
| 191 | (10) Nothing in this section shall be construed to abridge |
| 192 | the rights of students or school employees that are protected by |
| 193 | the First Amendment to the Constitution of the United States. |
| 194 | Section 2. If any provision of this act or the application |
| 195 | thereof to any person or circumstance is held invalid, the |
| 196 | invalidity shall not affect other provisions or applications of |
| 197 | the act which can be given effect without the invalid provision |
| 198 | or application, and to this end the provisions of this act are |
| 199 | declared severable. |
| 200 | Section 3. This act shall take effect upon becoming a law. |