Sunday, October 25, 2009

Minions of the LIght, Rescue Has Arrived Malgre Lui from the Bullying Professional Standards Racket

Minons of the Light, Faites Attention!

Lee Drury De Cesare mounts a camel at the pyramids in Giza. The camel-driver has three wives. Why not? He's kind of cute.

Minions of the Light: See below my annotated Bulling Law. The administration has distorted it by pretending that it applies only to students. It applies to student plus anybody who draws a salary from the schools.

I have filed a charge against Tom Gonzalez, Elia, and all board members on Steve Kemp's behalf because
Steve won't issue the summary document that closes Steves "child-abuse" case that he served suspension for a year for despite the sheriff's throwing out the case the very day Ron Smiley filed it. Tom Gonzalez also hinted that Steve's case would be reopened and sent to the panel for judgment when Steve asked the board why his and the Toe Cracker's case, both of which got similar remarks from the Sheriff's investigation, got such different treatment Ron Smiley filed it with Morris's complicity as a way to ramp up their administration bona fides to climb the ladder to ROSSAC's bloated-salary jobs. That's intimidation and public humiliation, both verboten in the Bullying Bill.

The legislature's bullying law indeed is the ticket to defanging Professional Standards' bullying of teachers.

There is no time limits on the law; so I urge both Bart Birdsall and Steve Kemp to file bullying charges against the Professional Standards office, Gonzalez, the board, and Elia for bullying. Only such initiative in using in the bullying tool by trod-upon teachers will reveal its breadth and potential for fighting administrative and board bullying.

I want to see if the new head of CTA has the imagination, intelligence, and resolve to encourage teachers bullied by the administration to use the bullying law to fight back. That will test his resolve to do something solid to make teachers' lives better.

My highlights are red and comments are green below:

Synopsis: Passing by a
unanimous vote in the Senate, and with a promised signature of the Governor, Florida's new law (April 30, 2008) has been graded an A++ law - in my opinion, the BEST Anti Bullying Law written to date. "The Perfect Law 2006" was revised to mirror this Florida statute.

HB 669 - School Safety
"Jeffrey Johnston Stand Up for All Students Act"


A bill to be entitled
An act relating to school safety; creating s. 1006.147, F.S.; providing a short title; prohibiting bullying and harassment of any student or employee I have complained that the school has cited only students and have not cited the bill accurately as to the people covered. of a public K-12 educational institution; providing definitions; requiring each school district to adopt a policy prohibiting such bullying and harassment; providing minimum requirements for the contents of the policy; requiring the Department of Education to develop a model policy; providing immunity; providing restrictions with respect to defense of an action and application of the section; requiring department approval of a school district's policy and school district compliance with reporting procedures as prerequisites to receipt of safe schools funds; I shall find out who issues these funds and protest the administration's and board's receiving them for truncating the bill. requiring a report on implementation; providing for construction; providing for severability; providing an effective date.

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

Section 1. Section 1006.147, Florida Statutes, is created to read: 1006.147 Bullying and harassment prohibited.

(1) This section may be cited as the "Jeffrey Johnston Stand Up for All Students Act."

(2) Bullying or harassment of any student or school employee of a public K-12 educational institution is prohibited:

(a) During any education program or activity This inclusive: the whole gang is responsible and liable. conducted by a public K-12 educational institution;

(b) During any school-related or school-sponsored program or activity or on a school bus of a public K-12 educational institution; or

(c) Through the use of data or computer software that is accessed through a computer, computer system, or computer network of a public K-12 educational institution.

(3) For purposes of this section:

(a) "Bullying" means systematically and chronically inflicting physical hurt or psychological distress Teachers suffer severe anxiety and psychological distress when as in Steve's and Bart's cases, the board and administration and Professional Standards gang up on them to threaten their jobs. on one or more students and may involve:

1. Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual or racial harassment;
9. Public humiliation; or
10. Destruction of property.
(b) "Harassment" means 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:

1. Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property;

2. Has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or

3. Has the effect of substantially disrupting the orderly operation of a school.

(c) Definitions in s. 815.03 and the definition in s. 784.048(1) (d) relating to stalking are applicable to this section.

(d) The definitions of "bullying" and "harassment" include:

1. Retaliation This is sine qua non of the charges against teachers such as Bart and Steve. against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation.

2. Perpetuation of conduct listed in paragraph (a) or paragraph (b) by an individual or group with intent to demean, dehumanize, embarrass, Could you characterize administrative and board behavior toward teachers better? or cause physical harm to a student or school employee, by:

a. Incitement or coercion; This word applies constantly to the efforts of the administration and board to threaten teachers who won't shut with loss of their jobs.

b. Accessing or knowingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the district school system; or

c. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment. Bingo!

(4) By December 1, 2008, each school district shall adopt a policy prohibiting bullying and harassment of any student or employee of a public K-12 educational institution. Each school district's policy shall be in substantial conformity with the Department of Education's model policy mandated in subsection

(5). The school district bullying and harassment policy shall afford all students the same protection regardless of their status under law. The school district may establish separate discrimination policies that include categories of students. The school district shall involve students, parents, teachers, administrators, school staff, school volunteers, community representatives, That is I--Little me, moi, moi meme. and local law enforcement agencies in the process of adopting the policy.

The school district policy must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies, and other violence prevention efforts. The school district policy must contain, at a minimum, the following components:

(a) A statement prohibiting bullying and harassment.

(b) A definition of bullying and a definition of harassment that include the definitions listed in this section.

(c) A description of the type of behavior expected from each student and school employee of a public K-12 educational institution.

(d) The consequences for a student or employee of a public K-12 educational institution who commits an act of bullying or harassment.

(e) The consequences for a student or employee of a public K-12 educational institution who is found to have wrongfully and intentionally accused another of an act of bullying or harassment.

(f) A procedure for reporting an act of bullying or harassment, including provisions that permit a person to anonymously report such an act. However, this paragraph does not permit formal disciplinary action to be based solely on an anonymous report.

(g) A procedure for the prompt investigation of a report of bullying or harassment and the persons responsible for the investigation. The investigation of a reported act of bullying or harassment is deemed to be a school-related activity and begins with a report of such an act. Incidents that require a prompt investigation when reported to appropriate school authorities shall include alleged incidents of bullying or harassment allegedly committed against a child while the child is en route to school or waiting for transportation to school at a designated school bus stop.

(h) A process to investigate whether a reported act of bullying or harassment is within the scope of the district school system and, if not, a process for referral of such an act to the appropriate jurisdiction. I have reminded the bullying overlords that I have not received any notice that they have received my complaint and no update on its investigation. I write the same complaint again soon. Always be a squeaky wheel in these situations. Don't be afraid to be hated. They can't eat you.

(i) A procedure for providing immediate notification to the parents of a victim of bullying or harassment and the parents of the perpetrator of an act of bullying or harassment, as well as notification to all local agencies where criminal charges may be pursued against the perpetrator.

(j) A procedure to refer victims and perpetrators of bullying or harassment for counseling. Professional Standards Linda Kipley did nothing but lie to Bart and try to scare him out of his mind; she never asked how he was holding up under the charges she and Elia cooked up to scare him with job loss. Bart went to counseling, but of his own volition, not La Kipley's suggestion.

(k) A procedure for including incidents of bullying or harassment in the school's report of safety and discipline data required under s. 1006.09(6). I have to ask Linda Cobbe of Community Services about this filing. It's public information. The report must include each incident of bullying and harassment and the resulting consequences, including discipline and referrals. The report must include in a separate section each reported incident of bullying or harassment that does not meet the criteria of a prohibited act under this section with recommendations regarding such incidents. The Department of Education shall aggregate information contained in the reports.

(l) A procedure for providing instruction to students, parents, teachers, school administrators, counseling staff, and school volunteers on identifying, preventing, and responding to bullying or harassment. For years Bart Birdsall and Jane, a mother with a gay son at Hillsborough High, chased after administrators to get them to implement anti-bullying seminars.The board members ran from them. Once to help out Bart and Jane's efforts, I ran down Earl the Pearl Lennard in a political meeting in stilettos, caught him, and got him to promise to implement Bart's and Jane's suggestions. Lennard said he would. He lied.

(m) A procedure for regularly reporting to a victim's parents the actions taken to protect the victim.

(n) A procedure for publicizing the policy which must include its publication in the code of student conduct required under s. 1006.07(2) and in all employee handbooks.

(5) To assist school districts in developing policies prohibiting bullying and harassment, the Department of Education shall develop a model policy that shall be provided to school districts no later than October 1, 2008. Dr. Smith, head of the Department of Education is a cipher who comes out of the state school bureaucracy. So you can't get him to do anything unless you look up the boards he serves on and send them the message too. I have embarrassed him into doing a thing or two with that maneuver.

(6) A school employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying or harassment to the appropriate school official designated in the school district's policy and who makes this report in compliance with the procedures set forth in the policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.

(7)(a) The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action or prosecution initiated under this section.

(b) This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, or computer network when acting within the scope of his or her lawful employment or investigating a violation of this section in accordance with school district policy.

(8) Distribution of safe schools funds to a school district provided in the 2009-2010 General Appropriations Act is contingent upon and payable to the school district upon the Department of Education approval of the school district's bullying and harassment policy. Here's my ticket to writing Dr. Smith. The department's approval of each school district's bullying and harassment policy shall be granted upon certification by the department that the school district's policy has been submitted to the department and is in substantial conformity with the department's model bullying and harassment policy as mandated in subsection

(5). Distribution of safe schools funds provided to a school district in fiscal year 2010-2011 and thereafter shall be contingent upon and payable to the school district upon the school district compliance with all reporting procedures contained in this section. We can ask for these reporting procedures under the Open Government rule. I shall.

(9) On or before January 1 of each year, the Commissioner of Education shall report to the Governor, the President of the Senate and the Speaker of the This means we have to get complaints in before the end of the year. Mark your calenders. House of Representatives on the implementation of this section. The report shall include pertinent data collected pursuant to paragraph (4) (k).

(10) Nothing in this section shall be construed to abridge the rights of students or school employees that are protected by the First Amendment to the Constitution of the United States.The board will have trouble with Constitutional rights. Chair Carol has abridged my free-speech rights by confiscating my requests to address the board on agenda items. On a slow day, I will get to this issue and raise some Cain.

Section 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
Section 3. This act shall take effect upon becoming a law.

The "Jeffrey Johnston Stand Up for All Students Act" is a memorial to Jeffrey Johnston, son of Debbie and Robert Johnston. Jeffrey's story can now be found, with other "bullycide" stories, in the book, "Bullycide in America: Moms speak out about the bullying/suicide connection". The book can be ordered at

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