STAND UP FOR ALL STUDENTS ACT

Section 1006.147, F.S.

Policy 4.141 School Board of Lee County

Policy prohibits bullying or harassment

– “It is the policy of The School District of Lee County 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 and harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited.”

Definition of Bullying

“Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. 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:

1. Teasing 2. Social Exclusion

3. Threat 4. Intimidation

5. Stalking 6. Physical violence

7. Theft 8. Sexual, religious, or racial harassment

9. Public humiliation 10. Destruction of property “

Definition of Harassment

“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

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

Definition of Cyberstalking

“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 & Student Responsibilities

From each student/employee– “The Lee County School District expects students

to conduct themselves as appropriate 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.”

Recognition for Appropriate Behavior

“All administrators, faculty and staff, in collaboration with parents, students, and community members, will incorporate systemic methods for student and staff recognition through positive reinforcement for good conduct, self discipline, good citizenship, and academic success, as seen in the required school plan to address positive school culture and behavior.”

Consequences for Students

Consistent with the Code of Conduct Positive behavioral interventions up to and

including suspension or expulsion

Consequences for Employees

Discipline, up to and including termination, in accordance with Collective Bargaining Agreement, School Board Policies and Florida Statutes

Consequences for Visitors/Volunteers

Determined by school administrator after investigation

Consequences for Wrongful Accusations – Student

Consistent with the Code of Conduct Positive behavioral interventions up to and

including suspension or expulsion

Consequences for Wrongful Accusation – Employee

Discipline, up to and including termination, in accordance with Collective Bargaining Agreement, School Board Policies and Florida Statutes

Consequences for Wrongful Accusations – Visitor/Volunteer

Determined by school administrator after investigation

Reporting

Who may report?– Alleged Victim– Witness– One with credible information

Reporting

Who receives report?– Principal or designee

How?– Orally or in writing– In person or anonymously

Disciplinary action may not be based solely on an anonymous report

Reporting

Employees are REQUIRED to report incidents

Others are strongly encouraged to report incidences

Immunity

Reporting will not affect:– Future employment– Grades– Learning or working environment– Work assignments

School Related Determination

Does the act fall within the scope of the district?– Yes – Go to Investigation Procedures– Yes, and a criminal act – Investigate and refer to

Law Enforcement– No, and a criminal act – Refer to Law

Enforcement– No, and not a criminal act – Inform parents of all

involved students

Investigation

Principal or designee Documented interviews are conducted

privately, and confidentially with:– Alleged victim– Alleged perpetrator– Witness(es)

Investigation, continued

Facts to be included:– Description of incidents including nature of the behavior and

context– Frequency– Past incidents or continuing patterns of behavior– Relationship of parties involved– Characteristics of parties involved (grade, age)– Identity of, and # of individuals, who were the alleged perpetrators– Where occurred– Affect on education or education environment– Did the alleged victim feel or perceive an imbalance of power as a

result?– Date, time and method of parental contact

Notification to Parents

Prompt reporting via phone, conference, and or in writing, the occurrence of an incident to the parent/legal guardian of the alleged victim on the same day an investigation of the incident is initiated

Contact with parents of alleged perpetrator will be made following the first contact with the student and no later than the conclusion of the investigation

Referrals for Intervention

Informal consultation between teacher and/or parent/guardian with school staff to determine “next steps”

Professional assistance:– Child study team

To determine counseling support and interventions Must involve parent/guardian

Data Collection/Reporting

Will be consistent with SESIR Statewide Reporting as required by the Department of Education

Instruction

Annual instruction to students, parents, teachers, staff, volunteers, administrators regarding:– This policy– How to report incidences– Prevention of bullying and harassment– Identification and response to bullying in schools

Protection of Victim

Parents of the alleged victim will be notified immediately and informed of the steps being taken to protect him/her

Notification will be consistent with FERPA If the perpetrator is charged with a crime,

parents will be informed of their right to enroll their child in another public school (Unsafe School Choice Option of NCLB)

Publicizing of Policy

Referenced in the Code of Conduct Referenced in Employee Handbook All contractors will be aware of this policy