BOARD POLICY - 5131.2
The Board of Education recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student.
This policy shall apply to all acts of bullying related to school activity or to school attendance occurring within a District school, to acts which occur off campus or outside of school-related or school-sponsored activities which may have an impact or create a hostile environment at school.Ìý
The Board of Education recognizes the harmful effects of bullying on student well-being, student learning, and school attendance and desires to provide a welcoming, safe, and supportive school environment that protects students from physical, mental, or emotional harm. No student or group of students shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or commit hate violence against any other student or school personnel. Students who have been bullied or cyberbullied shall promptly report such incidents to any staff member. This policy explicitly prohibits bullying based on actual or perceived gender expression, gender identify, and sexual orientation.
The Superintendent or designee shall develop strategies for preventing and addressing bullying by collaborating with applicable stakeholders, including the involvement of students, parents/guardians, and staff. The Superintendent or designee may also collaborate with mental health services, School Resource Officers, and other community-based organizations in the development and implementation of effective strategies to promote safety in schools and the community. Such strategies shall be incorporated into the Local Control and Accountability Plan (LCAP) and other applicable district and school plans.Ìý
Complaints of bullying and cyberbullying shall be investigated promptly.Ìý When a complaint is verified, corrective action shall be taken in accordance with law and the District’s Uniform Complaint Policy Administrative Regulation 1312.3. Neither reprisals nor retaliation shall occur as a result of the submission of a complaint and confidentiality shall be maintained.
The Superintendent or designee shall ensure periodic follow-ups so that bullying does not continue and shall encourage administrators to maintain a confidential record of bullying complaints and their resolutions.Ìý
If the Superintendent or designee believes it is in the best interest of a student who has been the victim of an act of bullying, as defined in Education Code 48900, the Superintendent or designee shall advise the student’s parents/guardians that the student may transfer to another school. If the parents/guardians of a student who has been the victim of an act of bullying request a transfer for the student pursuant to Education Code 46600, the Superintendent or designee shall allow the transfer in accordance with law and District policy.Ìý
The Board of Education recognizes the importance of partnering with parents/guardians to address bullying and other acts of aggression in District schools as well as in the community.Ìý Parents/guardians are encouraged to model respectful behavior, contribute to a safe and supportive learning environment, and monitor and address potential causes of bullying. Any employee who permits or engages in bullying or retaliation related to bullying shall be subject to disciplinary action, up to and including dismissal.Ìý
Legal References:
EDUCATION CODE:
200-262.4 Prohibition of discrimination
32282 Comprehensive safety plan
32283.5 Bullying; online training
35181 Governing board policy on responsibilities of students
35291-35291.5 School discipline rules
48900-48925 Suspension or expulsion
48985 Translation of notices
52060-52077 Local control and accountability plan
PENAL CODE:
422.55 Definition of hate crime
647 Use of camera or other instrument to invade person's privacy; misdemeanor
647.7 Use of camera or other instrument to invade person's privacy; punishment
653.2 Electronic communication devices, threats to safety
CODE OF REGULATIONS, TITLE 5
4600-4687 Uniform complaint procedures
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107 Nondiscrimination on basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
104.7 Designation of responsible employee for Section 504
106.8 Designation of responsible employee for Title IX
110.25 Notification of nondiscrimination on the basis of age
COURT DECISIONS:
Wynar v. Douglas County School District, (2013) 728 F.3d 1062
J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094
Lavine v. Blaine School District, (2002) 279 F.3d 719
CSBA PUBLICATIONS:
Final guidance:Ìý AB 1266, Transgender and Gender Nonconforming Students, Privacy, Programs, Activities & Facilities, Legal Guidance, March 2014
Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014
Addressing the Conditions of Children:Ìý Focus on Bullying, Governance Brief, December 2012
Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
Building Healthy Communities:Ìý A School Leaders Guide to Collaboration and Community Engagement, 2009
Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS:
California’s Social and Emotional Learning:Ìý Guiding Principles, 2018
Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008
Bullying at School, 2003
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
Promoting a Safe and Secure Learning Environment for All:ÌýGuidance and Model Policies to Assist California K-12 School in Responding to Immigration Issues, April 2018
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Guidance to Schools:Ìý Bullying of Students with Disabilities, October 2014
Dear Colleague Letter:Ìý Guidance of Schools’ Obligations to Protect Students from Student-on-Student Harassment on the Basis of Sex; Race, Color and National Origin; and Disability, October 26, 2010
Dear Colleague Letter: Harassment and Bullying, October 2010
WEB SITES
CSBA: http://www.csba.org
California Office of the Attorney General:Ìý http://oag.ca.gov
California Department of Education, Safe Schools Office: http://www.cde.ca.gov/ls/ss
Center on Great Teachers and Leaders:Ìýhttp://gtlcenter.org
Collaborative for Academic Social and Emotional Learning:Ìýhttp://casel.org
Common Sense Media:Ìý http://www.commonsensemedia.org
National School Safety Center: http://www.schoolsafety.us
Partnership for Children and Youth:Ìýhttp://partnerforchildren.org
U.S. Department of Education, Office for Civil Rights:ÌýÌý
Policy Adopted: February 3, 2009
Policy Revised: August 21, 2012
Policy Revised: August 21, 2018
Policy Revised: August 27, 2024
Administrative Regulation 5131.2 Bullying/CyberBullying