Bill Text: FL S1514 | 2021 | Regular Session | Introduced
Bill Title: Bullying in Public K-12 Educational Institutions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Education [S1514 Detail]
Download: Florida-2021-S1514-Introduced.html
Florida Senate - 2021 SB 1514 By Senator Book 32-01283-21 20211514__ 1 A bill to be entitled 2 An act relating to bullying in public K-12 educational 3 institutions; amending s. 1006.147, F.S.; revising the 4 definition of the term “bullying”; requiring school 5 districts to adopt and review every 3 years a zero 6 tolerance policy prohibiting bullying and harassment 7 of a student or employee of a public K-12 educational 8 institution; requiring a district’s policy to 9 substantially conform to the Department of Education’s 10 model zero-tolerance policy; requiring a district’s 11 policy to contain specified consequences for a student 12 who commits an act of bullying or harassment; 13 requiring the Department of Education to fine a 14 district school board if the department finds the 15 district school board has failed to enforce the school 16 district’s zero-tolerance policy; specifying the 17 amounts for the fine; authorizing a district school 18 board to require a teacher to pay half of the fine if 19 the failure was due to an act or omission of the 20 teacher; requiring a district school board to deny 21 employment to or terminate a principal or teacher 22 responsible for three enforcement failures; requiring 23 the department to transfer any sums collected to the 24 Chief Financial Officer to be deposited in the General 25 Revenue Fund; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraph (a) of subsection (3) and subsection 30 (4) of section 1006.147, Florida Statutes, are amended to read: 31 1006.147 Bullying and harassment prohibited.— 32 (3) For purposes of this section: 33 (a) “Bullying” includes cyberbullying and means 34 systematically and chronically inflicting physical hurt or 35 psychological distress on one or more students and may involve: 36 1. Teasing, including unkind words; 37 2. Social exclusion; 38 3. Threat; 39 4. Intimidation; 40 5. Stalking; 41 6. Intentionally touching another person against the 42 person’s will or without his or her consent; 43 7. Physical violence; 44 8.7.Theft; 45 9.8.Sexual, religious, or racial harassment; 46 10.9.Public or private humiliation; or 47 11.10.Destruction of property. 48 (4) Each school district shall adopt and review at least 49 every 3 years a zero-tolerance policy prohibiting bullying and 50 harassment of a student or employee of a public K-12 educational 51 institution. Each school district’s zero-tolerance policy shall 52 be in substantial conformity with the Department of Education’s 53 model zero-tolerance policy. The school district bullying and 54 harassment zero-tolerance policy shall afford all students the 55 same protection regardless of their status under the law. The 56 school district may establish separate discrimination policies 57 that include categories of students. The school district shall 58 involve students, parents, teachers, administrators, school 59 staff, school volunteers, community representatives, and local 60 law enforcement agencies in the process of adopting and 61 reviewing the zero-tolerance policy. The school district zero 62 tolerance policy must be implemented by each school principal in 63 a manner that is ongoing throughout the school year and 64 integrated with the school’s curriculum, bullying prevention and 65 intervention program, discipline policies, and other violence 66 prevention efforts. 67 (a) The school district zero-tolerance policy must contain, 68 at a minimum, the following components: 69 1.(a)A statement prohibiting bullying and harassment. 70 2.(b)A definition of bullying and a definition of 71 harassment that include the definitions listed in this section. 72 3.(c)A description of the type of behavior expected from 73 each student and employee of a public K-12 educational 74 institution. 75 4.(d)The consequences for a student or employee of a 76 public K-12 educational institution who commits an act of 77 bullying or harassment. The school district’s zero-tolerance 78 policy concerning the consequences for a student who commits an 79 act of bullying or harassment must provide for all of the 80 following: 81 a. For a first act of bullying or harassment, the student 82 and his or her parent shall sign a written report prepared by 83 the school which documents the incident. A school guidance 84 counselor and the school principal shall also sign the report. 85 b. For a second act of bullying or harassment, an in-person 86 meeting must occur between the student, his or her parent, a 87 school guidance counselor, and the school principal. The school 88 shall also prepare a written report in accordance with this 89 subparagraph. 90 c. For a third act of bullying or harassment, the school’s 91 principal shall recommend the expulsion of the student to the 92 district school superintendent pursuant to s. 1006.09. 93 5.(e)The consequences for a student or employee of a 94 public K-12 educational institution who is found to have 95 wrongfully and intentionally accused another of an act of 96 bullying or harassment. 97 6.(f)A procedure for receiving reports of an alleged act 98 of bullying or harassment, including provisions that permit a 99 person to anonymously report such an act. However, this 100 subparagraphparagraphdoes not permit formal disciplinary 101 action to be based solely on an anonymous report. 102 7.(g)A procedure for the prompt investigation of a report 103 of bullying or harassment and the persons responsible for the 104 investigation. The investigation of a reported act of bullying 105 or harassment is deemed to be a school-related activity and 106 begins with a report of such an act. Incidents that require a 107 reasonable investigation when reported to appropriate school 108 authorities shall include alleged incidents of bullying or 109 harassment allegedly committed against a child while the child 110 is en route to school aboard a school bus or at a school bus 111 stop. 112 8.(h)A process to investigate whether a reported act of 113 bullying or harassment is within the scope of the district 114 school system and, if not, a process for referral of such an act 115 to the appropriate jurisdiction. Computers without web-filtering 116 software or computers with web-filtering software that is 117 disabled shall be used when complaints of cyberbullying are 118 investigated. 119 9.(i)A procedure for providing immediate notification to 120 the parents of a victim of bullying or harassment and the 121 parents of the perpetrator of an act of bullying or harassment, 122 as well as notification to all local agencies where criminal 123 charges may be pursued against the perpetrator. 124 10.(j)A procedure to refer victims and perpetrators of 125 bullying or harassment for counseling. 126 11.(k)A procedure for including incidents of bullying or 127 harassment in the school’s report of data concerning school 128 safety and discipline required under s. 1006.09(6). The report 129 must include each incident of bullying or harassment and the 130 resulting consequences, including discipline and referrals. The 131 report must include in a separate section each alleged incident 132 of bullying or harassment that does not meet the criteria of a 133 prohibited act under this section with recommendations regarding 134 such incidents. The departmentof Educationshall aggregate 135 information contained in the reports. 136 12.(l)A list of programs authorized by the school district 137 that provide instruction to students, parents, teachers, school 138 administrators, counseling staff, and school volunteers on 139 identifying, preventing, and responding to bullying or 140 harassment, including instruction on recognizing behaviors that 141 lead to bullying and harassment and taking appropriate 142 preventive action based on those observations. 143 13.(m)A procedure for regularly reporting to a victim’s 144 parents the actions taken to protect the victim. 145 14.(n)A procedure for publicizing the policy, which must 146 include its publication in the code of student conduct required 147 under s. 1006.07(2) and in all employee handbooks. 148 (b)1. The department shall fine a district school board if 149 the department finds that the district school board has failed 150 to enforce the school district’s zero-tolerance policy 151 prohibiting bullying and harassment of a student or employee of 152 a public K-12 educational institution overseen by the district 153 school board. The department shall fine a district school board 154 $5,000 for a first offence, $10,000 for a second offence, and 155 $25,000 for a third or subsequent offense. 156 2. If the district school board’s failure was due to an act 157 or omission by a teacher employed by the district school board, 158 then the district school board may require the teacher to pay 159 half of the fine to the district school board. 160 3. The district school board shall deny employment to or 161 terminate a school principal or teacher responsible for three 162 failures to enforce the district school board’s policy. 163 4. The department shall transfer any sums collected under 164 this paragraph to the Chief Financial Officer to be deposited in 165 the General Revenue Fund. 166 Section 2. This act shall take effect July 1, 2021.