Bill Text: FL S0622 | 2012 | Regular Session | Introduced

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Bill Title: Bullying of School Children

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Education Pre-K - 12 [S0622 Detail]

Download: Florida-2012-S0622-Introduced.html

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       Florida Senate - 2012                                     SB 622
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00656-12                                            2012622__
    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 indicate that bullying may
    9         be involved; defining the term “within the scope of a
   10         public K-12 educational institution”; requiring that
   11         each school district include in its districtwide
   12         policy instruction to students, parents, teachers,
   13         school administrators, counseling staff, and school
   14         volunteers on how to recognize behaviors that lead to
   15         bullying and harassment and how to take appropriate
   16         preventative action based on those individuals’
   17         observations; requiring that any complaint of a
   18         computer-related incident of bullying be investigated
   19         by a school district official using a computer on
   20         which web-filtering software is not installed;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (2) and (3) and paragraph (l) of
   26  subsection (4) of section 1006.147, Florida Statutes, are
   27  amended, and paragraph (c) is added to subsection (7) of that
   28  section, to read:
   29         1006.147 Bullying and harassment prohibited.—
   30         (2) Bullying or harassment of any student or employee of a
   31  public K-12 educational institution is prohibited:
   32         (a) During any education program or activity conducted by a
   33  public K-12 educational institution;
   34         (b) During any school-related or school-sponsored program
   35  or activity or on a school bus of a public K-12 educational
   36  institution; or
   37         (c) Through the use of data or computer software that is
   38  accessed through a computer, computer system, or computer
   39  network within the scope of a public K-12 educational
   40  institution.
   41         (3) As used in For purposes of this section:
   42         (a) “Bullying” means systematically and chronically
   43  inflicting physical hurt or psychological distress on one or
   44  more students and may involve:
   45         1. Teasing;
   46         2. Social exclusion;
   47         3. Threat;
   48         4. Intimidation;
   49         5. Stalking;
   50         6. Physical violence;
   51         7. Theft;
   52         8. Sexual, religious, or racial harassment;
   53         9. Public humiliation; or
   54         10. Destruction of property; or
   55         11. Emotional hurt.
   56         (b) “Harassment” means any threatening, insulting, or
   57  dehumanizing gesture, use of data or computer software, or
   58  written, spoken verbal, or physical act conduct directed against
   59  a student or school employee which that:
   60         1. Places a student or school employee in reasonable fear
   61  of harm to his or her person or damage to his or her property;
   62         2. Has the effect of substantially interfering with a
   63  student’s educational performance, opportunities, or benefits;
   64  or
   65         3. Has the effect of substantially disrupting the orderly
   66  operation of a school.
   67         (c) “Within the scope of a public K-12 educational
   68  institution” means, regardless of ownership, any computer,
   69  computer system, or computer network that is physically located
   70  on school property.
   71         (d)(c) Definitions in s. 815.03 and the definition in s.
   72  784.048(1)(d) relating to stalking are applicable to this
   73  section.
   74         (e)(d) The definitions of “bullying” and “harassment”
   75  include:
   76         1. Retaliation against a student or school employee by
   77  another student or school employee for asserting or alleging an
   78  act of bullying or harassment. Reporting an act of bullying or
   79  harassment which that is not made in good faith is considered
   80  retaliation.
   81         2. Perpetration Perpetuation of conduct listed in paragraph
   82  (a) or paragraph (b) by an individual or group with intent to
   83  demean, dehumanize, embarrass, or cause physical harm to a
   84  student or school employee by:
   85         a. Incitement or coercion;
   86         b. Accessing or knowingly causing or providing access to
   87  data or computer software through a computer, computer system,
   88  or computer network within the scope of the district school
   89  system; or
   90         c. Acting in a manner that has an effect substantially
   91  similar to the effect of bullying or harassment.
   92         (4) By December 1, 2008, each school district shall adopt a
   93  policy prohibiting bullying and harassment of any student or
   94  employee of a public K-12 educational institution. Each school
   95  district’s policy shall be in substantial conformity with the
   96  Department of Education’s model policy mandated in subsection
   97  (5). The school district bullying and harassment policy shall
   98  afford all students the same protection regardless of their
   99  status under the law. The school district may establish separate
  100  discrimination policies that include categories of students. The
  101  school district shall involve students, parents, teachers,
  102  administrators, school staff, school volunteers, community
  103  representatives, and local law enforcement agencies in the
  104  process of adopting the policy. The school district policy must
  105  be implemented in a manner that is ongoing throughout the school
  106  year and integrated with a school’s curriculum, a school’s
  107  discipline policies, and other violence prevention efforts. The
  108  school district policy must contain, at a minimum, the following
  109  components:
  110         (l) A procedure for providing instruction to students,
  111  parents, teachers, school administrators, counseling staff, and
  112  school volunteers on identifying, preventing, and responding to
  113  bullying or harassment, including instruction on how to
  114  recognize behaviors that lead to bullying and harassment and how
  115  to take appropriate preventative action based on each of those
  116  individuals’ observations.
  117         (7)
  118         (c) Any complaint of a computer-related incident must be
  119  investigated by a school district official using a computer on
  120  which web-filtering software is not installed.
  121         Section 2. This act shall take effect July 1, 2012.