The approach to managing and controlling incidents of bullying/harassment on Florida's school campuses has become very prescriptive with the passage of the
Jeffrey Johnston Stand Up for All Students Act in 2008. This
law's passage gave Florida some of the toughest sanctions against bullying and harassment in schools in the nation.
Our school board rules regarding Bullying mirror the statute.
But a law is useless if it is not enforced with fidelity.
I have concerns that our district may not be adhering to this law and the associated school board rules regarding the way these incidents are handled once a bullying complaint has been made. I've seen incidents, including one that occurred in one of our district's middle schools on December 2, 2014, for which I do not have confidence the rule was followed. The classroom teacher who knows the alleged bully and his victims and had taught them all year wrote that the infraction was bullying, and she was not going to tolerate it.
She wrote "Bullying" twice on the referral. Did we follow our school board rule? I have requested the investigative report to figure out if we did.
I'm zeroing in on this and I intend to make it my mission to ensure we are following this law and these rules.
Read the complete chapter 7.18
here, or see an excerpt of the investigative language from 7.18 below
(From Chapter 7 of the School Board Rules)
"C. 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 upon an
anonymous report.
(4) 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:
A. The principal or designee will select a designee(s),
employed by the school, trained
in investigative procedures to initiate the investigation.
The designee(s) may not be
the accused perpetrator (harasser or bully) or victim.
B. Documented interviews of the victim, alleged perpetrator,
and witnesses shall be
conducted privately, separately, and are confidential. Each
individual (victim,
alleged perpetrator, and witnesses) will be interviewed
separately and at no time
will the alleged perpetrator and victim be interviewed
together.
C. The investigator shall collect and evaluate the facts
including but not limited to
1. description of incident(s) including nature of the
behavior;
2. context in which the alleged incident(s) occurred, etc.;
3. how often the conduct occurred;
4. whether there were past incidents or past continuing
patterns of behavior;
5. the relationship between the parties involved;
6. the characteristics of parties involved (i.e., grade,
age, etc.);
7. the identity and number of individuals who participated
in bullying or
harassing behavior;
8. where the alleged incident(s) occurred;
9. whether the conduct adversely affected the student’s
education or
educational environment;
10. whether the alleged victim felt or perceived an
imbalance of power as a
result of the reported incident; and
11. the date, time, and method in which the
parent(s)/guardian(s) of all parties
involved were contacted.
(5) Whether a particular action or incident constitutes a
violation of this policy requires a
determination based on all the facts and surrounding
circumstances and includes
A. recommended remedial steps necessary to stop the bullying
and/or harassing
behavior; and
B. a written final report to the principal.
(6) A maximum of ten (10) school days shall be the limit for
the initial filing of incidents and
completion of the investigative procedural steps. The
highest level of confidentiality