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
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
leedrurydecesarescasting-roomcouch.blogspot.com.
c: Governor Crist
Patrick Manteiga, La Gaceta
Secretary of Schools Smith
Hillsborough County Bar
Florida Bar
THE
SCHOOL BOARD OF STUDENTS
HILLSBOROUGH COUNTY, FLORIDA
Hillsborough County Public Schools
Policy Against Bullying and Harassment
5517.01/page 1 of 7
| FLORIDA
A++ A bill to be entitled
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."
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.
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
leedrurydecesarescasting-roomcouch.blogspot.com
c: Governor Crist
Patrick Manteiga, La Gaceta
Secretary of Schools Smith
Hillsborough County Bar
Florida Bar
THE SCHOOL BOARD OF STUDENTS
HILLSBOROUGH COUNTY, FLORIDA
Hillsborough County Public Schools
Policy Against Bullying and Harassment
5517.01/page 1 of 7
| FLORIDA
A++ A bill to be entitled
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."
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.
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.
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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;
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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
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