Florida Senate - 2013 CS for SB 626
By the Committee on Education; and Senator Bullard
581-02285-13 2013626c1
1 A bill to be entitled
2 An act relating to bullying in the public school
3 system; providing a short title; amending s. 1006.147,
4 F.S.; prohibiting cyberbullying in schools and during
5 school-related activities; expanding the circumstances
6 under which bullying or harassment of any student or
7 employee of a public K-12 institution is prohibited;
8 revising the definition of the term “bullying” to
9 include emotional pain or discomfort; defining the
10 term “cyberbullying”; revising the definition of the
11 term “harassment”; requiring each school district to
12 incorporate a prohibition on cyberbullying into its
13 policy on bullying and harassment; requiring that such
14 policy mandate that computers without web-filtering
15 software or computers with web-filtering software
16 disabled be used when investigating complaints of
17 cyberbullying; requiring that school district policies
18 prohibiting bullying, cyberbullying, and harassment
19 address how to identify and respond to behavior that
20 leads to such conduct; requiring that the model policy
21 of the Department of Education include a prohibition
22 on cyberbullying by a certain date and that such
23 policy be included in the code of student conduct;
24 updating fiscal years regarding the distribution of
25 safe school funds; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. SHORT TITLE.—This act may be cited as the
30 “Imagine Sheterria Elliot Act.”
31 Section 2. Section 1006.147, Florida Statutes, is amended
32 to read:
33 1006.147 Bullying and harassment prohibited.—
34 (1) This section may be cited as the “Jeffrey Johnston
35 Stand Up for All Students Act.”
36 (2) Bullying, cyberbullying, or harassment of any student
37 or employee of a public K-12 educational institution is
38 prohibited:
39 (a) During any education program or activity conducted by a
40 public K-12 educational institution;
41 (b) During any school-related or school-sponsored program
42 or activity or on a school bus of a public K-12 educational
43 institution; or
44 (c) Through the use of data or computer software that is
45 accessed through a computer, computer system, or computer
46 network of a public K-12 educational institution which is
47 physically located on the property of the educational
48 institution, at the site of any school-related or school
49 sponsored program or activity conducted by the educational
50 institution, or on a school bus of a public K-12 educational
51 institution; or
52 (d) If the bullying, cyberbullying, or harassment creates,
53 or if it is reasonably foreseeable that it could create,
54 material and substantial interference with or disruption of:
55 1. The operation of a school, an education program or
56 activity conducted by a public K-12 educational institution, or
57 a school-related or school-sponsored program or activity,
58 including, but not limited to, field trips, extracurricular
59 activities, or transit on a school bus of a public K-12
60 educational institution for any of the actions under this
61 subparagraph; or
62 2. A student’s ability to be safe and secure during school,
63 an education program or activity conducted by a public K-12
64 educational institution, or a school-related or school-sponsored
65 program or activity, including, but not limited to, field trips,
66 extracurricular activities, or transit on a school bus of a
67 public K-12 educational institution for any of the actions under
68 this subparagraph.
69 (3) For purposes of this section:
70 (a) “Bullying” means systematically and chronically
71 inflicting physical hurt or psychological distress on one or
72 more students or school employees. Incidents of bullying and may
73 involve, but are not limited to:
74 1. Teasing;
75 2. Social exclusion;
76 3. Threat;
77 4. Intimidation;
78 5. Stalking;
79 6. Physical violence;
80 7. Theft;
81 8. Sexual, religious, or racial harassment;
82 9. Public Humiliation; or
83 10. Emotional pain or discomfort; or
84 11.10. Destruction of property.
85 (b) “Cyberbullying” means bullying or harassment that is
86 related to computers, as described in s. 815.03, or that
87 otherwise occurs through the use of technology or electronic
88 communications, including, but not limited to, any transfer of
89 signs, signals, writing, images, sounds, data, or intelligence
90 of any nature transmitted in whole or in part by a wire, radio,
91 electromagnetic system, photoelectronic system, or photooptical
92 system, or other transmission or medium such as electronic mail,
93 text messaging, instant messaging, social media, Internet
94 communications, or facsimile communications. Cyberbullying may
95 involve, but is not limited to:
96 1. Harassment and cyberstalking, as defined in s. 784.048.
97 2. Creating a web page on which, or a weblog in which, the
98 creator assumes the identity of another person, or knowingly
99 impersonates another person, while posting content or sending
100 messages.
101 3. Electronically sharing or distributing material and
102 communications to more than one person or posting material on
103 one or more electronic media that may be accessed by one or more
104 persons.
105 (c)(b) “Harassment” means any threatening, insulting, or
106 dehumanizing gesture, use of data or computer software, or
107 written, verbal, or physical conduct directed against a student
108 or school employee which that:
109 1. Places a student or school employee in reasonable fear
110 of harm to his or her person or damage to his or her property;
111 2. Has the effect of substantially interfering with a
112 student’s educational performance, opportunities, or benefits;
113 or
114 3. As provided in s. 784.048(1)(a), serves no legitimate
115 purpose and causes substantial emotional distress to a student
116 or a school employee; or
117 4.3. Has the effect of materially and substantially
118 disrupting or interfering with the orderly operation of a school
119 or the ability of a student to be safe and secure at a school or
120 at a school-sponsored event.
121 (c) Definitions in s. 815.03 and the definition in s.
122 784.048(1)(d) relating to stalking are applicable to this
123 section.
124 (d) The definitions of “bullying,” “cyberbullying,”
125 “bullying” and “harassment” include:
126 1. Retaliation against a student or school employee by
127 another student or school employee for asserting or alleging an
128 act of bullying, cyberbullying, or harassment. Reporting an act
129 of bullying, cyberbullying, or harassment that is not made in
130 good faith is considered retaliation.
131 2. Perpetuation of bullying, cyberbullying, or harassment
132 conduct listed in paragraph (a) or paragraph (b) by an
133 individual or group of individuals with intent to demean,
134 dehumanize, embarrass, or cause physical harm to a student or
135 school employee by:
136 a. Incitement or coercion;
137 b. Accessing or knowingly causing or providing access to
138 data or computer software through a computer, computer system,
139 or computer network, or other computer-related means described
140 in s. 815.03 within the scope of the district school system; or
141 c. Acting in a manner that has an effect substantially
142 similar to the effect of bullying, cyberbullying, or harassment.
143 (4) By December 1, 2008, each school district shall adopt a
144 policy prohibiting bullying and harassment of any student or
145 employee of a public K-12 educational institution. By December
146 1, 2013, each school district shall incorporate into such policy
147 a prohibition on cyberbullying of any student or employee of a
148 public K-12 educational institution. Each school district’s
149 policy must substantially conform shall be in substantial
150 conformity with the Department of Education’s model policy
151 mandated in subsection (5). The school district bullying,
152 cyberbullying, and harassment policy must provide shall afford
153 all students the same protection regardless of their status
154 under the law. The school district may establish separate
155 discrimination policies that include categories of students. The
156 school district shall involve students, parents, teachers,
157 administrators, school staff, school volunteers, community
158 representatives, and local law enforcement agencies in the
159 process of adopting the policy. The school district policy must
160 be implemented in a manner that is ongoing throughout the school
161 year and integrated with a school’s curriculum, a school’s
162 discipline policies, and other violence prevention efforts. The
163 school district policy must contain, at a minimum, the following
164 components:
165 (a) A statement prohibiting bullying, cyberbullying, and
166 harassment.
167 (b) Definitions A definition of bullying, cyberbullying,
168 and a definition of harassment which that include the
169 definitions listed in this section.
170 (c) A description of the type of behavior expected from
171 each student and employee of a public K-12 educational
172 institution.
173 (d) The consequences for a student or employee of a public
174 K-12 educational institution who commits an act of bullying,
175 cyberbullying, or harassment.
176 (e) The consequences for a student or employee of a public
177 K-12 educational institution who is found to have wrongfully and
178 intentionally accused another of an act of bullying,
179 cyberbullying, or harassment.
180 (f) A procedure for reporting an act of bullying,
181 cyberbullying, or harassment, including provisions that
182 authorize permit a person to anonymously report such an act.
183 However, this paragraph does not authorize permit formal
184 disciplinary action to be based solely on an anonymous report.
185 (g) A procedure for the prompt investigation of a report of
186 bullying, cyberbullying, or harassment and the persons
187 responsible for the investigation. The investigation of a
188 reported act of bullying, cyberbullying, or harassment is deemed
189 to be a school-related activity and begins with a report of such
190 an act. Incidents that require a reasonable investigation when
191 reported to appropriate school authorities must shall include
192 alleged incidents of bullying, cyberbullying, or harassment
193 allegedly committed against a child while the child is en route
194 to school aboard a school bus or at a school bus stop.
195 (h) A process to investigate whether a reported act of
196 bullying, cyberbullying, or harassment is within the scope of
197 the district school system and, if not, a process for referral
198 of such an act to the appropriate jurisdiction. Computers
199 without web-filtering software, or computers with web-filtering
200 software that is disabled, shall be used when complaints of
201 cyberbullying are investigated.
202 (i) A procedure for providing immediate notification to the
203 parents of a victim of bullying, cyberbullying, or harassment
204 and the parents of the perpetrator of an act of bullying,
205 cyberbullying, or harassment, as well as notification to all
206 local agencies where criminal charges may be pursued against the
207 perpetrator.
208 (j) A procedure to refer victims and perpetrators of
209 bullying, cyberbullying, or harassment for counseling.
210 (k) A procedure for including incidents of bullying,
211 cyberbullying, or harassment in the school’s report of data
212 concerning school safety and discipline required under s.
213 1006.09(6). The report must include each incident of bullying,
214 cyberbullying, or harassment and the resulting consequences,
215 including discipline and referrals. The report must include in a
216 separate section each reported incident of bullying,
217 cyberbullying, or harassment that does not meet the criteria of
218 a prohibited act under this section with recommendations
219 regarding such incidents. The Department of Education shall
220 aggregate information contained in the reports.
221 (l) A procedure for providing instruction to students,
222 parents, teachers, school administrators, counseling staff, and
223 school volunteers on identifying, preventing, and responding to
224 bullying, cyberbullying, or harassment, and behavior that leads
225 to bullying, cyberbullying, or harassment.
226 (m) A procedure for regularly reporting to a victim’s
227 parents the actions taken to protect the victim.
228 (n) A procedure for publicizing the policy, which must
229 include its publication in the code of student conduct required
230 under s. 1006.07(2) and in all employee handbooks.
231 (5) To assist school districts in developing policies
232 prohibiting bullying and harassment, the Department of Education
233 shall provide develop a model policy that shall be provided to
234 school districts no later than October 1, 2008. The Department
235 of Education shall incorporate into such model policy a
236 prohibition on cyberbullying no later than October 1, 2013. The
237 department’s model policy must include factors that school
238 officials must consider when responding to an incident of
239 bullying, cyberbullying, or harassment which occurs off school
240 grounds or outside a school-sponsored activity or event. The
241 model policy must be included in the code of student conduct and
242 must provide clear notice to a student and his or her parent
243 that the district will discipline a person who violates this
244 section.
245 (6) A school employee, school volunteer, student, or parent
246 who promptly reports in good faith an act of bullying,
247 cyberbullying, or harassment to the appropriate school official
248 designated in the school district’s policy and who makes this
249 report in compliance with the procedures set forth in the policy
250 is immune from a cause of action for damages arising out of the
251 reporting itself or any failure to remedy the reported incident.
252 (7)(a) The physical location or time of an access of a
253 computer-related incident or situation cannot be raised as a
254 defense in any disciplinary action initiated under this section.
255 (b) This section does not apply to any person who uses data
256 or computer software that is accessed through a computer,
257 computer system, or computer network when acting within the
258 scope of his or her lawful employment or investigating a
259 violation of this section in accordance with school district
260 policy. The definitions in s. 815.03 apply to this section.
261 (8) Distribution of safe schools funds to a school district
262 provided in the 2014-2015 2009-2010 General Appropriations Act
263 is contingent upon and payable to the school district upon the
264 Department of Education’s approval of the school district’s
265 bullying, cyberbullying, and harassment policy. The department’s
266 approval of each school district’s bullying, cyberbullying, and
267 harassment policy shall be granted upon certification by the
268 department that the school district’s policy has been submitted
269 to the department and is in substantial conformity with the
270 department’s model bullying, cyberbullying, and harassment
271 policy as mandated in subsection (5). Distribution of safe
272 schools funds provided to a school district in fiscal year 2014
273 2015 2010-2011 and thereafter shall be contingent upon and
274 payable to the school district upon the school district’s
275 compliance with all reporting procedures contained in this
276 section.
277 (9) On or before January 1 of each year, the Commissioner
278 of Education shall report to the Governor, the President of the
279 Senate, and the Speaker of the House of Representatives on the
280 implementation of this section. The report shall include data
281 collected pursuant to paragraph (4)(k).
282 (10) Nothing in This section does not shall be construed to
283 abridge the rights of students or school employees which that
284 are protected by the First Amendment to the Constitution of the
285 United States.
286 Section 3. This act shall take effect July 1, 2013.