Local School District Policies -- Students and Staff - Research Paper Example

?Local School District Policies -- and Staff Table of Contents Table of Contents 2 0 Introduction 3 2.0 How Policies are Communicated 4 3.0 Implementation and Monitoring of Policy 5 5.0 Policy Impact on School Operations 6 6.0 Policy Impact on School Culture 7 7.0 Spirit and Intent of the Policy 8 8.0 Ensure Enforcement of Policies 8 9.0 Possible Changes of the Policies 9 10.0 Conclusion 11 11.0 References 12 Appendix 15 1.0 Introduction A safe and social environment is required in school so as to learn as well as attain higher educational standards by the students. The study is regarding the policies as well as procedures of The School Board of Lee County about the five different issues. The policies have been enacted by the school authority by keeping in consideration the various aspects of the school. In this paper, the methods of communicating these policies to the parents, teachers and students are discussed. The ways through which the policies are executed and monitored have been included in the paper. The paper also covers about the influence of community values on policies and the impact of the policies on the operations of the school. It has also been mentioned about the impact of policy on the culture of the school. The strength of these policies is included along with assurance of implementation of these policies. Certain modifications that are required in the policies have been included in the study. 2.0 How Policies are Communicated The policy of sexual harassment in the school is communicated to parents, students and faculty members by making clear written statement as memoranda which is easily understood by them. It can be shared by means of publishing in local newspaper and school newspaper or magazines (Doty & Strauss, 1996). The policy of personal assessment of teachers is communicated at the time of parents-teachers meet conducted by the school. In such occasions, the performances of the teachers along with the students are highlighted (Churchill Community Foundation School, 2003). The policy of Student Assignment under ‘No Child Left Behind Act’ (NCLB) identifies that if there is proper communication between school and the home then there will be high standard of academic achievement of the students. The school authority may conduct conference among them so that there is a valuable communication between parents as well as teachers and students (Public Education Network, 2004). Then policy of ‘bullying and harassment’ is essential to be communicated to teachers and parents along with students. Proper way of communication is needed to aware each groups regarding the matter. A written document will help to distribute the information regarding the policy to each of them. The policy regarding internet and technology access is communicated so that each one may understand the rules of using such technology in school. The students and teachers are generally informed in schools with written notice and parents are primarily communicated by providing documents in either school newspaper or special letter for parents (Wallsend Campus, 2011). 3.0 Implementation and Monitoring of Policy The policies of these issues are implemented as well as monitored in a systematic manner. The policy is implemented by higher authority of the schools due to the development of certain issues in schools. The policies are implemented after examining the accurate problems that has taken place and the specific policies that may reduce such issues. The personnel from the upper level of hierarchy of the school have the right to implement the policies because they need to think about the welfare of the school, students and faculties (California State University, n.d.). Policy monitoring generally relates to the maintenance of policies after it has been applied. It also refers to the way through which the policy is functioning effectively. The higher authorities monitor carefully whether the executed policies are in a proper way and whether the teachers, students and parents are abiding by the set policies of the schools. This part is essential as it is linked to the future success of the school (California State University, n.d.). 4.0 Influence of Community Values The communities expect that the students must conduct positively by sustaining their development level. The students and teachers should act actively by considering the safety of others. The community considers that there is requirement of strict policies in the school so as to maintain favorable atmosphere in the school campuses. According to them, the proper development of policies in the school helps to maintain the entire academic records of the students along with the improvement of teachers. The standard policies lead to betterment of school in the long run (Community School, 2010). 5.0 Policy Impact on School Operations Policies are designed so that there is development in the operation of the schools. The entire functions of the schools will enhance due to execution of these policies. The policies facilitate the school authority to run the whole operations in an efficient manner. The operations of the school become more effective when the parents, teachers as well as students follow the rules that have been aligned. When the school would operate in a positive way then there will be high improvement in the performance of teachers and students. The continuous high operations of the schools may act as foundation for success. The policies are essential to be implemented; otherwise the whole operational process gets destroyed. The standard in operational level will bring innovative ideas and as a result the effectiveness can be attained among the students (Ohio Department of Education, 2006). 6.0 Policy Impact on School Culture The five different types of policies are implemented on the school premises so that nothing goes wrong. There will be harassment free school environment both from the part of students and faculty members. These policies have been framed keeping in concern the positive atmosphere of the school. When the school is free from all these unwanted issues that have been taken care through the policies then the academic standard of the students will reach new heights. The students and the teachers would feel free and concentrate highly on education and teaching-learning process. The positive impact of policies on the school’s culture assists to increase in growth of students and teachers in the long run. 7.0 Spirit and Intent of the Policy The policies enacted evidently addresses the spirit as well as the intent that were the basis for the policies. The five policies i.e. sexual harassment, personnel assessment, student assignment under No Child Left behind Act, bullying and harassment and access of internet and technology provided all the relevant facts. These policies if implemented in the school will facilitate to bring huge improvement in the atmosphere of the school. The policies also indicate the definite target of school authority towards development of both students and faculty members. If the students and teachers along with parents follow the policies as long as they are connected with the school, then it will increase their moral values which will lead them to attain success in future. The every point that has been included in the policies of each issue value a lot for an individual. Thus, policies have strong influence on each individual as they are being facilitated to be with high moral values by the assigned policies. 8.0 Ensure Enforcement of Policies The administrator of the schools should ensure that the mentioned policies of each issue are enforced effectively for successful operation of the schools. The policies are in great use by all the individuals as the issues are related to the life and security of an individual as well as school. These policies are prepared by the higher authority of the school and are registered. If the policies are not followed by the school personnel then there should be huge penalty from the school authority. The entire policies have to be strictly used by the school for better administration within the school surroundings. The policies contain all the strong points regarding the issues that are happening in the school campus with students and teachers. Besides the harassment policies, other performance level and technology related policies have been mentioned that needs to be properly utilized by the school authority. These policies are in high need in school and it has to be ensured that the students, teachers and parents cannot go beyond the rules as well as regulations (Basingstoke and Deane, 2011). 9.0 Possible Changes of the Policies The school authority has developed all the necessary policies and procedures in relation to the five basic issues that are common in school but these policies require little modification. In case of complaint procedures of sexual harassment by employees, the victims must choose independent consultant for support. The choice should be from the part of victim who lodged the complaint whether or not to use independent consultant (Business Centre North, 2010). The policies regarding the personnel assessment can be modified if the faculties are provided with the opportunity to assess their own performance as it will increase their motivational level. In case of Student Assignment under ‘No Child Left Behind Act’ (NCLB) the parents and teachers both must be provided scope to communicate so that the students are never left behind in case of educational purposes. The bullying and harassment can be completely eradicated if proper investigation along with the training to the parents and teachers are provided regarding the crime. The policy of accessing internet and technology in the school can be modified by providing separate instructions to each group. 10.0 Conclusion With reference to the above discussion it can be mentioned that the discussion regarding the policies and procedures of the five issues in school that have been employed by the higher authority is of much significance. The policies have a great influence on the school campus because it leads towards bringing change in the entire prevailing cultural atmosphere of the school. The policies to function properly need to be strictly followed by the parents, teachers and students of the school. It has been monitored that these policies are in great need in school campuses as it will help in the improvement of students as well as teachers and broaden their vigor in academic fields. 11.0 References Basingstoke and Deane, (2011). General Enforcement Policy. Browse. Retrieved Online on June 10, 2011 from http://www.basingstoke.gov.uk/browse/advice-and-benefits/legal-advice/General%20Enforcement%20Policy.htm Business Centre North, (2010). NSHE Policy Against Sexual Harassment And Complaint Procedure. Complaint and Investigation Procedure. Retrieved Online on June 10, 2011 from http://www.bcnnshe.org/downloads/hr/hiringcompensation/nshepolicyagainstsexualharassmentandcomplaintprocedure.pdf Churchill Community Foundation School, (2003). Assessment Policy. Churchill School Policy. Retrieved Online on June 10, 2011 from http://www.churchill.n-somerset.sch.uk/downloads/policies/219.pdf California State University, (No Date). Implementation, Monitoring, & Evaluation. Policy Analysis. Retrieved Online on June 10, 2011 from http://www.csulb.edu/~msaintg/ppa670/p&sch9.htm Community School, (2010). Community School Policy Prohibiting Harassment, Intimidation And Bullying. Welcome to Community School. Retrieved Online on June 10, 2011 from http://www.communityschool.k12.nj.us/Lower%20School/Bullying%20Policy/LSBullyPolicy.pdf Doty, D. S. & Strauss, S., (1996). Provide A Statement Prohibiting Retaliation. “Prompt And Equitable”: The Importance Of Student Sexual Harassment Policies In The Public Schools. Retrieved Online on June 10, 2011 from http://www.google.co.in/url?sa=t&source=web&cd=1&ved=0CBsQFjAA&url=http%3A%2F%2Fwww.straussconsulting.net%2FPDFs%2FPrompt%2520and%2520Equitable%2520-%2520The%2520Importance%2520of%2520Sexual%2520Harassment%2520Policies%2520in%2520Public%2520Schools%2520-%2520Susan%2520Strauss.pdf&rct=j&q=Prompt%20And%20Equitable%E2%80%9D%3A%20The%20Importance%20Of%20Student%20Sexual%20Harassment%20Policies%20In%20The%20Public%20Schools&ei=5FLzTfLjCtGHrAfZ_c3bBg&usg=AFQjCNGQawHkTVcH8bk2X1nfLhJQHneb8w&sig2=j0oSrgLpTDMmF6r9_fCM1w&cad=rja Medway, (No Date). Strategies. Medway Anti bullying and Harassment Policy and Guidelines. Retrieved Online on June 10, 2011 from http://www.medway.gov.uk/pdf/anti_bullying_and_harassment_policy-6.pdf Ohio Department of Education, (2006). A System for High Performance. Operating Standards for Ohio’s Schools. Retrieved Online on June 10, 2011 from http://www.utoledo.edu/education/centers/carver/pdf/2006_Operating_Standards_Full_.pdf Public Education Network, (2004). Introduction. School-Parent Compact. Retrieved Online on June 10, 2011 from http://www.ncpie.org/nclbaction/SchoolParent_Compact.pdf Wallsend Campus, (2011). Technology Policy – 2011. Callaghan College. Appendix Appendix A Complaint Procedures for Sexual Harassment by Employees “Employees of the School District shall follow the following procedures for sexual harassment complaints: (1) Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when submission to that conduct is made a term or condition of obtaining or is used as a factor in decisions concerning educational opportunities, awards, conditions of employment or other benefits provided by the School District. (2) Any employee or other person who believes that he/she is or has been the victim of sexual harassment or has knowledge of such action by an employee (full-time, part- time or contractual) of the School District shall adhere to the following: (a) Notify the building administrator or equity coordinator or the Directors of Equity or Personnel. (b) All building administrators and other supervisory personnel have an affirmative obligation to prevent and eliminate sexual harassment. Those persons shall immediately intervene to remedy sexual harassment in the working environment independent of receipt of a complaint. (c) Report sexual harassment complaints in writing or via a telephone message, which can then be transcribed into writing. Any employee or other person who has knowledge of sexual harassment or believes he/she has been the victim of sexual harassment or retaliation on the basis thereof by an employee of The School District of Lee County should complete the Complaint of Discrimination/Sexual Harassment Report form which may be secured from the school site or from the Directors of Equity or Personnel. (d) A report of sexual harassment shall be permitted to be submitted directly to the Director of Equity. If the Director of Equity is accused of any wrongdoing the report shall be directly submitted to the Superintendent. Allegations of sexual harassment involving the Superintendent shall be submitted directly to The School Board of Lee County. Complaint Procedures for Sexual Harassment by Employees Policy 5.30 (3) The Superintendent shall impose appropriate sanctions up to and including a recommendation that the School Board terminate the employment of all personnel found to have sexually harassed other school system employees. (4) Sanctions imposed by The School Board of Lee County shall include rehabilitation opportunities or other appropriate corrective action designed to ensure effective resolution of the problem and to eliminate the possibility of its recurrence. (5) Due process rights shall be afforded to affected employees and the Personnel Department shall arrange termination hearings, where appropriate. (6) Disciplinary actions that may be imposed include: (a) Warnings and reprimands. (b) Termination, suspension or non-renewal of contracts. (c) Suspension or revocation of teaching certificates. (7) Retaliation against individuals who file sexual harassment complaints or assist in the investigation of sexual harassment complaints is expressly prohibited. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment. Disciplinary actions imposed for acts of retaliation shall include sanctions up to and including termination as appropriate. (8) Employees who knowingly fabricate allegations of sexual harassment shall be subject to disciplinary action up to and including termination. (9) Individuals, who withhold information, purposely provide inaccurate facts or otherwise hinder an investigation of sexual harassment, shall be subject to disciplinary action up to and including termination, as appropriate. (10) The filing of a complaint, the investigation of a complaint, and the identity of persons involved in complaint proceedings shall be maintained in confidence to the extent allowable by Florida law. In all cases, a high degree of confidentiality shall be maintained by school system authorities to protect parties involved in sexual harassment investigations. Only those persons who have a need to know for purposes of the investigation or resolution of the complaint shall be informed of the case. Any individual who releases information relative to the complaint or the investigation shall be subject to disciplinary action if not done so in accordance with the law. (11) To ensure effective investigations, the filing of the complaint should be within 20 school calendar days following the alleged sexual harassment or retaliation. The School District encourages the complainant to use the Complaint of Discrimination/Sexual Harassment Report form, which may be secured from Complaint Procedures for Sexual Harassment by Employees Policy 5.30 building administrators or equity coordinators. Report forms are also available in the offices of Equity, Personnel Services, and the Office of the Superintendent. (12) Anonymous complaints shall be accepted; however, the School District shall not necessarily investigate all alleged sexual harassment when the identity of the complainant has not been revealed. An investigation shall be conducted if the circumstances described by the complaint provide a factual basis, which indicates that sexual harassment, may have occurred. If the anonymous report does not provide said factual basis, the complaint shall be documented, the party or parties against whom the complaint has been filed shall be notified and administrative intervention shall be undertaken as deemed appropriate. No records of such anonymous complaint shall be placed in the personnel file of employees or others. (13) The investigation shall include but is not limited to: (a) Interviews with the complainant. (b) Interviews with the individual(s) against whom the complaint has been filed. (c) Interviews with others who have knowledge of the alleged incident(s) and circumstances related to the complaint. (d) An examination of relevant documents. (14) The investigator shall prepare a comprehensive report of the findings and forward it to the Director of Personnel who shall confer with the Superintendent or designee regarding the disposition of the case. This report shall consist of all information gathered and a recommendation with supporting reasons for said determination. (15) Recommended determinations may be: (a) No violation of the Prohibition of Harassment policy. (b) Violation of the Prohibition of Harassment policy. (c) Evidence of inappropriate behavior not found to constitute sexual harassment. (16) The Superintendent shall approve, disapprove or modify the recommended determination and shall take appropriate action based on the results of the investigation. This action may include sanctions as designed under School Board policy, as well as other measures designed to end sexual harassment and prevent its recurrence. (17) A determination shall be rendered in the case no more than 20 school calendar days following receipt of the complaint and devoid of extreme extenuating circumstances. Complaint Procedures for Sexual Harassment by Employees Policy 5.30 (18) The Superintendent or designee shall inform the complainant of the determination. If the determination includes a finding that violation of the prohibition harassment policy has occurred, the Superintendent shall inform the complainant of the disciplinary action to be taken. The individual(s) against whom the complaint has been filed shall also receive notification of the determination. If the determination includes a finding that a violation of the prohibition harassment policy has occurred, a description of the disciplinary actions to be taken shall be included in the notification. The Superintendent shall also impose appropriate sanctions if the determination includes a finding of evidence of inappropriate behavior, which does not constitute sexual harassment. (19) The School District of Lee County shall appropriately discipline any individual who retaliates against any person who reports alleged sexual harassment or who testifies, assists or participates in an investigation, proceeding or hearing related to a sexual harassment complaint. Persons bringing a sexual harassment complaint or assisting in an investigation of such a complaint shall not be adversely affected in terms and/or conditions of employment or education, nor discriminated against or discharged because of the complaint. Disciplinary actions imposed for acts of retaliation shall include sanctions up to and including termination. (20) This regulation and the School District’s Prohibition of Harassment Policy Involving Employees in the School District of Lee County shall be available at all work sites and shall be explained to all employees by their building administrator or designee. (21) The School District of Lee County shall conspicuously post its Notice of non discrimination, inclusive of the name and telephone number of the school system employees responsible for compliance with nondiscrimination provisions. (22) These regulations do not deny the right of any individual to pursue other avenues of recourse which may include mediation, filing a complaint with the Equal Employment Opportunity Commission, initiating a civil action or seeking redress under State criminal statutes and/or federal law. (23) The official record of all investigations shall be housed in the Personnel Department. These records shall not become a part of any individual’s personnel file and may only be reviewed upon approval of the Superintendent or designee. However, any documents regarding disciplinary action arising from an investigation shall be included in the personnel file of the individual against whom the complaint was filed and the complaining party. Records shall be retained for the maximum time allowable for redress available through actions pursued by regulatory or judicial entities”. Appendix B Personnel Assessment “The following procedures shall be followed for assessment: (1) The purpose of an employee evaluation in the School District is to assist the individual employee in becoming more successful in his/her job and to increase the individual's contribution to the effectiveness of departments and schools in the District. (2) The purpose of this procedure is to provide information and instructions relative to evaluating employee performance prior to making personnel action recommendation, including reappointments, salary increases, and promotions. (3) Evaluative Guidelines (a) The supervisor shall give specific criteria, forms, and processes for evaluation to each employee within the first 30 days of employment and annually within the first 30 days of each evaluation period thereafter. The criteria or forms may be changed within the evaluation period with prior notice to the employee. (b) If an employee at a school/department is related to a school/department administrator with direct supervisory authority or to a District administrator with indirect leadership authority to the school/department, the school/department administrator is to contact the Executive Director, Human Resources. The Executive Director, Human Resources, shall develop an evaluation procedure for the employee which shall be approved in writing by the Superintendent. (c) The supervisor shall evaluate every employee at least once a year prior to reappointment. (d) All new employees shall be evaluated within the first 60 calendar days of employment. (e) Any employee terminating a position held for more than 90 calendar days (f) Any supervisor who is moving from a supervisory assignment shall conduct an evaluation for each employee supervised prior to his/her termination date if one was conducted within the previous 180 calendar days. (g) Each supervisor shall annually receive training to assist in the planning, implementation, and coaching required for the proper use of assessment instruments and evaluation processes. (h) Each supervisor shall review expectations and specific assessment criteria with the employee prior to observing performance for evaluation purposes. (i) Written and/or oral feedback shall be provided to each employee following a formal observation of performance for evaluation purposes. (j) The supervisor shall provide a conference for each employee after each evaluation to assist with understanding the purpose of the evaluation, the assessed level of performance and professional growth. (k) An overall unsatisfactory evaluation can only be given when there is documentation and feedback, specific time lines that provide opportunity for improvement, the provision of assistance by the employee’s supervisor in a written plan, and the repeated failure of the employee to meet the evaluation criteria. (l) The employee shall be provided the opportunity to respond in writing to his/her evaluation within 10 days of the evaluation conference. The employee is required to sign the form to indicate that it has been reviewed. The signature does not necessarily imply agreement. Failure to sign the evaluation shall be considered insubordination and grounds for disciplinary action. (m) All employee evaluations and supporting assessment data shall become part of the employee’s personnel file and are covered by the appropriate State Board of Education Rules and School Board policies regarding access. (n) The supervisor may conduct special evaluations at any time as a method to assist in improving the employee’s performance. (o) Further procedures for evaluating personnel are covered in the agreement between the appropriate bargaining agents. (p) Personnel Services shall distribute timelines annually for the submission of a copy of the annual evaluation. These forms shall be submitted in a timely manner to Personnel Services and shall be included with all appropriate support material in the employee’s personnel file maintained in Personnel Services (q) Assessments are not subject to any grievance procedures”. Appendix C Student Assignment Under the No Child Left Behind Act (NCLB) “The School Board of Lee County recognizes the requirements under the No Child Left Behind Act of 2001 (NCLB). To fulfill the requirements of NCLB, the District shall provide student who is enrolled in a Title I school that is designated for school improvement with the opportunity to make a change in assignment or to stay at their current school and receive Supplemental Education Services. The Superintendent may elect to implement an early notification option, a regular notification option, or both. The Superintendent’s decision shall be announced prior to the beginning of the first enrollment period. (1) Early Notification Option (a) Parental Notification The Superintendent shall designate the transfer options and Supplemental Educational Services (SES) opportunities for students who are enrolled in Title I schools which have been identified for school improvement and which will not be able to exit school in need of improvement (SINI) status. The District shall notify parents/guardians of their transfer options in conjunction with the District’s regular student assignment process. Such notification shall be in compliance with guidance from the Florida Department of Education and the U.S. Department of Education. (b) Preference Selection Parents shall make their selection through the regular student assignment process available during the first enrollment period for the next school year. (c) Assignment Notification The District will notify parents of their assignment through the regular student assignment process. (d) Failure to Reply If a parent/guardian fails to meet the deadlines of the first enrollment period established for the regular student assignment process, this shall represent the parent’s/guardian’s decision to keep the child in the school assigned through the regular process. (e) Students new to the District and students new to a Zone due to a change of residence shall be informed about schools in need of improvement (SINI) status at the time they apply for enrollment during the period after the end of the first enrollment period through the date 14 calendar days, excluding holidays, of the District receiving official notice of SINI status from the State Department of Education. Such information shall be in compliance with guidance from the Florida Department of Education and the U.S. Department of Education. (2) Regular Notification Option (a) Parental Notification After receiving notice from the State Department of Education of which District schools have accomplished adequate yearly progress, the Superintendent shall designate the transfer options and Supplemental Educational Services (SES) opportunities for students who are enrolled in Title I schools which have been identified for school improvement. Within 14 calendar days (excluding holidays) of receiving notice from the State Department of Education, the District shall notify parents/guardians of their transfer options and provide them with instructions on how to indicate their transfer option preferences. This communication shall be accompanied by information regarding the availability of SES for eligible students. (b) Preference Selection Parents/guardians shall then return their transfer or SES preferences to the District on a form provided to them for this purpose. The District shall only accept preferences that are delivered or postmarked within 14 calendar days (excluding holidays) after the postmark on the District’s notification to parents/guardians. The District shall only accept original, hand-signed preference forms and shall not accept forms delivered through any electronic means such as facsimile or e-mail. (c) Assignment Notification Within 10 calendar days (excluding holidays) of the deadline for returning transfer preference forms, the District shall mail to the parent/guardian an assignment notification indicating the transfer option to which the student has been assigned. (d) SES Notification Within 10 calendar days (excluding holidays) of the deadline for returning SES preference forms, the District shall mail to the parent/guardian a confirmation of Provider Choice selection. (e) Failure to Reply If a parent/guardian fails to meet the deadlines in paragraph (2) (c) above (regarding the return of the NCLB Transfer Option Form) this shall represent the parent’s/guardian’s decision to keep the child in the current school of enrollment”. Appendix D Bullying and Harassment “The School Board is committed to a safe and orderly environment for all students and staff. 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. The adoption of Policy 4.14, Bullying and Harassment, shall bring the School District of Lee County into compliance with the Jeffrey Johnston Stand Up for All Students Act, s. 1006.147, F.S. (1) 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: (a) Teasing (b) Social Exclusion (c) Threat (d) Intimidation (e) Stalking (f) Physical violence (g) Theft (h) Sexual, religious, or racial harassment (i) Public humiliation (j) Destruction of property (k) Cyber bullying (2) 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; (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. (3) 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 any 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; 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. (4) 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. (5) The School District of Lee County 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. (6) The School District of Lee County expects employees to conduct themselves in accordance with employee handbooks, requirements, bargaining agreements and state statutes; with proper regard and respect for the students and other employees, the educational purpose underlying all school activities and the care of school facilities and equipment (7) The School District prohibits the bullying or harassment of any student or school employee: (a) During any education program or activity conducted by the School District of Lee County; (b) During any school-related or school-sponsored program or activity, or on a School District of Lee County school bus; (c) Through the use of data or computer software that is accessed through a computer, computer system, or computer network while on school grounds or on a SDLC school bus, or on the computer network of the School District of Lee County. (8) 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. (9) Student rights shall be explained as outlined in this policy and in the Student Code (10) Proper prevention and intervention steps will be taken based on the level of severity of infraction as outlined in the Student Code of Conduct, the Discipline Matrix, and this Policy. (11) Consequences and Appropriate Remedial Action (a) Consequences and appropriate remedial action for students who commit acts of bullying or harassment may range from positive behavioral interventions up to and including suspension or expulsion as outlined in the Student Code of Conduct. (b) Consequences and appropriate remedial action for a school employee found to have committed an act of bullying or harassment will be in accordance with Collective Bargaining Agreements, School Board Policies and Florida Statutes. Disciplinary actions may range up to, and include, termination. Additionally, egregious acts of harassment by certified educators may result in a sanction against an 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.) (c) Consequences and appropriate remedial action for a visitor or volunteer who has been 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. In the event the school administrator is considering removal and no return for the perpetrator, the superintendent or his designee shall be consulted. (d) 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. (e) Consequences and appropriate remedial action for a student found to have wrongfully and intentionally accused another of an act of bullying or harassment range from positive behavioral interventions up to and including suspension or expulsion, as outlined in the Student Code of Conduct. (f) Consequences and appropriate remedial action for a school employee found to have wrongfully and intentionally accused another as a means of bullying or harassment will include consequences in accordance with Collective Bargaining Agreements, School Board Policies and Florida Statutes. Consequences may increase in severity, up to and including termination, in accordance with the findings of the investigation. (g) Consequences and appropriate remedial action for a visitor or volunteer, found to have wrongfully and intentionally accused another of an act of bullying or harassment shall be determined by the school administrator after consideration of the nature and circumstances of the act. Consequences may include reports to appropriate law enforcement officials. In the event the school administrator is considering removal and no return for the perpetrator, the superintendent or his designee shall be consulted. (h) The physical location or time access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated. (12) The victim of bullying or harassment, anyone who witnessed the bullying or harassment, or anyone who has credible information that an act of bullying or harassment has taken place may file a report of bullying or harassment. The principal or principal’s designee is responsible for receiving reports of bullying or harassment. The report may be made orally or in writing; in-person or anonymously. All forms of reports are considered official. Formal disciplinary action may not be based solely on the basis of an anonymous report. (13) All school employees are required to report alleged violations of this policy. 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. (14) The principal of each school in the District shall establish and prominently publicize to students, staff, volunteers, and parents/legal guardians how a report of bullying or harassment may be filed and the procedures that will take place following the report. A school employee, school volunteer, student, parent/legal guardian or other persons who promptly report 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 or working environment or work assignments. (15) A principal will assign a designee(s) to initiate an investigation of whether an act of bullying or harassment is within the scope of the school District. The designee(s) will provide a report on results of investigation with recommendations for the principal to make a determination if an act of bullying or harassment falls within the scope of the District. (a) If it is within the scope of District, move to Procedures for Investigating Bullying and/or Harassment. If it is within the scope of the District, and determined a criminal act, move to Procedures for Investigating Bullying and/or Harassment and refer to appropriate law enforcement. (b) If it is outside the scope of District, and determined a criminal act, refer to appropriate law enforcement. (c) If it is outside the scope of District, and determined not a criminal act, inform parents/legal guardians of all students involved. (16) The investigation of a reported act of bullying or harassment is deemed to be a 205 school-related activity and begins with a report of such an act. At each school in the 206 District, the Procedure for Investigating Bullying and/or Harassment includes: (a) The principal selects a designee(s), employed by the school, 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 are 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. A description of incident(s) including nature of the behavior, context in which the alleged incident(s) occurred, etc.; 2. How often the conduct occurred; 3. Whether there were past incidents or continuing patterns of behavior; 4. The relationship between the parties involved; The characteristics of parties involved (i.e., grade, age, etc.); 6. The identity and number of individuals who participated in bullying or harassing behavior; 7. Where the alleged incident(s) occurred; 8. Whether the conduct adversely affected the student’s education or educational environment; 9. Whether the alleged victim felt or perceived an imbalance of power as a result of the reported incident; and 10. The date, time, and method in which the parents/legal guardians of all parties involved were contacted. (d) The investigation will be documented on the School District’s Report Form for Bullying and Harassment. (17) The principal, or designee, shall promptly report via telephone, personal conference, and/or in writing, the occurrence of any incident of bullying or harassment as defined by this policy to the parent or legal guardian of the alleged victim on the day the investigation is initiated. Prompt notification to the parents/guardians of the alleged perpetrator(s) will be made following the first contact and no later than the conclusion of the investigation. Notification will be consistent with the student privacy rights under the applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). (18) If the bullying incident results in the perpetrator being charged with and convicted of a crime, the principal, or designee, shall by telephone or in writing by first class mail, inform parents/legal guardian of the victim(s) involved in the bullying incident about the Unsafe School Choice Option (No Child Left Behind, Title IX, Part E, Subpart 2, Section 9532) that states “...a student who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school.” (19) Once the investigation has been completed and it has been determined that criminal charges may be pursued against the perpetrator, all appropriate local law enforcement agencies will be notified by telephone and/or in writing. (20) Following the report of suspected bullying or harassment, a referral for intervention will be made based on the investigation of the incident. The referral may be for one or more of the following: (a) Teacher or parent/legal guardian may request informal consultation with school staff to determine the severity of the concern and steps to address the concern; (b) Investigator may refer victim and/or perpetrator to his/her guidance counselor; and/or (c) Professional assistance or services which may include: 1. A referral to the Child Study Team for consideration of appropriate services. (Parent or legal guardian involvement is required at this point.) 2. If a formal discipline report or formal complaint is made, the principal or designee must refer the student(s) to the Child Study Team for determination of counseling support and interventions. (Parent or legal guardian involvement is required at this point.) (21) If a bullying and/or harassment incident occurs, it will be reported in Florida’s School Environmental Safety Incident Reporting (SESIR) Statewide report with the bullying/harassment incident code and/or related element code. If the bullying/harassment results in any of the following SESIR incidents the incident will be coded appropriately using the relevant incident code AND the related element code. (a) Arson (b) Battery (c) Breaking and Entering (d) Disruption on Campus (e) Major Fighting (f) Homicide (g) Kidnapping (h) Larceny/Theft (i) Robbery (j) Sexual Battery (k) Sexual Harassment (l) Sexual Offenses (m) Threat/Intimidation (n) Vandalism (o) Weapons Possession (p) Other Major (Other major incidents that do not fit within the other definitions) (22) Discipline and referral data will be recorded in Student Discipline/Referral Action Report and Automated Student Information System. The District will provide bullying incident, discipline, and referral data to the Florida Department of Education in the format requested, through Survey 5 from Education Information and Accountability Services, and on designated dates provided by the Department. (23) The District ensures that schools sustain healthy, positive, and safe learning environments for all students. It is important to change the social climate of the school and the social norms with regards to bullying. This requires the efforts of everyone in the school environment – teachers, administrators, counselors, school nurses, other non-teaching staff (such as bus drivers, custodians, cafeteria workers, and/or media specialists), parents/legal guardians, and students. (24) Students, parents/legal guardians, teachers, school administrators, counseling staff, and school volunteers shall be given instruction on an annual basis on the District's Policy and Regulations against bullying and harassment. The instruction shall include evidence-based methods of preventing bullying and harassment, as well as how to effectively identify and respond to bullying in schools. (25) The principal or designee shall by telephone and/or in writing promptly report the occurrence of any incident of bullying as defined by this policy to the parent or legal guardian of all students involved. (26) According to the level of infraction, parents/legal guardians will be notified by telephone and/or writing of actions being taken to protect the child; the frequency of notification will depend on the seriousness of the bullying or harassment incident. Notification will be consistent with the student privacy rights under the applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). (27) The District shall provide notice to students, staff and parents/legal guardians of this policy through appropriate references in the Student Code of Conduct and employee handbooks, and/or through other reasonable means. The Superintendent shall also make all private contractors doing business with the District aware of this policy”. Appendix E Acceptable Use Policy Governing Internet and Technology Access “The principal of a school or the supervisor of a department shall be responsible for ensuring that the following procedures are followed for governing Internet and technology access. Failure to adhere to these regulations shall result in suspension and/or revocation of access to District information resources pending formal investigation and could result in termination of employment (staff) or suspension/expulsion (student) from the School District. (1) The School District of Lee County provides technology resources to its students and staff for educational and administrative purposes. The use of these technology resources is a privilege, not a right and, as such, is subject to revocation and appropriate discipline by the School District administration at any time for abusive conduct or violation of any of the requirements of this policy. (2) All users are prohibited from: (a) Deliberate access or transmission of obscene, indecent, abusive, defamatory or otherwise offensive material in any form including improper use of telecommunication services or technology, and posting inappropriate information on the web, during or after school/work hours that may interfere with the school/work environment. (b) Transmission of material endorsing or opposing any candidate for political office. Communications by the Board’s legislative liaison to provide information and encourage action on pending legislation affecting the School District and the forwarding of such communications are not included in this prohibition, if approved by the Superintendent or designee. (c) Transmission of religious material. (d) Deliberate or malicious attempts to harm, destroy, or steal data on any system on the network and/or Internet. (e) Unauthorized installation, storage or distribution of copyrighted software or materials on any School District electronic information system. All users of telecommunication and network resources shall adhere to current copyright law. (f) Reposting personal communications without the author’s prior consent. (g) Using the network for personal financial gain, or any commercial or illegal activity. The Superintendent or designee may approve commercial advertising on the District website and through e-mail distribution to all staff when such advertising is not obscene, indecent, abusive, or defamatory and does not advertise a product or service appropriate only for adult use. Additionally, the advertiser must provide a benefit to the school or District or school or District employee. The school principal may approve advertising on the school website and through e-mail distribution to all school staff on the same terms. No pop-up advertising will be allowed on the school or District website. (h) Deliberate spread of computer “viruses.” (i) Attaching/installing/adding personally owned software, computer and/or other electronic devices to any District network without written permission from District administration. (3) As a condition of use of District information resources, all users understand and agree with the following: (a) The District complies with the Children’s Internet Protection Act (CIPA) and in doing so ensures that during the school day and school activities: 1. Access by users to inappropriate matter on the Internet and World Wide Web is not permitted under any circumstances. For all users, “inappropriate matter” includes child pornography and visual depictions of obscenity. For users under 17 years of age, “inappropriate” also includes matters harmful to minors as defined by CIPA. 2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communication is protected. 3. Unauthorized access, including “hacking” and other unlawful activities by minors is prohibited. 4. Unauthorized disclosure, use and dissemination of any personal information regarding minors are prohibited. 5. Technology protection measures are in place, which are designed to restrict user access to inappropriate matters. (b) The District has the right to review any materials stored in District computers and electronic systems. Any right of privacy that users of District information resources may have in and to such material is waived. All information transmitted through the telecommunication and network resources of the District are considered District property. (c) The District can edit or remove any materials, which it believes may be unlawful, obscene, indecent, abusive or in any way objectionable. (d) The use of the Internet is for educational purposes only. Students are not allowed to access the Internet without supervision. The District provides such supervision only during the school day and school activities. Parents/ guardians are responsible for such supervision outside the school day and school activities. (e) All information and services contained on the District computers are placed there solely for general educational purposes. (f) System passwords are the responsibility of each individual user. Passwords shall not be shared with others and shall be kept secure at all times. Failure to secure passwords shall result in the revocation of network access. (4) Any attempt to damage or impair the information resource network of the District, such as e-mail bombardment, transmission of chain letters, virus hoaxes, “spoofing” of header or identifiable information regarding the sender, hacking or “sniffing,” shall result in revocation of network access and may subject the user to disciplinary and/or legal action. (a) Users of telecommunication and network resources shall conduct themselves in an ethical and legal manner. (b) Only the person authorized to have access by the School District shall have access to District resources such as e-mail, mainframe and other electronic information resources”. Read More