Friday, November 13, 2009

Call the Law!




From: lee de cesare [mailto:tdecesar@taMPAbay.rr.com]
Sent: Friday, November 13, 2009 2:06 PM

Subject: flouting the law


Secretary of Education Smith

Turlington Building 1514

325 West James Court

Tallahassee, FL 32300

11/13/2009


Dear Secretary of Education Smith:

Attached below you will find a request to the Attorney General for an opinion on school board and administration's flouting Hillsborough County's duty to carry out HB 669 on bullying as it is written.

I attach a copy of the law with my color annotations and a copy of the document that I believe the administration and board sent to you laying out how they would enact the law.

The board and administration have not followed this plan they submitted to you. They exclude adults. Board member Candy Olson requested and got from School Board Attorney Tom Gonzalez an ad hoc ruling from him in which he asserted that the law covered only students, not adults. The record of this assertion is on the school board secretary's tape.


You cannot as Secretary of the Schools allow such blatant trampling on the law as it was written by the legislature. Such behavior makes a mockery of democracy, and it calls into question what the senior schools officer can and will do to make sure that a renegade school district carries out the law as it is written.


Please advise me what you will do with this submitting to you of a false promise of including both adults and students in the schools' carrying out of the law and how you ensure that the school system of Hillsborough County carries out the bullying law as it is written, not as the system finds it convenient to it: a partial carrying out of the bullying law in the Hillsborough County School system.


Respectfully,



(Ms.) Lee Drury De Cesare

15316 Gulf Boulevard 802

Madeira Beach, FL 33708

tdecesar@tampabay.rr.com

leedrurydecesarescasting-roomcouch.blogspot.com.



c: Governor Crist

Attorney General Mc Collum

Legislative Delegation of Hillsborough County


Attorney General Bill McCollum

State of Florida,

The Capitol PL-01

Tallahassee, FL 32399-1050

11/13/2009



Dear General

McCollum:



Please consider this a formal request for an Attorney-General opinion on Hillsborough County's School Board's refusal to carry out the state anti-bullying law as it is written.



The anti-bullying law says both students and employees are subject to it.

The board sent Secretary of Education Smith an implementation plan that included adults.


However, the school Web site for reporting bullying has only students as victims and a list of the schools where students may be involved in bullying.


When I filed a bullying charge against adults, the Community Relations head, Steve Hegarty, sent me an email saying my charge was "inappropriate." He did not define the term as it applies to adult bullying.



In addition, Hillsborough County school-board lawyer, Tom Gonzalez, issued a verbal opinion from the board podium in his official capacity at the behest of Board Member Candy Olson. The board attorney claimed that students are subject to the bullying law, not adults.


These two scofflaws aim to negate the bullying law's application to adults working for the schools as well as students so that the Professional Standards Office can continue to bully teachers by covert threats of losing their jobs if they speak out against administration and board mismanagement.


The administration has in the past filed false charges against teachers for marginal or even manufactured reasons.


A blogging teacher's price for keeping his or her job is to shut down his blog and abrogate his First Amendment rights to have the charge dismissed and his job retained . The board and administration are anxious that the public get no idea of how they really run the schools; they want all news about their reign to come through the Public Affairs Laundromat.


I have observed that the school attorney has a history of ad hoc rulings that coincide with the board and administration's wish to ignore inconvenient laws such Title VII in hiring or in vindicating of no-bid contracts for buddies that the board and administration indulge in. Attorney Gonzalez once hinted that if I asked the federal government for contract-compliance reviews of school grants that he could sue me for extortion despite the SLAPP law.


Mr. Gonzalez gets away with slipshod performance as board attorney but makes $275,00 a year from the sinecure because nobody questions his deficient performance; the board is well satisfied with him for his rulings that bend laws to match the board's behavior.


Such is the one cited above on HB 669. the bullying law.


In addition, people don't speak out for fear a member of the bar can sue and reduce them to penury despite the SLAPP law's protection.


The board and administration are content with the Gonzalez law-twisting performance that makes their flouting laws they swore to uphold assume a parochial legality.


The board and administration also have scant respect for the free-speech rights of anyone's critiquing their performance; they would suspend the First Amendment completely if they thought they could get away with it. But that is a Constitutional right. Bullying is only state law, so they dare abrogate it with conviction that they can get away with it.


It remains for your office, the governor's, and the state Education Secretary's to call this bluff.


Especially since you are running for governor, a position that will make possible your using your power to combat the trampling of laws by boards and school board attorneys, I ask that you issue an Attorney General opinion on this illegal situation. It will give voters a view of your future behavior when you are elected governor.


I attach a color-annotated copy of the HB 669 bullying law for your review. I attach as well the bullying statement that the board and administration sent to the Secretary of Education, Mr. Smith, to satisfy his reporting requirement.

This statement is not coincident with practice in Hillsborough County. The board and administration include adults as liable and protected in the bullying statement for Dr. Smith but abrogate adults' inclusion in the schools in practice with the board attorney's assessment from the board podium that this partial carrying out of the bully law in the Hillsborough County schools is legal.


Respectfully,


(Ms.) Lee Drury De Cesare

15316 Gulf Boulevard 802

Madeira Beach, FL 33708

tdecesar@tampabay.rr.com

leedrurydecesarescasting-roomcouch.blogspot.com.


c: Governor Crist

Patrick Manteiga, La Gaceta

Secretary of Schools Smith

Hillsborough County Bar

Florida Bar

Marshal@sptimes.com

Smith@sptimes.com

solochek@sptimes.com


THE


SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

Hillsborough County Public Schools

Policy Against Bullying and Harassment

5517.01/page 1 of 7

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

A++

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 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; 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 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 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 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, or cause physical harm to a student or school employee, by:
a. Incitement or coercion;
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.
(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, 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) 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.
(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). 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.
(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.
(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. 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.
(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 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.

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 www.bullycide.org.


It is the policy of Hillsborough County Public Schools that all of its students and school

employees have an educational setting that is safe, secure, and free from harassment and

bullying of any kind. The district will not tolerate bullying or harassment of any type.

Conduct that constitutes bullying or harassment, as defined herein, is prohibited.

Definitions

“Bullying” means systematically and chronically inflicting physical hurt or psychological

distress on one or more students, employees, or visitors. It is further defined as unwanted

and repeated written, verbal, or physical behavior, including any threatening, insulting, or

dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an

intimidating, hostile, or offensive educational environment; cause discomfort or humiliation;

or unreasonably interfere with the individual’s school performance or participation; and may

involve but is not limited to:

A. Teasing

B. Social Exclusion

C. Threat

D. Intimidation

E. Stalking

F. Cyberbullying

G. Cyberstalking

H. Physical violence

I. Theft

J. Sexual, religious, or racial harassment

K. Public humiliation

L. Destruction of property

“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:

A. places a student or school employee in reasonable fear of harm to his or her

person or damage to his or her property; or

B. has the effect of substantially interfering with a student’s educational

performance, opportunities, or benefits; or

C. has the effect of substantially disrupting the orderly operation of a school

Bullying and harassment also encompasses:

A. Retaliation 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.

B. Perpetuation of conduct listed in the definition of bullying or harassment by an

individual or group with intent to demean, dehumanize, embarrass, or cause

emotional or physical harm to a student or school employee by:

1. Incitement or coercion;

1

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 1 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 2 of 7

2. Accessing or knowingly and willingly 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

3. Acting in a manner that has an effect substantially similar to the effect of

bullying or harassment.

"Harassment" or "bullying" also includes electronically transmitted acts (i.e., internet, e-mail,

cellular telephone, personal digital assistance (PDA), or wireless hand-held device) directed

toward a student(s) or staff member(s) that causes mental or physical harm or is sufficiently

severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive

educational environment for the other student(s).

Cyberstalking as defined in s. 784.048(1)(d), F.S., means to engage in a course of conduct

to communicate, or to cause to be communicated, words, images, or language by or through

the use of electronic mail or electronic communication, directed at a specific person, causing

substantial emotional distress to that person and serving no legitimate purpose.

Expected Behavior

Hillsborough County Public Schools expects students and school employees to conduct

themselves appropriately for their levels of development, maturity, and demonstrated

capabilities, with a proper regard for the rights and welfare of other students and school

staff, the educational purpose underlying all school activities, and the care of school facilities

and equipment.

The school district believes that standards for student behavior must be set cooperatively

through interaction among the students, parents/legal guardians, staff, and community

members producing an atmosphere that encourages students to grow in self-discipline. The

development of this atmosphere requires respect for self and others, as well as for district

and community property on the part of students, staff, and community members. Since

students learn by example, school administrators, faculty, staff, and volunteers will

demonstrate appropriate behavior; treat others with civility and respect, and refuse to

tolerate bullying or harassment.

The school district upholds that school-related bullying or harassment of any student or

school employee is prohibited:

A. During any education program or activity conducted by a school sites educational

institution;

B. During any school-related or school-sponsored program or activity;

C. On a school bus or bus stop of a school sites educational institution; or

D. Through the use of data or computer software that is accessed through a

computer, computer system, or computer network of a school sites education

institution.

Consequences

Concluding whether a particular action or incident constitutes a violation of this policy

requires a determination based on all of the facts and surrounding circumstances. The

physical location or time of access of a computer-related incident cannot be raised as a

defense in any disciplinary action. Consequences and appropriate remedial action for

students who commit acts of bullying or harassment may range from positive behavioral

2

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 2 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 3 of 7

interventions up to and including suspension or expulsion, as outlined in the Code of

Student Conduct. A district employee found to have committed an act of bullying or

harassment may be disciplined in accordance with district policies, procedures, and

agreements. Additionally, egregious acts of harassment by certified educators may result in

a sanction against that educator’s state issued certificate. (See State Board of Education

Rule 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in

Florida.) Consequences and appropriate remedial action for a visitor or volunteer, found to

have committed an act of bullying or harassment shall be determined by the school

administrator after consideration of the nature and circumstances of the act, including

reports to appropriate law enforcement officials.

Consequences and appropriate remedial action for a student found to have wrongfully and

intentionally accused another as a means of bullying or harassment range from positive

behavioral interventions up to and including suspension or expulsion, as outlined in the

Code of Student Conduct. A district employee found to have wrongfully and intentionally

accused another as a means of bullying or harassment may be disciplined in accordance

with district policies, procedures, and agreements. Consequences and appropriate remedial

action for a visitor or volunteer, found to have wrongfully and intentionally accused another

as a means of bullying or harassment shall be determined by the school administrator after

consideration of the nature and circumstances of the act, including reports to appropriate

law enforcement officials.

Procedure for Reporting

At each school, the principal or the principal’s designee is responsible for receiving

complaints alleging violations of this policy. All school employees are required to report

alleged violations of this policy to the principal or the principal’s designee. All other members

of the school community, including students, parents/legal guardians, volunteers, and

visitors are encouraged to report any act that may be a violation of this policy anonymously

or in-person to the principal or principal’s designee.

The principal/site administrator of each school or site in the district shall establish, publicize,

and prominently post (e.g., posters, student handbook, district website, school website) to

students, staff, volunteers, and parents/legal guardians, how a report of bullying or

harassment may be filed either in-person or anonymously and how this report will be acted

upon. The victim of bullying or harassment, anyone who witnessed the bullying or

harassment, and anyone who has credible information that an act of bullying or harassment

has taken place may file a report of bullying or harassment. A district employee, school

volunteer, student, parent/legal guardian or other persons who promptly reports in good faith

an act of bullying or harassment to the appropriate school official and who makes this report

in compliance with the procedures set forth in the district policy is immune from a cause of

action for damages arising out of the reporting itself or any failure to remedy the reported

incident. Submission of a good faith complaint or report of bullying or harassment will not

affect the complainant or reporter’s future employment, grades, learning, working

environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an

official means of reporting such act(s). Reports may be made anonymously, but formal

disciplinary action may not be based solely on the basis of an anonymous report.

3

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 3 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

Hillsborough County Public Schools

Policy Against Bullying and Harassment

5517.01/page 1 of 7

It is the policy of Hillsborough County Public Schools that all of its students and school

employees have an educational setting that is safe, secure, and free from harassment and

bullying of any kind. The district will not tolerate bullying or harassment of any type.

Conduct that constitutes bullying or harassment, as defined herein, is prohibited.

Definitions

“Bullying” means systematically and chronically inflicting physical hurt or psychological

distress on one or more students, employees, or visitors. It is further defined as unwanted

and repeated written, verbal, or physical behavior, including any threatening, insulting, or

dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an

intimidating, hostile, or offensive educational environment; cause discomfort or humiliation;

or unreasonably interfere with the individual’s school performance or participation; and may

involve but is not limited to:

A. Teasing

B. Social Exclusion

C. Threat

D. Intimidation

E. Stalking

F. Cyberbullying

G. Cyberstalking

H. Physical violence

I. Theft

J. Sexual, religious, or racial harassment

K. Public humiliation

L. Destruction of property

“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:

A. places a student or school employee in reasonable fear of harm to his or her

person or damage to his or her property; or

B. has the effect of substantially interfering with a student’s educational

performance, opportunities, or benefits; or

C. has the effect of substantially disrupting the orderly operation of a school

Bullying and harassment also encompasses:

A. Retaliation 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.

B. Perpetuation of conduct listed in the definition of bullying or harassment by an

individual or group with intent to demean, dehumanize, embarrass, or cause

emotional or physical harm to a student or school employee by:

1. Incitement or coercion;

1

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 1 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 2 of 7

2. Accessing or knowingly and willingly 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

3. Acting in a manner that has an effect substantially similar to the effect of

bullying or harassment.

"Harassment" or "bullying" also includes electronically transmitted acts (i.e., internet, e-mail,

cellular telephone, personal digital assistance (PDA), or wireless hand-held device) directed

toward a student(s) or staff member(s) that causes mental or physical harm or is sufficiently

severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive

educational environment for the other student(s).

Cyberstalking as defined in s. 784.048(1)(d), F.S., means to engage in a course of conduct

to communicate, or to cause to be communicated, words, images, or language by or through

the use of electronic mail or electronic communication, directed at a specific person, causing

substantial emotional distress to that person and serving no legitimate purpose.

Expected Behavior

Hillsborough County Public Schools expects students and school employees to conduct

themselves appropriately for their levels of development, maturity, and demonstrated

capabilities, with a proper regard for the rights and welfare of other students and school

staff, the educational purpose underlying all school activities, and the care of school facilities

and equipment.

The school district believes that standards for student behavior must be set cooperatively

through interaction among the students, parents/legal guardians, staff, and community

members producing an atmosphere that encourages students to grow in self-discipline. The

development of this atmosphere requires respect for self and others, as well as for district

and community property on the part of students, staff, and community members. Since

students learn by example, school administrators, faculty, staff, and volunteers will

demonstrate appropriate behavior; treat others with civility and respect, and refuse to

tolerate bullying or harassment.

The school district upholds that school-related bullying or harassment of any student or

school employee is prohibited:

A. During any education program or activity conducted by a school sites educational

institution;

B. During any school-related or school-sponsored program or activity;

C. On a school bus or bus stop of a school sites educational institution; or

D. Through the use of data or computer software that is accessed through a

computer, computer system, or computer network of a school sites education

institution.

Consequences

Concluding whether a particular action or incident constitutes a violation of this policy

requires a determination based on all of the facts and surrounding circumstances. The

physical location or time of access of a computer-related incident cannot be raised as a

defense in any disciplinary action. Consequences and appropriate remedial action for

students who commit acts of bullying or harassment may range from positive behavioral

2

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 2 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 3 of 7

interventions up to and including suspension or expulsion, as outlined in the Code of

Student Conduct. A district employee found to have committed an act of bullying or

harassment may be disciplined in accordance with district policies, procedures, and

agreements. Additionally, egregious acts of harassment by certified educators may result in

a sanction against that educator’s state issued certificate. (See State Board of Education

Rule 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in

Florida.) Consequences and appropriate remedial action for a visitor or volunteer, found to

have committed an act of bullying or harassment shall be determined by the school

administrator after consideration of the nature and circumstances of the act, including

reports to appropriate law enforcement officials.

Consequences and appropriate remedial action for a student found to have wrongfully and

intentionally accused another as a means of bullying or harassment range from positive

behavioral interventions up to and including suspension or expulsion, as outlined in the

Code of Student Conduct. A district employee found to have wrongfully and intentionally

accused another as a means of bullying or harassment may be disciplined in accordance

with district policies, procedures, and agreements. Consequences and appropriate remedial

action for a visitor or volunteer, found to have wrongfully and intentionally accused another

as a means of bullying or harassment shall be determined by the school administrator after

consideration of the nature and circumstances of the act, including reports to appropriate

law enforcement officials.

Procedure for Reporting

At each school, the principal or the principal’s designee is responsible for receiving

complaints alleging violations of this policy. All school employees are required to report

alleged violations of this policy to the principal or the principal’s designee. All other members

of the school community, including students, parents/legal guardians, volunteers, and

visitors are encouraged to report any act that may be a violation of this policy anonymously

or in-person to the principal or principal’s designee.

The principal/site administrator of each school or site in the district shall establish, publicize,

and prominently post (e.g., posters, student handbook, district website, school website) to

students, staff, volunteers, and parents/legal guardians, how a report of bullying or

harassment may be filed either in-person or anonymously and how this report will be acted

upon. The victim of bullying or harassment, anyone who witnessed the bullying or

harassment, and anyone who has credible information that an act of bullying or harassment

has taken place may file a report of bullying or harassment. A district employee, school

volunteer, student, parent/legal guardian or other persons who promptly reports in good faith

an act of bullying or harassment to the appropriate school official and who makes this report

in compliance with the procedures set forth in the district policy is immune from a cause of

action for damages arising out of the reporting itself or any failure to remedy the reported

incident. Submission of a good faith complaint or report of bullying or harassment will not

affect the complainant or reporter’s future employment, grades, learning, working

environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an

official means of reporting such act(s). Reports may be made anonymously, but formal

disciplinary action may not be based solely on the basis of an anonymous report.

3

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 3 of 7

Attorney General Bill Mc Gollum

State of Florida,

The Capitol PL-01

Tallahassee, FL 32399-1050

11/13/2009

Dear General Mc Collum:

Please consider this a formal request for an Attorney-General opinion on Hillsborough County's School Board's refusal to carry out the state anti-bullying law as it is written.

The anti-bullying law says both students and employees are subject to it.

The board sent Secretary of Education Smith an implementation plan that included adults. However, the school Web site for reporting bullying has only students as victims and a list of the schools where students may be involved in bullying. When I filed a bullying charge against adults, the Community Relations head, Steve Hegarty, sent me an email saying my charge was "inappropriate." He did not define the term as it applies to adult bullying.

In addition, Hillsborough County school-board lawyer, Tom Gonzalez, issued a verbal opinion from the board podium in his official capacity at the behest of Board Member Candy Olson. The board attorney claimed that students are subject to the bullying law, not adults.

These two scofflaws aim to negate the bullying law's application to adults working for the schools as well as students so that the Professional Standards Office can continue to bully teachers by covert threats of losing their jobs if they speak out against administration and board mismanagement. The administration has in the past filed false charges against teachers for marginal or even manufactured reasons.

A blogging teacher's price for keeping his or her job is to shut down his blog and abrogate his First Amendment rights to have the charge dismissed and his job retained . The board and administration are anxious that the public get no idea of how they really run the schools; they want all news about their reign to come through the Public Affairs Laundromat.

I have observed that the school attorney has a history of ad hoc rulings that coincide with the board and administration's wish to ignore inconvenient laws such Title VII in hiring or in vindicating of no-bid contracts for buddies that the board and administration indulge in. Attorney Gonzalez once hinted that if I asked the federal government for contract-compliance reviews of school grants that he could sue me for extortion despite the SLAPP law.

Mr. Gonzalez gets away with slipshod performance as board attorney but makes $275,00 a year from the sinecure because nobody questions his deficient performance; the board is well satisfied with him for his rulings that bend laws to match the board's behavior. Such is the one cited above on HB 669. the bullying law.

In addition, people don't speak out for fear a member of the bar can sue and reduce them to penury despite the SLAPP law's protection. The board and administration are content with the Gonzalez law-twisting performance that makes their flouting laws they swore to uphold assume a parochial legality.

The board and administration also have scant respect for the free-speech rights of anyone's critiquing their performance; they would suspend the First Amendment completely if they thought they could get away with it. But that is a Constitutional right. Bullying is only state law, so they dare abrogate it with conviction that they can get away with it. It remains for your office, the governor's, and the state Education Secretary's to call this bluff.

Especially since you are running for governor, a position that will make possible your using your power to combat the trampling of laws by boards and school board attorneys, I ask that you issue an Attorney General opinion on this illegal situation. It will give voters a view of your future behavior when you are elected governor.

I attach a color-annotated copy of the HB 669 bullying law for your review. I attach as well the bullying statement that the board and administration sent to the Secretary of Education, Mr. Smith, to satisfy his reporting requirement.

This statement is not coincident with practice in Hillsborough County. The board and administration include adults as liable and protected in the bullying statement for Dr. Smith but abrogate adults' inclusion in the schools in practice with the board attorney's assessment from the board podium that this partial carrying out of the bully law in the Hillsborough County schools is legal..

Respectfully,

(Ms.) Lee Drury De Cesare

15316 Gulf Boulevard 802

Madeira Beach, FL 33708

tdecesar@tampabay.rr.com

leedrurydecesarescasting-roomcouch.blogspot.com

c: Governor Crist

Patrick Manteiga, La Gaceta

Secretary of Schools Smith

Hillsborough County Bar

Florida Bar

Marshal@sptimes.com

Smith@sptimes.com

solochek@sptimes.com

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

Hillsborough County Public Schools

Policy Against Bullying and Harassment

5517.01/page 1 of 7

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

A++

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 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; 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 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 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 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, or cause physical harm to a student or school employee, by:
a. Incitement or coercion;
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.
(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, 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) 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.
(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). 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.
(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.
(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. 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.
(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 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.

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 www.bullycide.org.


It is the policy of Hillsborough County Public Schools that all of its students and school

employees have an educational setting that is safe, secure, and free from harassment and

bullying of any kind. The district will not tolerate bullying or harassment of any type.

Conduct that constitutes bullying or harassment, as defined herein, is prohibited.

Definitions

“Bullying” means systematically and chronically inflicting physical hurt or psychological

distress on one or more students, employees, or visitors. It is further defined as unwanted

and repeated written, verbal, or physical behavior, including any threatening, insulting, or

dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an

intimidating, hostile, or offensive educational environment; cause discomfort or humiliation;

or unreasonably interfere with the individual’s school performance or participation; and may

involve but is not limited to:

A. Teasing

B. Social Exclusion

C. Threat

D. Intimidation

E. Stalking

F. Cyberbullying

G. Cyberstalking

H. Physical violence

I. Theft

J. Sexual, religious, or racial harassment

K. Public humiliation

L. Destruction of property

“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:

A. places a student or school employee in reasonable fear of harm to his or her

person or damage to his or her property; or

B. has the effect of substantially interfering with a student’s educational

performance, opportunities, or benefits; or

C. has the effect of substantially disrupting the orderly operation of a school

Bullying and harassment also encompasses:

A. Retaliation 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.

B. Perpetuation of conduct listed in the definition of bullying or harassment by an

individual or group with intent to demean, dehumanize, embarrass, or cause

emotional or physical harm to a student or school employee by:

1. Incitement or coercion;

1

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 1 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 2 of 7

2. Accessing or knowingly and willingly 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

3. Acting in a manner that has an effect substantially similar to the effect of

bullying or harassment.

"Harassment" or "bullying" also includes electronically transmitted acts (i.e., internet, e-mail,

cellular telephone, personal digital assistance (PDA), or wireless hand-held device) directed

toward a student(s) or staff member(s) that causes mental or physical harm or is sufficiently

severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive

educational environment for the other student(s).

Cyberstalking as defined in s. 784.048(1)(d), F.S., means to engage in a course of conduct

to communicate, or to cause to be communicated, words, images, or language by or through

the use of electronic mail or electronic communication, directed at a specific person, causing

substantial emotional distress to that person and serving no legitimate purpose.

Expected Behavior

Hillsborough County Public Schools expects students and school employees to conduct

themselves appropriately for their levels of development, maturity, and demonstrated

capabilities, with a proper regard for the rights and welfare of other students and school

staff, the educational purpose underlying all school activities, and the care of school facilities

and equipment.

The school district believes that standards for student behavior must be set cooperatively

through interaction among the students, parents/legal guardians, staff, and community

members producing an atmosphere that encourages students to grow in self-discipline. The

development of this atmosphere requires respect for self and others, as well as for district

and community property on the part of students, staff, and community members. Since

students learn by example, school administrators, faculty, staff, and volunteers will

demonstrate appropriate behavior; treat others with civility and respect, and refuse to

tolerate bullying or harassment.

The school district upholds that school-related bullying or harassment of any student or

school employee is prohibited:

A. During any education program or activity conducted by a school sites educational

institution;

B. During any school-related or school-sponsored program or activity;

C. On a school bus or bus stop of a school sites educational institution; or

D. Through the use of data or computer software that is accessed through a

computer, computer system, or computer network of a school sites education

institution.

Consequences

Concluding whether a particular action or incident constitutes a violation of this policy

requires a determination based on all of the facts and surrounding circumstances. The

physical location or time of access of a computer-related incident cannot be raised as a

defense in any disciplinary action. Consequences and appropriate remedial action for

students who commit acts of bullying or harassment may range from positive behavioral

2

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 2 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 3 of 7

interventions up to and including suspension or expulsion, as outlined in the Code of

Student Conduct. A district employee found to have committed an act of bullying or

harassment may be disciplined in accordance with district policies, procedures, and

agreements. Additionally, egregious acts of harassment by certified educators may result in

a sanction against that educator’s state issued certificate. (See State Board of Education

Rule 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in

Florida.) Consequences and appropriate remedial action for a visitor or volunteer, found to

have committed an act of bullying or harassment shall be determined by the school

administrator after consideration of the nature and circumstances of the act, including

reports to appropriate law enforcement officials.

Consequences and appropriate remedial action for a student found to have wrongfully and

intentionally accused another as a means of bullying or harassment range from positive

behavioral interventions up to and including suspension or expulsion, as outlined in the

Code of Student Conduct. A district employee found to have wrongfully and intentionally

accused another as a means of bullying or harassment may be disciplined in accordance

with district policies, procedures, and agreements. Consequences and appropriate remedial

action for a visitor or volunteer, found to have wrongfully and intentionally accused another

as a means of bullying or harassment shall be determined by the school administrator after

consideration of the nature and circumstances of the act, including reports to appropriate

law enforcement officials.

Procedure for Reporting

At each school, the principal or the principal’s designee is responsible for receiving

complaints alleging violations of this policy. All school employees are required to report

alleged violations of this policy to the principal or the principal’s designee. All other members

of the school community, including students, parents/legal guardians, volunteers, and

visitors are encouraged to report any act that may be a violation of this policy anonymously

or in-person to the principal or principal’s designee.

The principal/site administrator of each school or site in the district shall establish, publicize,

and prominently post (e.g., posters, student handbook, district website, school website) to

students, staff, volunteers, and parents/legal guardians, how a report of bullying or

harassment may be filed either in-person or anonymously and how this report will be acted

upon. The victim of bullying or harassment, anyone who witnessed the bullying or

harassment, and anyone who has credible information that an act of bullying or harassment

has taken place may file a report of bullying or harassment. A district employee, school

volunteer, student, parent/legal guardian or other persons who promptly reports in good faith

an act of bullying or harassment to the appropriate school official and who makes this report

in compliance with the procedures set forth in the district policy is immune from a cause of

action for damages arising out of the reporting itself or any failure to remedy the reported

incident. Submission of a good faith complaint or report of bullying or harassment will not

affect the complainant or reporter’s future employment, grades, learning, working

environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an

official means of reporting such act(s). Reports may be made anonymously, but formal

disciplinary action may not be based solely on the basis of an anonymous report.

3

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 3 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

Hillsborough County Public Schools

Policy Against Bullying and Harassment

5517.01/page 1 of 7

It is the policy of Hillsborough County Public Schools that all of its students and school

employees have an educational setting that is safe, secure, and free from harassment and

bullying of any kind. The district will not tolerate bullying or harassment of any type.

Conduct that constitutes bullying or harassment, as defined herein, is prohibited.

Definitions

“Bullying” means systematically and chronically inflicting physical hurt or psychological

distress on one or more students, employees, or visitors. It is further defined as unwanted

and repeated written, verbal, or physical behavior, including any threatening, insulting, or

dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an

intimidating, hostile, or offensive educational environment; cause discomfort or humiliation;

or unreasonably interfere with the individual’s school performance or participation; and may

involve but is not limited to:

A. Teasing

B. Social Exclusion

C. Threat

D. Intimidation

E. Stalking

F. Cyberbullying

G. Cyberstalking

H. Physical violence

I. Theft

J. Sexual, religious, or racial harassment

K. Public humiliation

L. Destruction of property

“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:

A. places a student or school employee in reasonable fear of harm to his or her

person or damage to his or her property; or

B. has the effect of substantially interfering with a student’s educational

performance, opportunities, or benefits; or

C. has the effect of substantially disrupting the orderly operation of a school

Bullying and harassment also encompasses:

A. Retaliation 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.

B. Perpetuation of conduct listed in the definition of bullying or harassment by an

individual or group with intent to demean, dehumanize, embarrass, or cause

emotional or physical harm to a student or school employee by:

1. Incitement or coercion;

1

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 1 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 2 of 7

2. Accessing or knowingly and willingly 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

3. Acting in a manner that has an effect substantially similar to the effect of

bullying or harassment.

"Harassment" or "bullying" also includes electronically transmitted acts (i.e., internet, e-mail,

cellular telephone, personal digital assistance (PDA), or wireless hand-held device) directed

toward a student(s) or staff member(s) that causes mental or physical harm or is sufficiently

severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive

educational environment for the other student(s).

Cyberstalking as defined in s. 784.048(1)(d), F.S., means to engage in a course of conduct

to communicate, or to cause to be communicated, words, images, or language by or through

the use of electronic mail or electronic communication, directed at a specific person, causing

substantial emotional distress to that person and serving no legitimate purpose.

Expected Behavior

Hillsborough County Public Schools expects students and school employees to conduct

themselves appropriately for their levels of development, maturity, and demonstrated

capabilities, with a proper regard for the rights and welfare of other students and school

staff, the educational purpose underlying all school activities, and the care of school facilities

and equipment.

The school district believes that standards for student behavior must be set cooperatively

through interaction among the students, parents/legal guardians, staff, and community

members producing an atmosphere that encourages students to grow in self-discipline. The

development of this atmosphere requires respect for self and others, as well as for district

and community property on the part of students, staff, and community members. Since

students learn by example, school administrators, faculty, staff, and volunteers will

demonstrate appropriate behavior; treat others with civility and respect, and refuse to

tolerate bullying or harassment.

The school district upholds that school-related bullying or harassment of any student or

school employee is prohibited:

A. During any education program or activity conducted by a school sites educational

institution;

B. During any school-related or school-sponsored program or activity;

C. On a school bus or bus stop of a school sites educational institution; or

D. Through the use of data or computer software that is accessed through a

computer, computer system, or computer network of a school sites education

institution.

Consequences

Concluding whether a particular action or incident constitutes a violation of this policy

requires a determination based on all of the facts and surrounding circumstances. The

physical location or time of access of a computer-related incident cannot be raised as a

defense in any disciplinary action. Consequences and appropriate remedial action for

students who commit acts of bullying or harassment may range from positive behavioral

2

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 2 of 7

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 3 of 7

interventions up to and including suspension or expulsion, as outlined in the Code of

Student Conduct. A district employee found to have committed an act of bullying or

harassment may be disciplined in accordance with district policies, procedures, and

agreements. Additionally, egregious acts of harassment by certified educators may result in

a sanction against that educator’s state issued certificate. (See State Board of Education

Rule 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in

Florida.) Consequences and appropriate remedial action for a visitor or volunteer, found to

have committed an act of bullying or harassment shall be determined by the school

administrator after consideration of the nature and circumstances of the act, including

reports to appropriate law enforcement officials.

Consequences and appropriate remedial action for a student found to have wrongfully and

intentionally accused another as a means of bullying or harassment range from positive

behavioral interventions up to and including suspension or expulsion, as outlined in the

Code of Student Conduct. A district employee found to have wrongfully and intentionally

accused another as a means of bullying or harassment may be disciplined in accordance

with district policies, procedures, and agreements. Consequences and appropriate remedial

action for a visitor or volunteer, found to have wrongfully and intentionally accused another

as a means of bullying or harassment shall be determined by the school administrator after

consideration of the nature and circumstances of the act, including reports to appropriate

law enforcement officials.

Procedure for Reporting

At each school, the principal or the principal’s designee is responsible for receiving

complaints alleging violations of this policy. All school employees are required to report

alleged violations of this policy to the principal or the principal’s designee. All other members

of the school community, including students, parents/legal guardians, volunteers, and

visitors are encouraged to report any act that may be a violation of this policy anonymously

or in-person to the principal or principal’s designee.

The principal/site administrator of each school or site in the district shall establish, publicize,

and prominently post (e.g., posters, student handbook, district website, school website) to

students, staff, volunteers, and parents/legal guardians, how a report of bullying or

harassment may be filed either in-person or anonymously and how this report will be acted

upon. The victim of bullying or harassment, anyone who witnessed the bullying or

harassment, and anyone who has credible information that an act of bullying or harassment

has taken place may file a report of bullying or harassment. A district employee, school

volunteer, student, parent/legal guardian or other persons who promptly reports in good faith

an act of bullying or harassment to the appropriate school official and who makes this report

in compliance with the procedures set forth in the district policy is immune from a cause of

action for damages arising out of the reporting itself or any failure to remedy the reported

incident. Submission of a good faith complaint or report of bullying or harassment will not

affect the complainant or reporter’s future employment, grades, learning, working

environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an

official means of reporting such act(s). Reports may be made anonymously, but formal

disciplinary action may not be based solely on the basis of an anonymous report.

3

Hillsborough County Public Schools (Florida) * Mtg.#20081209_314 * Section E Item# 1

Page 3 of 7



2 comments:

Anonymous said...

Maybe teachers need to band together and sue the school board for not protecting them from bullying. We need to call our legislators and complain to them that this school board cares nothing about its employees and subjects us to bullying, which is against the law now. Maybe we can write to Bill Gates like Lee did.

Anonymous said...

Lee, I will happy to step forward as a witness to the selective bullying of children. With the full cooperation of ADMIN, School Principles in some cases (probably MOST now that maryEllen elia has done her dirty work replacing them all) and teachers and parents and also nurses in school. They transfer the bully from school to school so that the bully can work on younger, smaller children. Then the bully transfers right back out. This would require the covert bullying of teachers and some administrators and others on staff. The teachers participate in or turn a blind eye to the bullying of children. And then you have the steve kemps throughout the system whom maryEllen attempts to frame and rid herself of. Because like ANY ETHICAL PERSON he would tell what he saw in logical order.
I will step forward at any time. I read your blog almost every day, when it's time to step forward as a witness I will. You have my word