Autistic children are often on the receiving end of teasing, exclusion and worse, and they may not report it, or may report it in ways adults miss. Florida has a specific law on bullying in public schools: the Jeffrey Johnston Stand Up for All Students Act, section 1006.147, Florida Statutes. Knowing what it says helps you use the right words when you report, ask for the right follow-up, and connect bullying to your child's IEP. This guide explains the law, what every district policy must include, and how to document incidents.
How does Florida law define bullying?
Under s. 1006.147(3)(a), "bullying" "includes cyberbullying and means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve:"
- Teasing;
- Social exclusion;
- Threat;
- Intimidation;
- Stalking;
- Physical violence;
- Theft;
- Sexual, religious, or racial harassment;
- Public or private humiliation; or
- Destruction of property.
Notice the words "systematically and chronically." A single unkind moment may not meet the definition of bullying, but a pattern does. That is one reason a written record of every incident matters.
The statute separately defines harassment as "any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee" that puts the student in reasonable fear of harm, substantially interferes with their educational performance, opportunities or benefits, or substantially disrupts the school. Harassment does not need a long pattern. Both definitions also include retaliation for reporting, and getting others to do the bullying through "incitement or coercion."
For autistic students, some situations fit these definitions closely: being repeatedly excluded from a group, being set up to have a meltdown for others to film, being mocked for stimming or for how they speak, or being "dared" into rule-breaking by peers who know they will take it literally.
Where does the law apply: buses, online, off campus?
Section 1006.147(2) prohibits bullying and harassment of any student or employee of a public K-12 school:
- during any education program or activity of the school;
- during any school-related or school-sponsored program or activity, or on a school bus;
- through computers, systems or networks within the scope of the school; and
- through technology or devices off campus that are not owned by the school, "if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the education process or orderly operation of a school."
The statute also says investigations must include alleged incidents "while the child is en route to school aboard a school bus or at a school bus stop." If your child rides the bus, ask how the school supervises the bus stop and the ride, and whether a seat assignment or a bus aide is part of their plan.
The law covers public K-12 educational institutions. If your child attends a private school, ask for that school's own policy in writing.
What must every Florida district's bullying policy include?
Each district must adopt a policy, review it at least every 3 years, and keep it in "substantial conformity" with the Florida Department of Education's model policy. Under s. 1006.147(4), the policy must include, at a minimum:
- a statement prohibiting bullying and harassment, with the statutory definitions;
- consequences for students and employees who bully, and for anyone who wrongfully and intentionally accuses someone;
- a procedure for reporting, "including provisions that permit a person to anonymously report," though discipline cannot rest solely on an anonymous report;
- a procedure "for the prompt investigation of a report," naming who investigates;
- a process to decide whether an incident is within the school's scope, and to refer it elsewhere if not;
- "immediate notification to the parents of a victim of bullying or harassment and the parents of the perpetrator," plus notice to local agencies where criminal charges may be pursued;
- referral of victims and perpetrators for counseling;
- reporting each incident in the school's safety and discipline data;
- training programs for staff, students and parents; and
- "a procedure for regularly reporting to a victim's parents the actions taken to protect the victim."
The district policy must also be published in the code of student conduct. Ask your school for the current code, or find it on your district's website, so you can follow its reporting steps exactly.
The statute protects good-faith reporters: a parent, student, employee or volunteer who "promptly reports in good faith" under the policy is immune from a lawsuit for damages arising from the report itself.
How should I document and report bullying?
- Write it down the same day. Date, time, place, who was involved, who saw it, what your child said or showed you, and any injuries or damaged property. Use your child's own words where possible.
- Keep evidence. Screenshots of messages or posts, photos of injuries or damaged belongings, and any notes from teachers.
- Report in writing to the person named in the district policy. Usually that is the principal or a designee. Email is fine; it creates a dated record. Use the word "bullying" or "harassment" and cite s. 1006.147.
- Ask for the follow-up the law requires. Ask who is investigating, when you will hear back, and what will be done to protect your child, since the policy must include regular reporting to the victim's parents on actions taken.
- Keep a log of every incident and every response. A pattern is part of the definition.
A short report might read: "I am reporting bullying of my son, [name], grade [x], under s. 1006.147 and the district's bullying policy. On [date] at [place], [what happened]. This is the [number] incident since [date]; earlier reports were made on [dates]. Please confirm who will investigate, notify me of the outcome, and tell me what steps will be taken to protect him. I would also like to discuss whether his IEP needs to be reviewed."
How does bullying connect to my child's IEP?
If bullying is affecting your child's learning, attendance, behavior or willingness to go to school, that is an IEP issue as well as a discipline issue. You can ask for an IEP meeting to discuss:
- supervision plans for unstructured times such as lunch, recess, hallways and the bus;
- a trusted adult and a simple way for your child to report, such as a card, a picture or a phrase they have practiced;
- social communication goals, for example recognizing teasing versus friendly joking, or asking for help;
- a review of the behavior plan if bullying is triggering behavior that gets your child disciplined. See suspensions and manifestation determinations.
Our Florida IEP guide explains how to request a meeting, and IEP dispute options covers what to do if you disagree with the school's response.
Harassment based on disability can also raise federal civil rights issues under Section 504 and the Americans with Disabilities Act, which the US Department of Education's Office for Civil Rights enforces. Whether a particular situation is a civil rights violation is a question for that office or a Florida attorney.
How can ABA help an autistic child who is being bullied?
ABA does not put the responsibility for bullying on the child; the school must stop it. But some skills can help a child stay safer and be heard:
- telling a trusted adult, and practicing exactly who and how;
- noticing and naming feelings like "scared" or "embarrassed" (see ABA tools for emotional regulation);
- simple scripts for walking away or saying "stop";
- joining structured activities where friendships can form.
Hope Center provides ABA at home, in our centers and at school where allowed, with weekly parent training, and our staff can join IEP meetings. Our approach is assent-based and trauma-informed. To talk about your child, contact us or call 561-337-8865 for a free consultation and benefits check. If your child is in immediate danger, call 911.