Sunday, February 21, 2010

Repeating Again: Gonzalez Doesn't Know What He Is Talking About on The Bullying Policy of the Schools

Visiting the pyramids; the camel driver had four wives and advised my husband to dump that skinny old woman and get himself three plump harem girls.



THE SCHOOL BOARD OF

HILLSBOROUGH COUNTY
, FLORIDA


Hillsborough County Public Schools
Policy Against Bullying and


Minions of the light, General McCollum told me that he could answer the request of only elected officials to issue an opinion on whether the bullying law covers teachers and staff in addition to students.


So let's test the concern of members of the Hillsborough County legislative delegation for the rights of teachers and school staff to equal protection under the bullying bill or whether they approve of board and administration supported by board $275,000-a-year consigliere Gonzalez who is trying to strip out of the bullying law its inclusion of teachers and staff.


The board and administration with Mr. Gonzalez's twisted interpretation--he gets $275,000 a year in tax loot for molding the law to fit the prejudices and malignant policies of the board and administration--of the bullying law falsely claims it does not cover teachers and staff, only students. In other words, Tallahassee passed the bill, but Gonzalez will tell the board and administration to ignore these folks elected to office's law to represent all the county and to write the bills. Consigliere Gonzalez says to veto provisions of HB 669 arbitrarily. If the Hillsborough County legislative delegation accepts this slap in the face from the schools' attorney, its members are major wussies.


The board-and-administration motive behind excluding teachers and staff from the bullying law's protection is that it gives teachers and staff a weapon to fend off the board and administration when it from uses the Professional Standards office to blackmail and bully teachers and staff into silence with exaggerated or false charges threatening their jobs. No record exists that shows that an administrator ever got a Professional Standards charge. Administrators as a class are exempt by board and superintendent fiat. The only reasons administrators get fired is if they piss off Elia.


Let this be a notification to the legislative delegation from those who take democracy and constituent services seriously to alert members of the Hillsborough County legislative delegation to ask General McCollum for an opinion on whether HB 669 covers teachers and staff as well as students.


Let us also ask the legislators who ask for that opinion to notify us they have done so at this blog site since, as newspapers are dying, blogs are rising. We will publish the communications from any member of the legislative delegation. If we get none, we know that we deal with a bunch of cowardly lightweights who can't count: teachers outnumber board and admiinstraitive personnel bigtime.


If we get no support from members of our legislative delegation, we know what to do at the next election cycle when we enter the voting booth and how we tell our neighbors and other teachers how to vote.


At re-election campaign time, you can inquire of any member of the legislative delegation whether he or she asked for an opinion from General McCollum on the scope of people covered by Bullying Law 669. Depending on the answer and and a copy of the solon's letter to the Attorney General asking for this opinion, you will then know whom to vote for or not vote for when the worthy next presents her- or himself for election.


Hats off to the Constitution. Kisses and hugs for democracy.


In evaluating the legislative Hillsborough County delegation's performance on this issue of fairness to teachers and staff, keep in mind what Milton said in the Areopagetica: "I cannot praise a fugitive and a cloistered virtue, unexercised unexercised and unbreathed." Wasn't Milton an old sweetie? He means that if members of the legislative delegation don't support the more numerous teachers and staff, that they are dingdongs not worthy of public office.


All you teachers tell these Hillsborough County solons that there will a pop quiz at re-election time. lee


c: all members, Hillsborough County legislative delegation



_______________________

Harassment

5517.01/page 1 of 7


Tom Gonzalez falsely claims the bullying law does not apply to anyone but students. Here below is the schools' own policy on bullying. It refutes Tom's "analysis." Yet the taxpayers pay this incompetent guy $275,000 a year thanks to a somnolent board that does not care about wasting tax money and an administration that has the same attitude. lee drury de cesare



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;


c: members of the Hillsborough County legislative delegation
Mayor Iorio
County Commission
City Council
Tom Marshall@sptimes
solocheck@sptimes
lagaceta@tampabay.rr.com












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.


>




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 eemployee 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 deucational 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.


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2 comments:

Goader said...

The following is located on the Hillsborough County Public Schools Web site online at http://www.sdhc.k12.fl.us/bullyprevention/. Further, it is stated as official policy online at http://www.sdhc.k12.fl.us/bullyprevention/PDFs/Policy5517.01English.pdf.

I do not understand why there is a controversy. Thomas Gonzalez, attorney for the School Board of Hillsborough is incorrect if he claims the law (at the State level) and the policy (at the District level) does not protect school employees. As for General McCollum, why is there a reason to issue an opinion on the matter when the law and policy state the provision clearly on its face? What am I missing here?


THE SCHOOL BOARD OF STUDENTS
HILLSBOROUGH COUNTY, FLORIDA


Hillsborough County Public Schools, Florida

Policy Against Bullying and Harassment

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.

Vox Populi said...

That's some frigging scam they have going isn't it??? Whereby they rig the elections and get all their buddies asses in a chair and then say they will only answer questions as an emperor would.
McCollum: THIS speaks VERY CLEARLY as to what you would do as Governor.
Now, Lee on a more livable note. Senator Storms is an elected official. Get her to inquire. If I'm not mistaken an attorney can also pose the question to him. Check.