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A bill to be entitled

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An act relating to school safety; creating s. 1006.147,

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F.S.; providing a short title; prohibiting bullying or

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harassment during education programs or activities, on

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school buses, or through use of data or computer software

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accessed through computer systems of certain educational

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institutions; providing definitions; requiring each school

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district to adopt a policy prohibiting such bullying and

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harassment; providing minimum requirements for the

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contents of the policy; requiring the Department of

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Education to develop model policies; providing immunity

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for certain actions; providing restrictions with respect

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to defenses that may be raised and the application of the

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act; requiring departmental approval of a school

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district's policy and its compliance with reporting

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procedures as prerequisites to receipt of safe schools

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funds; requiring a report on implementation; providing for

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construction of the act; providing an effective date.

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

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     Section 1.  Section 1006.147, Florida Statutes, is created

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to read:

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     1006.147 Bullying and harassment prohibited.--

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     (1) This section may be cited as the "Jeffrey Johnston

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Stand Up for All Students Act."

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     (2) Bullying or harassment of any student or school

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employee is prohibited:

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     (a) During any education program or activity conducted by a

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public K-12 educational institution;

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     (b) During any school-related or school-sponsored program

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or activity or on a school bus of a public K-12 educational

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institution; or

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     (c) Through the use of data or computer software that is

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accessed through a computer, computer system, or computer network

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of a public K-12 educational institution.

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     (3)(a) As used in this section, the term:

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     1. "Bullying" means systematically and chronically

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inflicting physical hurt or psychological distress on one or more

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students and may involve:

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     a. Teasing;

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     b. Social exclusion;

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     c. Threat;

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     d. Intimidation;

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     e. Stalking;

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     f. Physical violence;

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     g. Theft;

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     h. Sexual, religious, or racial harassment;

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     i. Public humiliation; or

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     j. Destruction of property.

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     2. "Harassment" means any threatening, insulting, or

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dehumanizing gesture; use of data or computer software; or

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written, verbal, or physical conduct directed against a student

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or school employee which:

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     a. Places the student or school employee in reasonable fear

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of harm to his or her person or damage to his or her property;

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     b. Has the effect of substantially interfering with the

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student's educational performance, opportunities, or benefits; or

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     c. Has the effect of substantially disrupting the orderly

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operation of a school.

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     (b) The definitions in s. 815.03 relating to computer

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crimes and s. 784.048 relating to stalking apply to this section.

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     (c) The terms "bullying" and "harassment" include:

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     1. Retaliation against a student or school employee by

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another student or school employee for asserting or alleging an

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act of bullying or harassment. A report of an act of bullying or

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harassment which is not made in good faith is considered

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retaliation.

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     2. Perpetuation of conduct listed in paragraph (a) by an

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individual or group with the intent to demean, dehumanize,

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embarrass, or cause physical harm to a student or school employee

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by:

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     a. Incitement or coercion;

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     b. Accessing or knowingly causing or providing access to

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data or computer software through a computer, computer system, or

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computer network within the scope of a district school system; or

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     c. Acting in a manner that has an effect substantially

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similar to the effect of bullying or harassment.

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     (4) By December 1, 2008, each school district shall adopt a

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policy prohibiting bullying and harassment on school property, at

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a school-related or school-sponsored program or activity, on a

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school bus, or through the use of data or computer software that

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is accessed through a computer, computer system, or computer

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network within the scope of a district school system. Each school

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district's policy prohibiting bullying and harassment shall

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afford all students the same protection regardless of their

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status under the law. A school district may establish separate

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discrimination policies that include categories of students. Each

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school district shall involve students, parents, teachers,

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administrators, school staff members, school volunteers,

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community representatives, and local law enforcement agencies in

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the process of adopting the policy. Each school district's policy

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must be implemented in a manner that is ongoing throughout the

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school year and integrated with the school's curriculum, the

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school's discipline policies, and other violence-prevention

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efforts. Each school district's policy must contain, at a

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minimum:

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     (a) A statement prohibiting bullying and harassment.

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     (b) A definition of bullying and a definition of

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harassment.

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     (c) A description of the type of behavior expected from

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each student and school employee.

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     (d) The consequences for a person who commits an act of

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bullying or harassment.

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     (e) The consequences for a person who is found to have

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wrongfully and intentionally accused another of an act of

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bullying or harassment.

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     (f) A procedure for reporting an act of bullying or

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harassment, including provisions that permit a person to

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anonymously report such an act. However, this paragraph does not

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authorize formal disciplinary action solely on the basis of an

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anonymous report.

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     (g) A procedure for promptly investigating a report of

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bullying or harassment and designating the persons responsible

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for the investigation. The investigation of a reported act of

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bullying or harassment is deemed to be a school-related activity

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and begins with a report of such an act.

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     (h) A process for investigating whether a reported act of

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bullying or harassment is within the jurisdiction of the district

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school system and, if not, a process for referring such an act to

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the appropriate jurisdiction.

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     (i) A procedure for providing to the parents of a victim of

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bullying or harassment immediate notice of all local agencies

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where criminal charges may be pursued against the perpetrator.

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     (j) A procedure for referring victims and perpetrators of

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bullying or harassment for counseling.

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     (k) A procedure for including incidents of bullying or

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harassment in the school's report of data concerning safety and

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discipline required under s. 1006.09. The report must include

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each incident of bullying or harassment and the resulting

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consequences, including discipline and referrals. The report must

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include in a separate section each reported incident of bullying

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or harassment which does not meet the criteria of a prohibited

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act under this section, with recommendations regarding such

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incidents. The Department of Education shall aggregate

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information contained in the reports.

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     (l) A procedure for providing instruction to students,

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parents, teachers, school administrators, counseling staff, and

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school volunteers on identifying, preventing, and responding to

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bullying or harassment.

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     (m) A procedure for regularly reporting to a victim's

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parents the actions taken to protect the victim.

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     (n) A procedure for publicizing the policy, which must

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include its publication in the code of student conduct required

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under s. 1006.07 and in all employee handbooks.

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     (5) To assist school districts in developing policies for

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preventing bullying and harassment, the Department of Education

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shall develop model policies, which must be provided to school

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districts by October 1, 2008.

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     (6) A school employee, school volunteer, student, or parent

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who promptly reports in good faith an act of bullying or

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harassment to the appropriate school official designated in the

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school district's policy and who makes this report in compliance

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with the procedures set forth in the policy is immune from a

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cause of action for damages arising out of the reporting itself

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or any failure to remedy the reported incident.

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     (7)(a) The physical location or time of access of a

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computer-related incident may not be raised as a defense in any

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disciplinary action or prosecution initiated under this section.

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     (b) This section does not apply to any person who uses data

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or computer software that is accessed through a computer,

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computer system, or computer network when acting within the scope

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of his or her lawful employment or investigating a violation of

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this section in accordance with school district policy.

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     (8) Distribution of safe schools funds to a school district

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provided in the 2009-2010 General Appropriations Act is

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contingent upon approval by the Department of Education of the

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school district's policy for preventing bullying and harassment.

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Distribution of safe schools funds provided to a school district

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in the 2010-2011 fiscal year and thereafter is contingent upon

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the school district's compliance with all reporting procedures

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contained in this section.

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     (9) On or before January 1 of each year, the Commissioner

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of Education shall report to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives on the

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implementation of this section. The report must include data

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collected pursuant to paragraph (4)(k).

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     (10) This section does not abridge the rights of students

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or school employees which are protected by the First Amendment to

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the Constitution of the United States.

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