Senate Bill sb0114

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    Florida Senate - 2007                                   SB 114

    By Senator Baker





    20-57A-07

  1                      A bill to be entitled

  2         An act relating to school safety; creating s.

  3         1006.147, F.S.; providing a short title;

  4         prohibiting bullying or harassment during

  5         education programs or activities, on school

  6         buses, or through use of data or computer

  7         software accessed through computer systems of

  8         certain educational institutions; providing

  9         definitions; requiring each school district to

10         adopt a policy prohibiting such bullying and

11         harassment; providing minimum requirements for

12         the contents of the policy; requiring the

13         Department of Education to develop model

14         policies; providing immunity for certain

15         actions; providing restrictions with respect to

16         defenses that may be raised and the application

17         of the act; requiring department approval of a

18         school district's policy and its compliance

19         with reporting procedures as prerequisites to

20         receipt of safe schools funds; requiring a

21         report on implementation; providing for

22         construction of the act; providing an effective

23         date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 1006.147, Florida Statutes, is

28  created to read:

29         1006.147  Bullying and harassment prohibited.--

30         (1)  This section may be cited as the "Jeffrey Johnston

31  Stand Up for All Students Act."

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    Florida Senate - 2007                                   SB 114
    20-57A-07




 1         (2)  Bullying or harassment of any student or school

 2  employee is prohibited:

 3         (a)  During any education program or activity conducted

 4  by a public K-12 educational institution;

 5         (b)  During any school-related or school-sponsored

 6  program or activity or on a school bus of a public K-12

 7  educational institution; or

 8         (c)  Through the use of data or computer software that

 9  is accessed through a computer, computer system, or computer

10  network of a public K-12 educational institution.

11         (3)(a)  As used in this section, the term:

12         1.  "Bullying" means systematically and chronically

13  inflicting physical hurt or psychological distress on one or

14  more students and may involve:

15         a.  Teasing;

16         b.  Social exclusion;

17         c.  Threat;

18         d.  Intimidation;

19         e.  Stalking;

20         f.  Physical violence;

21         g.  Theft;

22         h.  Sexual, religious, or racial harassment;

23         i.  Public humiliation; or

24         j.  Destruction of property.

25         2.  "Harassment" means any threatening, insulting, or

26  dehumanizing gesture; use of data or computer software; or

27  written, verbal, or physical conduct directed against a

28  student or school employee which:

29         a.  Places the student or school employee in reasonable

30  fear of harm to his or her person or damage to his or her

31  property;

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 1         b.  Has the effect of substantially interfering with

 2  the student's educational performance, opportunities, or

 3  benefits; or

 4         c.  Has the effect of substantially disrupting the

 5  orderly operation of a school.

 6         (b)  The definitions in s. 815.03 relating to computer

 7  crimes and s. 784.048 relating to stalking apply to this

 8  section.

 9         (c)  The terms "bullying" and "harassment" include:

10         1.  Retaliation against a student or school employee by

11  another student or school employee for asserting or alleging

12  an act of bullying or harassment. A report of an act of

13  bullying or harassment which is not made in good faith is

14  considered retaliation.

15         2.  Perpetuation of conduct listed in paragraph (a) by

16  an individual or group with the intent to demean, dehumanize,

17  embarrass, or cause physical harm to a student or school

18  employee by:

19         a.  Incitement or coercion;

20         b.  Accessing or knowingly causing or providing access

21  to data or computer software through a computer, computer

22  system, or computer network within the scope of a district

23  school system; or

24         c.  Acting in a manner that has an effect substantially

25  similar to the effect of bullying or harassment.

26         (4)  By December 1, 2007, each school district shall

27  adopt a policy prohibiting bullying and harassment on school

28  property, at a school-related or school-sponsored program or

29  activity, on a school bus, or through the use of data or

30  computer software that is accessed through a computer,

31  computer system, or computer network within the scope of a

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    Florida Senate - 2007                                   SB 114
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 1  district school system. Each school district's policy

 2  prohibiting bullying and harassment shall afford all students

 3  the same protection regardless of their status under the law.

 4  A school district may establish separate discrimination

 5  policies that include categories of students. Each school

 6  district shall involve students, parents, teachers,

 7  administrators, school staff, school volunteers, community

 8  representatives, and local law enforcement agencies in the

 9  process of adopting the policy. Each school district's policy

10  must be implemented in a manner that is ongoing throughout the

11  school year and integrated with a school's curriculum, a

12  school's discipline policies, and other violence-prevention

13  efforts. Each school district's policy must contain, at a

14  minimum:

15         (a)  A statement prohibiting bullying and harassment.

16         (b)  A definition of bullying and a definition of

17  harassment.

18         (c)  A description of the type of behavior expected

19  from each student and school employee.

20         (d)  The consequences for a person who commits an act

21  of bullying or harassment.

22         (e)  The consequences for a person who is found to have

23  wrongfully and intentionally accused another of an act of

24  bullying or harassment.

25         (f)  A procedure for reporting an act of bullying or

26  harassment, including provisions that permit a person to

27  anonymously report such an act. However, this paragraph does

28  not authorize formal disciplinary action to be based solely on

29  an anonymous report.

30         (g)  A procedure for promptly investigating a report of

31  bullying or harassment and designating the persons responsible

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 1  for the investigation. The investigation of a reported act of

 2  bullying or harassment is deemed to be a school-related

 3  activity and begins with a report of such an act.

 4         (h)  A process for investigating whether a reported act

 5  of bullying or harassment is within the jurisdiction of the

 6  district school system and, if not, a process for referring

 7  such an act to the appropriate jurisdiction.

 8         (i)  A procedure for providing to the parents of a

 9  victim of bullying or harassment immediate notice of all local

10  agencies where criminal charges may be pursued against the

11  perpetrator.

12         (j)  A procedure for referring victims and perpetrators

13  of bullying or harassment for counseling.

14         (k)  A procedure for including incidents of bullying or

15  harassment in the school's report of data concerning safety

16  and discipline required under s. 1006.09(6). The report must

17  include each incident of bullying or harassment and the

18  resulting consequences, including discipline and referrals.

19  The report must include in a separate section each reported

20  incident of bullying or harassment which does not meet the

21  criteria of a prohibited act under this section, with

22  recommendations regarding such incidents. The Department of

23  Education shall aggregate information contained in the

24  reports.

25         (l)  A procedure for providing instruction to students,

26  parents, teachers, school administrators, counseling staff,

27  and school volunteers on identifying, preventing, and

28  responding to bullying or harassment.

29         (m)  A procedure for regularly reporting to a victim's

30  parents the actions taken to protect the victim.

31  

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 1         (n)  A procedure for publicizing the policy, which must

 2  include its publication in the code of student conduct

 3  required under s. 1006.07(2) and in all employee handbooks.

 4         (5)  To assist school districts in developing policies

 5  for preventing bullying and harassment, the Department of

 6  Education shall develop model policies, which must be provided

 7  to school districts by October 1, 2007.

 8         (6)  A school employee, school volunteer, student, or

 9  parent who promptly reports in good faith an act of bullying

10  or harassment to the appropriate school official designated in

11  the school district's policy and who makes this report in

12  compliance with the procedures set forth in the policy is

13  immune from a cause of action for damages arising out of the

14  reporting itself or any failure to remedy the reported

15  incident.

16         (7)(a)  The physical location or time of access of a

17  computer-related incident cannot be raised as a defense in any

18  disciplinary action or prosecution initiated under this

19  section.

20         (b)  This section does not apply to any person who uses

21  data or computer software that is accessed through a computer,

22  computer system, or computer network when acting within the

23  scope of his or her lawful employment or investigating a

24  violation of this section in accordance with school district

25  policy.

26         (8)  Distribution of safe schools funds to a school

27  district provided in the 2008-2009 General Appropriations Act

28  is contingent upon approval by the Department of Education of

29  the school district's policy for preventing bullying and

30  harassment. Distribution of safe schools funds provided to a

31  school district in the 2009-2010 fiscal year and thereafter is

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    Florida Senate - 2007                                   SB 114
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 1  contingent upon the school district's compliance with all

 2  reporting procedures contained in this section.

 3         (9)  On or before January 1 of each year, the

 4  Commissioner of Education shall report to the Governor, the

 5  President of the Senate, and the Speaker of the House of

 6  Representatives on the implementation of this section. The

 7  report must include data collected pursuant to paragraph

 8  (4)(k).

 9         (10)  This section does not abridge the rights of

10  students or school employees which are protected by the First

11  Amendment to the Constitution of the United States.

12         Section 2.  This act shall take effect upon becoming a

13  law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Prohibits bullying and harassment during education
      programs and activities, on school buses, or through use
18    of data or computer software accessed through computer
      systems of certain educational institutions. Provides
19    definitions. Requires each school district to adopt a
      policy prohibiting such bullying and harassment. Provides
20    minimum requirements for the contents of the policy.
      Requires the Department of Education to develop model
21    policies. Provides immunity. Provides restrictions with
      respect to defense of an action and application of the
22    section. Requires department approval of a school
      district's policy and school district compliance with
23    reporting procedures as prerequisites to receipt of safe
      school funds. Requires a report on implementation.
24    Provides for construction of the act.

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