| 1 | Representative(s) Bogdanoff and Gottlieb offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (541739) |
| 4 | Remove line(s) 51-93 and insert: |
| 5 | 8. Sexual, religious, or racial harassment; |
| 6 | 9. Public humiliation; or |
| 7 | 10. Destruction of property. |
| 8 | (b) "Harassment" means any threatening, insulting, or |
| 9 | dehumanizing gesture, use of data or computer software, or |
| 10 | written, verbal, or physical conduct directed against a student |
| 11 | or school employee that: |
| 12 | 1. Places a student or school employee in reasonable fear |
| 13 | of harm to his or her person or damage to his or her property; |
| 14 | 2. Has the effect of substantially interfering with a |
| 15 | student's educational performance, opportunities, or benefits; |
| 16 | or |
| 17 | 3. Has the effect of substantially disrupting the orderly |
| 18 | operation of a school. |
| 19 | (c) Definitions in s. 815.03 relating to computer crimes |
| 20 | and s. 784.048 relating to stalking are applicable to this |
| 21 | section. |
| 22 | (d) The terms "bullying" and "harassment" include: |
| 23 | 1. Retaliation against a student or school employee by |
| 24 | another student or school employee for asserting or alleging an |
| 25 | act of bullying or harassment. Reporting an act of bullying or |
| 26 | harassment that is not made in good faith is considered |
| 27 | retaliation. |
| 28 | 2. Perpetuation of conduct listed in paragraph (a) or |
| 29 | paragraph (b) by an individual or group with intent to demean, |
| 30 | dehumanize, embarrass, or cause physical harm to a student or |
| 31 | school employee by: |
| 32 | a. Incitement or coercion; |
| 33 | b. Accessing or knowingly causing or providing access to |
| 34 | data or computer software through a computer, computer system, |
| 35 | or computer network within the scope of the district school |
| 36 | system; or |
| 37 | c. Acting in a manner that has an effect substantially |
| 38 | similar to the effect of bullying or harassment. |
| 39 | (4) By September 1, 2006, each school district shall adopt |
| 40 | a policy prohibiting bullying and harassment on school property, |
| 41 | at a school-related or school-sponsored program or activity, on |
| 42 | a school bus, or through the use of data or computer software |
| 43 | that is accessed through a computer, computer system, or |
| 44 | computer network within the scope of the district school system. |
| 45 | The school district bullying and harassment policy shall afford |
| 46 | all students the same protection regardless of their status |
| 47 | under the law. |