CS for SB 268                                    First Engrossed
    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.
   19  Be It Enacted by the Legislature of the State of Florida:
   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 reporting an
   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 providing instruction 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.