HB 669

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 of any student or employee of a public K-12
5educational institution; providing definitions; requiring
6each school district to adopt a policy prohibiting such
7bullying and harassment; providing minimum requirements
8for the contents of the policy; requiring the Department
9of Education to develop a model policy; providing
10immunity; providing restrictions with respect to defense
11of an action and application of the section; requiring
12department approval of a school district's policy and
13school district compliance with reporting procedures as
14prerequisites to receipt of safe schools funds; requiring
15a report on implementation; providing for construction;
16providing for severability; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 1006.147, Florida Statutes, is created
21to read:
22     1006.147  Bullying and harassment prohibited.--
23     (1)  This section may be cited as the "Jeffrey Johnston
24Stand Up for All Students Act."
25     (2)  Bullying or harassment of any student or employee of a
26public K-12 educational institution is prohibited:
27     (a)  During any education program or activity conducted by
28a public K-12 educational institution;
29     (b)  During any school-related or school-sponsored program
30or activity or on a school bus of a public K-12 educational
31institution; or
32     (c)  Through the use of data or computer software that is
33accessed through a computer, computer system, or computer
34network of a public K-12 educational institution.
35     (3)  For purposes of this section:
36     (a)  "Bullying" means systematically and chronically
37inflicting physical hurt or psychological distress on one or
38more 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
50dehumanizing gesture, use of data or computer software, or
51written, verbal, or physical conduct directed against a student
52or school employee that:
53     1.  Places a student or school employee in reasonable fear
54of harm to his or her person or damage to his or her property;
55     2.  Has the effect of substantially interfering with a
56student's educational performance, opportunities, or benefits;
57or
58     3.  Has the effect of substantially disrupting the orderly
59operation of a school.
60     (c)  Definitions in s. 815.03 and the definition in s.
61784.048(1)(d) relating to stalking are applicable to this
62section.
63     (d)  The definitions of "bullying" and "harassment"
64include:
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 December 1, 2008, each school district shall adopt
82a policy prohibiting bullying and harassment of any student or
83employee of a public K-12 educational institution. Each school
84district's policy shall be in substantial conformity with the
85Department of Education's model policy mandated in subsection
86(5). The school district bullying and harassment policy shall
87afford all students the same protection regardless of their
88status under the law. The school district may establish separate
89discrimination policies that include categories of students. The
90school district shall involve students, parents, teachers,
91administrators, school staff, school volunteers, community
92representatives, and local law enforcement agencies in the
93process of adopting the policy. The school district policy must
94be implemented in a manner that is ongoing throughout the school
95year and integrated with a school's curriculum, a school's
96discipline policies, and other violence prevention efforts. The
97school district policy must contain, at a minimum, the following
98components:
99     (a)  A statement prohibiting bullying and harassment.
100     (b)  A definition of bullying and a definition of
101harassment that include the definitions listed in this section.
102     (c)  A description of the type of behavior expected from
103each student and employee of a public K-12 educational
104institution.
105     (d)  The consequences for a student or employee of a public
106K-12 educational institution who commits an act of bullying or
107harassment.
108     (e)  The consequences for a student or employee of a public
109K-12 educational institution who is found to have wrongfully and
110intentionally accused another of an act of bullying or
111harassment.
112     (f)  A procedure for reporting an act of bullying or
113harassment, including provisions that permit a person to
114anonymously report such an act. However, this paragraph does not
115permit formal disciplinary action to be based solely on an
116anonymous report.
117     (g)  A procedure for the prompt investigation of a report
118of bullying or harassment and the persons responsible for the
119investigation. The investigation of a reported act of bullying
120or harassment is deemed to be a school-related activity and
121begins with a report of such an act. Incidents that require a
122reasonable investigation when reported to appropriate school
123authorities shall include alleged incidents of bullying or
124harassment allegedly committed against a child while the child
125is en route to school aboard a school bus or at a school bus
126stop.
127     (h)  A process to investigate whether a reported act of
128bullying or harassment is within the scope of the district
129school system and, if not, a process for referral of such an act
130to the appropriate jurisdiction.
131     (i)  A procedure for providing immediate notification to
132the parents of a victim of bullying or harassment and the
133parents of the perpetrator of an act of bullying or harassment,
134as well as notification to all local agencies where criminal
135charges may be pursued against the perpetrator.
136     (j)  A procedure to refer victims and perpetrators of
137bullying or harassment for counseling.
138     (k)  A procedure for including incidents of bullying or
139harassment in the school's report of data concerning school
140safety and discipline required under s. 1006.09(6). The report
141must include each incident of bullying or harassment and the
142resulting consequences, including discipline and referrals. The
143report must include in a separate section each reported incident
144of bullying or harassment that does not meet the criteria of a
145prohibited act under this section with recommendations regarding
146such incidents. The Department of Education shall aggregate
147information contained in the reports.
148     (l)  A procedure for providing instruction to students,
149parents, teachers, school administrators, counseling staff, and
150school volunteers on identifying, preventing, and responding to
151bullying or harassment.
152     (m)  A procedure for regularly reporting to a victim's
153parents the actions taken to protect the victim.
154     (n)  A procedure for publicizing the policy, which must
155include its publication in the code of student conduct required
156under s. 1006.07(2) and in all employee handbooks.
157     (5)  To assist school districts in developing policies
158prohibiting bullying and harassment, the Department of Education
159shall develop a model policy that shall be provided to school
160districts no later than October 1, 2008.
161     (6)  A school employee, school volunteer, student, or
162parent who promptly reports in good faith an act of bullying or
163harassment to the appropriate school official designated in the
164school district's policy and who makes this report in compliance
165with the procedures set forth in the policy is immune from a
166cause of action for damages arising out of the reporting itself
167or any failure to remedy the reported incident.
168     (7)(a)  The physical location or time of access of a
169computer-related incident cannot be raised as a defense in any
170disciplinary action initiated under this section.
171     (b)  This section does not apply to any person who uses
172data or computer software that is accessed through a computer,
173computer system, or computer network when acting within the
174scope of his or her lawful employment or investigating a
175violation of this section in accordance with school district
176policy.
177     (8)  Distribution of safe schools funds to a school
178district provided in the 2009-2010 General Appropriations Act is
179contingent upon and payable to the school district upon the
180Department of Education's approval of the school district's
181bullying and harassment policy. The department's approval of
182each school district's bullying and harassment policy shall be
183granted upon certification by the department that the school
184district's policy has been submitted to the department and is in
185substantial conformity with the department's model bullying and
186harassment policy as mandated in subsection (5). Distribution of
187safe schools funds provided to a school district in fiscal year
1882010-2011 and thereafter shall be contingent upon and payable to
189the school district upon the school district's compliance with
190all reporting procedures contained in this section.
191     (9)  On or before January 1 of each year, the Commissioner
192of Education shall report to the Governor, the President of the
193Senate, and the Speaker of the House of Representatives on the
194implementation of this section. The report shall include data
195collected pursuant to paragraph (4)(k).
196     (10)  Nothing in this section shall be construed to abridge
197the rights of students or school employees that are protected by
198the First Amendment to the Constitution of the United States.
199     Section 2.  If any provision of this act or the application
200thereof to any person or circumstance is held invalid, the
201invalidity shall not affect other provisions or applications of
202the act which can be given effect without the invalid provision
203or application, and to this end the provisions of this act are
204declared severable.
205     Section 3.  This act shall take effect upon becoming a law.


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