laws+backup


 * Tinker Doctrine**: students have rights of freedom of speech and expression. They are protected by the First Amendment. As long as their actions don’t //materially and substantially// disturb school discipline, or class work. Other students’ right to safety and education trumps freedom of speech. Schools can’t restrict speech because they disagree with the political viewpoint.

This is the main statute governing cyberbullying. Schools can discipline students for actions outside of school if those actions affect school discipline. There are precedents of schools disciplining students for misconduct outside of school because that misconduct affected school discipline. Students possess liberty and property interests in their education, and this trumps the 1st amendment rights of students. Jeffrey Johnston Stand Up for All Students Act." Florida Statute - passed in 2008 This law was passed as a result of a student committing suicide because of bullying and cyberbullying. The law prohibits bullying or harassment of any student or employee of a public K-12 educational institution. It directly addresses cyberbullying as well. "Bullying and harassment is prohibited through the use of data or computer software that is accessed through a computer, computer system, or computer network of a public K-12 educational institution." The statute defines harassment as "any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct 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; or 3. Has the effect of substantially disrupting the orderly operation of the school. It also specifies, "The definitions of bullying and harassment include: Perpetuation of conduct listed in paragraph (a) (bullying) or paragraph (b) (harassment) by an individual or group with intent to demean, dehumanize, embarrass, or cause physical harm to a student or school employee by: Accessing or knowingly 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." The statute also says that "each school district shall adopt a policy prohibiting bullying and harassment of any student or employee of a public K-12 educational institution." In this policy the school district must include consequences for a student or employee who commits an act of bullying or harassment and must include a procedure for the prompt investigation of a report of bullying or harassment, among other things. The statute says, "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." The statue also says the district must have a procedure for immediate notification of the parents of the victim and the parents of the perpetrator, as well as notifying all local agencies where criminal charges may be pursued against the perpetrator. The statute ends with the statement that "Nothing in this section shall be construed to abridge the rights of students or school employees that are protected by the First Amendment to the Constitution of the United States." (www.leg.state.fl.us/statutes)

One legal argument implied in this case relating to previous court cases. In Tinker V. Des Moines in order to prohibit speech, there must be "substantial disruption of the educational environment." In the Jeffrey Johnston statute there is language that refers to the Tinker decision: Harassment is partially defined as activity that "Has the effect of substantially disrupting the orderly operation of the school."

Background of the case: Jeff Johnston was bullied beginning in 7th grade. "Cyberbullying was just one more way the bully targeted Jeff, fracturing his confidence." His mother said that other students didn't stand up for him because they were afraid of being a target. "The bully was relentless. He used the computer to lob attacks at Jeff, and destroy a video game he and his friend worked on all summer." Jeff was also bullied at school even though his mother was a teacher at his school. Jeff ultimately hung himself at home after two and a half years of bullying. He left a note typed on his computer six weeks before his suicide, written to his friends. The note said, "I'm just writing to tell you I won't be in school anymore. I decided to commit suicide because my life is too hard to live with." ("Bullying Moves from School to Cyberspace" Todd Jurkowski, www.ncb-2.com, November 7, 2005)

Assembly Bill 86 by Assemblyman Ted Lieu, D-Torrance, was signed by Governor Arnold Schwarzenegger and became effective January 1, 2009. The Lieu bill adds bullying to the list of acts for which a student can be suspended or expelled, adding subsection (r) to existing California Education Code (EC) Section 48900: 48900. A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r) inclusive: (r) Engaged in an act of bullying,including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Secion 32261, directed specifically toward a pupil or school personnel.
 * Assembly Bill 86: California Cyber Bullying Code, Active Jan 1, 2009**

Date of Hearing: January 16, 2008 ASSEMBLY COMMITTEE ON EDUCATION Gene Mullin, Chair AB 86 (Lieu) - As Amended: January 7, 2008

[] EDUCATION CODE SECTION 48900 A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to

(r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of **an electronic act**, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following: (1) While on school grounds. (2) While going to or coming from school. (3) During the lunch period whether on or off the campus. (4) During, or while going to or coming from, a school sponsored activity.

[] 48900.4. In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils…

California Education Code Section 32261** (g) As used in this chapter, an "electronic act" means the transmission of a communication, including, but not limited to, a message, text, sound, or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager.
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