FLORIDA DEPARTMENT OF EDUCATION
DR. ERIC J. SMITH
Commissioner of
Education
Technical Assistance Paper
Guidance Related to the Development of a District Policy
Against Bullying and Harassment
Issued by the
S
ummary:
The purpose of this Technical Assistance Paper (TAP) is to provide guidance to Florida school
districts for compliance with Section 1006.147, Florida Statutes (F.S.), with special focus on
developing a district policy against bullying and harassment that is in substantial conformity to
state statutory requirements.
C
ontact:
Olivia James
Olivia.James@fldoe.org
(850) 245-9956
Brooks Rumenik
Brooks.Rumenik@fldoe.org
(850) 245-0749
S
tatus:
U
New Technical Assistance Paper
Florida Department of Education
Division of Public Schools
Bureau of Family & Community Outreach
www.fldoe.org/family
DR. FRANCES HAITHCOCK
CHANCELLOR OF PUBLIC SCHOOLS
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
Table of Contents
Background
1) Introduction..............................................................................................................2
District Responsibilities
1) Include and involve stakeholders in the process of adopting the policy..................2
2) Provide a plan to implement the policy ...................................................................2
3) Develop a district-wide policy against bullying and harassment.............................3
4) Submit a district policy to the Office of Safe Schools ...........................................3
5) Obtain approval and certification from the Office of Safe Schools.........................3
6) Implement district’s policy ......................................................................................3
Frequently Asked Questions
1) Are there penalties for non-compliance? .................................................................4
2) Has the state of Florida’s model policy been finalized and approved? ...................4
3) What is the purpose of the criteria checklist developed by the Office of Safe
Schools? ...................................................................................................................4
4) What purpose will the criteria checklist serve at the district level?.........................4
5) May a district policy be incorporated by reference into different sections of other
documents or must it be a stand-alone policy? ........................................................4
6) Can bullying and harassment be combined into one definition in the district
policy?......................................................................................................................4
7) If a child teases or insults another child, would it be considered bullying as
defined by this law? .................................................................................................4
8) May a district identify specific categories of students to which bullying and
harassment is prohibited?.........................................................................................4
9) How is bullying different than other acts of malicious behavior and conflict? .......5
10) Does the model policy provide districts with a description of the type of behavior
expected from students and employees?..................................................................5
11) Must district policies include a description of expected behaviors from school
volunteers and visitors?............................................................................................5
12) Have any districts in Florida created frameworks and procedures for
implementing their policy? ......................................................................................5
13) Will the Office of Safe Schools provide policies developed by districts in Florida
that can be used as examples?..................................................................................5
14) How can a school determine the extent to which bullying and harassment is a
problem? ..................................................................................................................5
15) Who should be responsible for conducting investigations related to bullying and
harassment?..............................................................................................................6
16) Why is confidentiality included in the model policy? .............................................6
17) How does a district identify a reliable procedure for immediate notification to the
parents/legal guardians of students involved in a bullying/harassment incident.....6
18) Does one incident of bullying make a school persistently dangerous, as defined in
the No Child Left Behind Act? ................................................................................6
19) What is meant by “the physical location or time of access of a computer related
incident cannot be raised as defense in any disciplinary action?” .........................6
List of Resources for Developing District Policies Prohibiting Bullying and
Harassment
1) Technical Assistance Supporting Documents..........................................................7
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Background
Introduction
The legislature recently passed House Bill 669, the “Jeffrey Johnston Stand Up for All
Students Act,” and Governor Charlie Crist signed it into law on June 10, 2008. This Act
creates Section 1006.147, Florida Statutes that requires districts to adopt a policy by
December 1, 2008, prohibiting bullying and harassment of students and staff on school
grounds or school transportation, at school-sponsored events, and through the use of data
or computer software that is accessed through school computer systems or networks.
The statute also requires the Florida Department of Education (FDOE) to develop and
disseminate a model policy against bullying and harassment by October 1, 2008. The
Department’s Office of Safe Schools, developed and drafted a policy in 2007 with input
provided by district staff working in the field of violence prevention/intervention. The
policy was further revised to ensure statutory requirements are addressed and a final
document was distributed to districts in August 2008.
The Office of Safe Schools has also developed criteria by which district policies will be
approved. The criteria have been constructed in a checklist format to ensure all
legislative requirements will be met.
The law indicates that Safe Schools Appropriation funding will be withheld if policies are
not in substantial conformity with the FDOE model policy.
The Office of Safe Schools has posted to its web site district policies that have been
developed by the district and certified approved by the FDOE. The information can be
found at http://www.fldoe.org/safeschools/bullying_prevention.asp. In addition, Safe
Schools staff are also available to assist districts with their policy development to ensure
statutory requirements will be met.
District Responsibilities
Compliance with the requirements of Section 1006.147, Florida Statutes, can be
accomplished as follows:
1)
Include and involve students, parents, teachers, administrators, school staff,
school volunteers, community representatives, and local law enforcement
agencies in the process of adopting the policy
. To document participation of any of
these stakeholders, records of their involvement must be maintained. Such records
may include rosters and minutes from meetings, promotional flyers, press releases,
electronic notifications, email communications, and other documents reflecting
participation and involvement. Documentation along with the district policy must be
submitted to FDOE.
2)
Provide a plan for the school district to implement the policy in a consistent and
ongoing manner. Integrate the policy with curriculum, discipline policies, and
violence prevention efforts.
A plan in reducing bullying and harassment requires a
school-wide approach that utilizes multiple strategies. Effective bullying prevention
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programs address not only the bully and victim, but also the bystander and the adults
in the school who provide support. The key principles of an effective plan should
include the following:
•
Increase awareness of bullying/victimization occurring within a school through
questionnaires or climate surveys.
•
Actively involve teachers and parents in developing curriculum, creating
discipline policies, and promoting violence prevention efforts.
•
Develop and display clear rules against bullying. Provide positive
reinforcement when rules are followed and consequences for noncompliance.
Ensure that rules are consistently enforced.
•
Provide a system of support that includes counseling, intervention and
protection for the victim(s) as well as counseling and intervention for the
perpetrator(s) of bullying and harassment.
3)
Develop a district-wide policy prohibiting bullying and harassment that is in
substantial conformity with the Department’s model policy.
By December 1,
2008, school districts must have developed and adopted a policy prohibiting bullying
and harassment of students and staff on school grounds or school transportation, at
school-sponsored events, and through the use of data or computer software that is
accessed through school computer systems or networks. Each school district’s policy
shall be in substantial conformity with the model policy developed by the Office of
Safe Schools.
4)
Submit a district policy prohibiting bullying and harassment to the Office of
Safe Schools.
District policies can be submitted via e-mail to Olivia James, Program
Specialist, Office of Safe Schools at Olivia.James@fldoe.org. To submit by regular
mail, please send an electronic copy (Microsoft Word file) on a CD to:
Florida Department of Education
Office of Safe Schools
325 West Gaines Street, Room 544
Tallahassee, FL 32399-0400
For questions and technical assistance, please contact Olivia James at (850) 245-
0416.
5)
Obtain approval and certification of district’s policy from the Office of Safe
Schools.
The Office of Safe Schools will notify districts when policies are approved.
Because adoption of the policy must be complete by December 1, 2008, school
districts should submit their policies to the Office of Safe Schools by
November 1,
2008.
Meeting the submission timeline will allow adequate time for review and
consultation. After the FDOE has determined that a district policy is in substantial
conformity with the law, a letter of certification along with a verification form for the
superintendent to sign and return will be forwarded to the district.
6)
Implement district’s required policy.
The district must develop an action plan to
implement its bullying and harassment initiative. It is highly recommended that the
LEA consult with the Office of Safe Schools for technical assistance regarding
implementation of its policy. The FDOE staff will assist, as needed, with training,
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implementation, determining appropriate consequences, reporting, notification,
referrals, data collection, and promotion of the policy.
Frequently Asked Questions (FAQs)
1)
Are there penalties for non-compliance?
Yes, districts that are not meeting the
statutory requirements could result in having Safe Schools Appropriations funding
being withheld beginning with the 2009-2010 school year.
2)
Has the FDOE’s model policy been finalized and approved?
Yes. After
requesting and receiving input from a variety of stakeholders, the final version of the
state model policy was approved by Florida’s Commissioner of Education, Dr. Eric J.
Smith, on August 6, 2008.
3)
What is the purpose of the criteria checklist developed by the Office of Safe
Schools?
The criteria have been developed in the form of a checklist. They provide
uniform and consistent feedback to districts when drafting their own policy. The
criteria ensure that policies meet the intent of the law and its requirements.
4)
What purpose will the criteria checklist serve at the district level?
Districts will
be able to determine if their district policy contains all the essential components to be
considered “in substantial conformity” with the model policy. In the criteria
checklist, highlighted items are taken directly from the law and must be included in
the district policy
.
The items that are not highlighted are considered optional;
however the Office of Safe Schools strongly recommends these options be included.
5)
May a district policy be incorporated by reference into different sections of other
documents or must it be a stand-alone policy?
Although the law requires that the
policy be incorporated in the code of student conduct and employee handbooks, it
also requires that a new stand-alone policy be adopted.
6)
Can bullying and harassment be combined into one definition in the district
policy?
No. Section 1006.147 of the Florida Statutes indicates that bullying and
harassment are defined as separate behaviors. As such, district policies should reflect
the language stipulated in the legislation and define them separately.
7)
If a child teases or insults another child, would it be considered bullying as
defined by this law?
In order to make this determination, refer to the definition of
bullying cited in the law and clarified in the model policy. Criteria to consider when
making such determination may include: (1) behaviors that are unwanted and
repeated; (2) behaviors that create an intimidating or hostile environment; or (3)
behaviors that unreasonably interfere with an individual’s school performance or
participation.
8)
May a district identify specific categories of students to which bullying and
harassment is prohibited?
Districts do have the flexibility to identify specific
categories of students to which bullying and harassment is prohibited. Examples of
approved district policies with additional categories can be found at
http://www.fldoe.org/safeschools/bullying_prevention.asp.
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9)
How is bullying different than other acts of malicious behavior and conflict?
Researchers Dan Olweus and Barbara Coloroso describe bullying as a unique and
specific social dynamic. Dan Olweus defines school bullying as “repeated negative,
ill-intentioned behavior by one or more students directed against a student who has
difficulty defending himself or herself. Most bullying occurs without any apparent
provocation on the part of the student who is exposed” (Olweus, 1993).
Barbara Coloroso defines bullying as “a conscious, willful, and deliberate hostile
activity intended to harm, induce fear through the threat of further aggression, and
create terror. Bullying is not about anger. It’s not even about conflict. It’s about
contempt—a powerful feeling of dislike toward somebody considered to be
worthless, inferior, or undeserving of respect. Contempt comes packaged with three
apparent psychological advantages that allow students to harm another human being
without feeling empathy, compassion or shame. They include a sense of entitlement,
an intolerance toward differences, and a liberty to exclude a person deemed not
worthy of respect or care” (Coloroso, 2003).
10)
Does the model policy provide districts with a description of the type of behavior
expected from students and employees?
Both the state model policy and the
criteria checklist include a description of the type of behavior expected from each
student and school employee. A district can either adopt this language or develop its
own.
11)
Must district policies include a description of expected behaviors from school
volunteers and visitors?
While no specific references are addressed in the statute,
expected behaviors of school volunteers and visitors have been included in the model
policy. The district may include such description in the policy.
12)
Have any districts in Florida created frameworks and procedures for
implementing their policy against bullying and harassment?
Yes. Several
districts have developed bullying- and harassment-related forms and action plans.
Therefore, the Office of Safe Schools will ensure the information be shared among
districts in preparation for implementing the policies.
13)
Will the Office of Safe Schools provide policies developed by districts in Florida
that can be used as examples?
Yes. The Office of Safe Schools will collect and
post on its web site at least three certified and approved policies developed by Florida
school districts. These policies may be used to help structure and develop another
district’s policy. However, each district must design a policy specific to its needs.
14)
How can a school determine the extent to which bullying and harassment is a
problem?
In order to recognize the scope of the problem, a school must determine
how safe the students and staff feel. A variety of methods may be used to assess this
component of school climate including: (1) classroom observations; (2) reviews of
discipline records; ( 3) school climate surveys; (4) interviews with staff, parents and
students; and (5) observations of the less supervised areas in a school, such as
bathrooms, hallways, and isolated locations.
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15)
Who should be responsible for conducting investigations related to bullying and
harassment?
It is strongly recommended that persons conducting any investigation
be knowledgeable of the law, the district’s bullying and harassment policy, and be
trained in the school district’s investigative procedures.
16)
Why is confidentiality included in the model policy?
The Department included the
confidentiality component to protect students and adults associated with an
investigation. Please consult your school district’s legal counsel concerning this
matter if you have additional questions.
17)
How does a district identify a reliable procedure for immediate notification to
the parents/legal guardians of students involved in a bullying/harassment
incident?
The statute requires immediate notification of parents/legal guardians, yet
it does not provide procedures for such notification. The model policy defines
immediate as “the same day an investigation of the incident(s) has been initiated.”
Although procedures for notification are not specified in the law, it is recommended
that notification be made as early as possible and that all attempts to contact and
inform parents/legal guardians are carefully documented.
18)
Does one incident of bullying make a school persistently dangerous, as defined in
the No Child Left Behind Act?
No. The specific criteria by which a school would
be designated persistently dangerous can be found at
www.fldoe.org/safeschools/usco.asp. In the case of a bullying or harassment incident
whereby the perpetrator is charged with a crime, the principal shall inform the
parents/legal guardians of the victim about the Unsafe School Choice Option. The
student upon whom the crime was committed shall be permitted by the relevant
school board, upon written request from the student’s parent, or the student (if such
student is an emancipated minor), to transfer to another comparable school
determined by the school board, if available. In order to be considered a violent
criminal offense for the purposes of transferring to another school, it is necessary that
the incident be reported to the appropriate law enforcement agency. The parent of the
victim or the victim (if an emancipated minor) of any such felony crime may invoke
the transfer option once the state attorney files charges against the offender. If there
are any questions, please consult your school district legal counsel regarding such
cases.
19)
What is meant by “the physical location or time of access of a computer related
incident cannot be raised as defense in any disciplinary action” [(Section
1006.147(7)(a), F.S.)]?
If the bullying or harassment occurred as described in
Section 1006.147(2)(c), F.S., the physical location or time of access does not factor in
to the defense of a disciplinary action.
For example, if a student bullies using a district-issued laptop computer at home after
school hours, he/she is still subject to the same disciplinary actions as if he/she had
bullied using a computer in the school computer lab during second period. Instances
of using personal electronic devises to bully or harass outside of what is described in
Section 1006.147(2)(a)-(b), F.S., must be considered on a case-by-case basis
determined by the facts as a result of the investigation.
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Resources for Developing District Policies Prohibiting Bullying and Harassment
Below are several resources to assist districts in policy development:
Technical Assistance Supporting Documents
•
Section 1006.147, F.S.
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu
=1&App_mode=Display_Statute&Search_String=1006.147&URL=CH1006/Sec1
47.HTM
•
Department of Education’s Model policy
http://www.fldoe.org/safeschools/bullying_prevention.asp
•
Approval Checklist
http://www.fldoe.org/safeschools/bullying_prevention.asp
•
Sample(s) of Approved District Policies
http://www.fldoe.org/safeschools/bullying_prevention.asp
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