What is the limit of the
policy’s scope as it relates to school-centric authority?
As Parry Aftab has carefully outlined in
other articles about the limited authority of schools to address off-premises,
after-hours and not-school-related conduct of their students, schools cannot
legally reach student conduct unrelated to school.
While it is unclear whether
these limitations also govern softer disciplinary actions, such as requiring
peer counseling, or writing an essay on why cyberbullying hurts, expulsions,
suspensions and removal from sports teams have been held to be outside of the
school’s authority in after-hours, off-premises and not-school-related bullying
and cyberbullying.
Ask your district counsel to review the decisions governing
your jurisdiction to see how far you may go and still stay within your
constitutional authority. (Law school students can be very helpful on
inventorying the relevant laws and cases.)
The Florida Department of Education
model policy provides:
The school district upholds that bullying or
harassment of any student or school employee is prohibited:
a) During any
education program or activity conducted by a public K-12 educational
institution;
b) During any
school-related or school-sponsored program or activity;
c) On a school
bus of a public K-12 educational institution; or
d) Through the use
of data or computer software that is accessed through a computer, computer
system, or computer network of a public K-12 education institution.
Typically, the scope also includes “while on school grounds” and
“through the use of school-provided equipment or communication networks or
technology.”
