CS for SB 268 First Engrossed 2016268e1 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 a short title for chapter 2010 14 217, Laws of Florida, relating to requirements for 15 health education curricula and district school board 16 policies on teen dating violence and abuse; providing 17 an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (4) of section 1006.147, Florida 22 Statutes, is amended to read: 23 1006.147 Bullying and harassment prohibited.— 24 (4) Each school district shall adopt and revise at least 25 every 3 years a policy prohibiting bullying and harassment of a 26 student or employee of a public K-12 educational institution. 27 Each school district’s policy shall be in substantial conformity 28 with the Department of Education’s model policy. The school 29 district bullying and harassment policy shall afford all 30 students the same protection regardless of their status under 31 the law. The school district may establish separate 32 discrimination policies that include categories of students. The 33 school district shall involve students, parents, teachers, 34 administrators, school staff, school volunteers, community 35 representatives, and local law enforcement agencies in the 36 process of adopting and revising the policy. The school district 37 policy must be implemented by each school principal in a manner 38 that is ongoing throughout the school year and integrated with a 39 school’s curriculum, a school’s bullying prevention and 40 intervention program, a school’s discipline policies, and other 41 violence prevention efforts. The school district policy must 42 contain, at a minimum, the following components: 43 (a) A statement prohibiting bullying and harassment. 44 (b) A definition of bullying and a definition of harassment 45 that include the definitions listed in this section. 46 (c) A description of the type of behavior expected from 47 each student and employee of a public K-12 educational 48 institution. 49 (d) The consequences for a student or employee of a public 50 K-12 educational institution who commits an act of bullying or 51 harassment. 52 (e) The consequences for a student or employee of a public 53 K-12 educational institution who is found to have wrongfully and 54 intentionally accused another of an act of bullying or 55 harassment. 56 (f) A procedure for receiving reports of
reportingan 57 alleged act of bullying or harassment, including provisions that 58 permit a person to anonymously report such an act. However, this 59 paragraph does not permit formal disciplinary action to be based 60 solely on an anonymous report. 61 (g) A procedure for the prompt investigation of a report of 62 bullying or harassment and the persons responsible for the 63 investigation. The investigation of a reported act of bullying 64 or harassment is deemed to be a school-related activity and 65 begins with a report of such an act. Incidents that require a 66 reasonable investigation when reported to appropriate school 67 authorities shall include alleged incidents of bullying or 68 harassment allegedly committed against a child while the child 69 is en route to school aboard a school bus or at a school bus 70 stop. 71 (h) A process to investigate whether a reported act of 72 bullying or harassment is within the scope of the district 73 school system and, if not, a process for referral of such an act 74 to the appropriate jurisdiction. Computers without web-filtering 75 software or computers with web-filtering software that is 76 disabled shall be used when complaints of cyberbullying are 77 investigated. 78 (i) A procedure for providing immediate notification to the 79 parents of a victim of bullying or harassment and the parents of 80 the perpetrator of an act of bullying or harassment, as well as 81 notification to all local agencies where criminal charges may be 82 pursued against the perpetrator. 83 (j) A procedure to refer victims and perpetrators of 84 bullying or harassment for counseling. 85 (k) A procedure for including incidents of bullying or 86 harassment in the school’s report of data concerning school 87 safety and discipline required under s. 1006.09(6). The report 88 must include each incident of bullying or harassment and the 89 resulting consequences, including discipline and referrals. The 90 report must include in a separate section each reported incident 91 of bullying or harassment that does not meet the criteria of a 92 prohibited act under this section with recommendations regarding 93 such incidents. The Department of Education shall aggregate 94 information contained in the reports. 95 (l) A list of programs authorized by the school district 96 which provide procedure for providinginstruction to students, 97 parents, teachers, school administrators, counseling staff, and 98 school volunteers on identifying, preventing, and responding to 99 bullying or harassment, including instruction on recognizing 100 behaviors that lead to bullying and harassment and taking 101 appropriate preventive action based on those observations. 102 (m) A procedure for regularly reporting to a victim’s 103 parents the actions taken to protect the victim. 104 (n) A procedure for publicizing the policy, which must 105 include its publication in the code of student conduct required 106 under s. 1006.07(2) and in all employee handbooks. 107 Section 2. Chapter 2010-217, Laws of Florida, may be cited 108 as “Taylor’s Law for Teen Dating Violence Awareness and 109 Prevention.” 110 Section 3. This act shall take effect July 1, 2016.