Bill Text: FL S0448 | 2011 | Regular Session | Introduced

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Bill Title: Bullying of School Children

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0448 Detail]

Download: Florida-2011-S0448-Introduced.html

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       Florida Senate - 2011                                     SB 448
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00444B-11                                           2011448__
    1                        A bill to be entitled                      
    2         An act relating to bullying of school children;
    3         amending s. 1006.147, F.S.; prohibiting bullying or
    4         harassment of a student or school employee by use of
    5         any computer, computer system, or computer network
    6         that is physically located on school property,
    7         regardless of ownership; adding “emotional hurt” to
    8         the list of behaviors that, when taken singularly or
    9         in combination, may indicate that a child is being
   10         bullied at school; defining the term “within the scope
   11         of a public K-12 educational institution”; requiring
   12         that each school district include in its districtwide
   13         policy instruction to students, parents, teachers,
   14         school administrators, counseling staff, and school
   15         volunteers on how to recognize behaviors that lead to
   16         bullying and harassment and how to take appropriate
   17         preventative action based on each of those
   18         individual’s observations; requiring that any
   19         complaint of a computer-related incident of bullying
   20         be investigated by a school district official using a
   21         computer on which web-filtering software is not
   22         installed; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (2) and (3) and paragraph (l) of
   27  subsection (4) of section 1006.147, Florida Statutes, are
   28  amended, and paragraph (c) is added to subsection (7) of that
   29  section, to read:
   30         1006.147 Bullying and harassment prohibited.—
   31         (2) Bullying or harassment of any student or employee of a
   32  public K-12 educational institution is prohibited:
   33         (a) During any education program or activity conducted by a
   34  public K-12 educational institution;
   35         (b) During any school-related or school-sponsored program
   36  or activity or on a school bus of a public K-12 educational
   37  institution; or
   38         (c) Through the use of data or computer software that is
   39  accessed through a computer, computer system, or computer
   40  network within the scope of a public K-12 educational
   41  institution.
   42         (3) For purposes of this section:
   43         (a) “Bullying” means systematically and chronically
   44  inflicting physical hurt or psychological distress on one or
   45  more students and may involve:
   46         1. Teasing;
   47         2. Social exclusion;
   48         3. Threat;
   49         4. Intimidation;
   50         5. Stalking;
   51         6. Physical violence;
   52         7. Theft;
   53         8. Sexual, religious, or racial harassment;
   54         9. Public humiliation; or
   55         10. Destruction of property; or
   56         11. Emotional hurt.
   57         (b) “Harassment” means any threatening, insulting, or
   58  dehumanizing gesture, use of data or computer software, or
   59  written, verbal, or physical conduct directed against a student
   60  or school employee that:
   61         1. Places a student or school employee in reasonable fear
   62  of harm to his or her person or damage to his or her property;
   63         2. Has the effect of substantially interfering with a
   64  student’s educational performance, opportunities, or benefits;
   65  or
   66         3. Has the effect of substantially disrupting the orderly
   67  operation of a school.
   68         (c) “Within the scope of a public K-12 educational
   69  institution” means, regardless of ownership, any computer,
   70  computer system, or computer network that is physically located
   71  on school property.
   72         (d)(c) Definitions in s. 815.03 and the definition in s.
   73  784.048(1)(d) relating to stalking are applicable to this
   74  section.
   75         (e)(d) The definitions of “bullying” and “harassment”
   76  include:
   77         1. Retaliation against a student or school employee by
   78  another student or school employee for asserting or alleging an
   79  act of bullying or harassment. Reporting an act of bullying or
   80  harassment that is not made in good faith is considered
   81  retaliation.
   82         2. Perpetuation of conduct listed in paragraph (a) or
   83  paragraph (b) by an individual or group with intent to demean,
   84  dehumanize, embarrass, or cause physical harm to a student or
   85  school employee by:
   86         a. Incitement or coercion;
   87         b. Accessing or knowingly causing or providing access to
   88  data or computer software through a computer, computer system,
   89  or computer network within the scope of the district school
   90  system; or
   91         c. Acting in a manner that has an effect substantially
   92  similar to the effect of bullying or harassment.
   93         (4) By December 1, 2008, each school district shall adopt a
   94  policy prohibiting bullying and harassment of any student or
   95  employee of a public K-12 educational institution. Each school
   96  district’s policy shall be in substantial conformity with the
   97  Department of Education’s model policy mandated in subsection
   98  (5). The school district bullying and harassment policy shall
   99  afford all students the same protection regardless of their
  100  status under the law. The school district may establish separate
  101  discrimination policies that include categories of students. The
  102  school district shall involve students, parents, teachers,
  103  administrators, school staff, school volunteers, community
  104  representatives, and local law enforcement agencies in the
  105  process of adopting the policy. The school district policy must
  106  be implemented in a manner that is ongoing throughout the school
  107  year and integrated with a school’s curriculum, a school’s
  108  discipline policies, and other violence prevention efforts. The
  109  school district policy must contain, at a minimum, the following
  110  components:
  111         (l) A procedure for providing instruction to students,
  112  parents, teachers, school administrators, counseling staff, and
  113  school volunteers on identifying, preventing, and responding to
  114  bullying or harassment, including instruction on how to
  115  recognize behaviors that lead to bullying and harassment and how
  116  to take appropriate preventative action based on each of those
  117  individual’s observations.
  118         (7)
  119         (c) Any complaint of a computer-related incident must be
  120  investigated by a school district official using a computer on
  121  which web-filtering software is not installed.
  122         Section 2. This act shall take effect July 1, 2011.