Florida Senate - 2016 CS for SB 268 By the Committee on Fiscal Policy; and Senator Ring 594-04093-16 2016268c1 1 A bill to be entitled 2 An act relating to bullying and harassment policies in 3 schools; amending s. 1006.147, F.S.; requiring school 4 districts to revise their bullying and harassment 5 policy at specified intervals; requiring each school 6 principal to implement the bullying and harassment 7 policy in a certain manner and integrate it with the 8 school’s bullying prevention and intervention program; 9 requiring the policy to include a procedure for 10 receiving reports of alleged acts of bullying and a 11 list of authorized programs that provide bullying and 12 harassment identification, prevention, and response 13 instruction; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (4) of section 1006.147, Florida 18 Statutes, is amended to read: 19 1006.147 Bullying and harassment prohibited.— 20 (4) Each school district shall adopt and revise at least 21 every 3 years a policy prohibiting bullying and harassment of a 22 student or employee of a public K-12 educational institution. 23 Each school district’s policy shall be in substantial conformity 24 with the Department of Education’s model policy. The school 25 district bullying and harassment policy shall afford all 26 students the same protection regardless of their status under 27 the law. The school district may establish separate 28 discrimination policies that include categories of students. The 29 school district shall involve students, parents, teachers, 30 administrators, school staff, school volunteers, community 31 representatives, and local law enforcement agencies in the 32 process of adopting and revising the policy. The school district 33 policy must be implemented by each school principal in a manner 34 that is ongoing throughout the school year and integrated with a 35 school’s curriculum, a school’s bullying prevention and 36 intervention program, a school’s discipline policies, and other 37 violence prevention efforts. The school district policy must 38 contain, at a minimum, the following components: 39 (a) A statement prohibiting bullying and harassment. 40 (b) A definition of bullying and a definition of harassment 41 that include the definitions listed in this section. 42 (c) A description of the type of behavior expected from 43 each student and employee of a public K-12 educational 44 institution. 45 (d) The consequences for a student or employee of a public 46 K-12 educational institution who commits an act of bullying or 47 harassment. 48 (e) The consequences for a student or employee of a public 49 K-12 educational institution who is found to have wrongfully and 50 intentionally accused another of an act of bullying or 51 harassment. 52 (f) A procedure for receiving reports of
reportingan 53 alleged act of bullying or harassment, including provisions that 54 permit a person to anonymously report such an act. However, this 55 paragraph does not permit formal disciplinary action to be based 56 solely on an anonymous report. 57 (g) A procedure for the prompt investigation of a report of 58 bullying or harassment and the persons responsible for the 59 investigation. The investigation of a reported act of bullying 60 or harassment is deemed to be a school-related activity and 61 begins with a report of such an act. Incidents that require a 62 reasonable investigation when reported to appropriate school 63 authorities shall include alleged incidents of bullying or 64 harassment allegedly committed against a child while the child 65 is en route to school aboard a school bus or at a school bus 66 stop. 67 (h) A process to investigate whether a reported act of 68 bullying or harassment is within the scope of the district 69 school system and, if not, a process for referral of such an act 70 to the appropriate jurisdiction. Computers without web-filtering 71 software or computers with web-filtering software that is 72 disabled shall be used when complaints of cyberbullying are 73 investigated. 74 (i) A procedure for providing immediate notification to the 75 parents of a victim of bullying or harassment and the parents of 76 the perpetrator of an act of bullying or harassment, as well as 77 notification to all local agencies where criminal charges may be 78 pursued against the perpetrator. 79 (j) A procedure to refer victims and perpetrators of 80 bullying or harassment for counseling. 81 (k) A procedure for including incidents of bullying or 82 harassment in the school’s report of data concerning school 83 safety and discipline required under s. 1006.09(6). The report 84 must include each incident of bullying or harassment and the 85 resulting consequences, including discipline and referrals. The 86 report must include in a separate section each reported incident 87 of bullying or harassment that does not meet the criteria of a 88 prohibited act under this section with recommendations regarding 89 such incidents. The Department of Education shall aggregate 90 information contained in the reports. 91 (l) A list of programs authorized by the school district 92 which provide procedure for providinginstruction to students, 93 parents, teachers, school administrators, counseling staff, and 94 school volunteers on identifying, preventing, and responding to 95 bullying or harassment, including instruction on recognizing 96 behaviors that lead to bullying and harassment and taking 97 appropriate preventive action based on those observations. 98 (m) A procedure for regularly reporting to a victim’s 99 parents the actions taken to protect the victim. 100 (n) A procedure for publicizing the policy, which must 101 include its publication in the code of student conduct required 102 under s. 1006.07(2) and in all employee handbooks. 103 Section 2. This act shall take effect July 1, 2016.