BP 5131.2 — Anti-Bullying
Section: 5000 - Students
Status: Active
Adopted: 2013-08-27
Revised: 2024-04-18
Policy text
ANTI-BULLYING
The Governing Board recognizes the harmful effects of bullying on student well-being, student learning and school attendance and strives to provide a safe school environment that protects 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 constituting 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 but which may have an impact or create a hostile environment at school, and to all acts of the Governing Board and the Superintendent in enacting policies and procedures that govern the district.
No individual or group shall, through physical, written, verbal, visual, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or commit hate violence against any student or school personnel, or retaliate against them for filing a complaint or participating in the complaint resolution process.
The Superintendent or designee shall develop strategies for addressing bullying in district schools with the involvement of students, parents/guardians, and staff. As appropriate, the Superintendent or designee may also collaborate with social services, mental health services, law enforcement, courts, and other agencies and community organizations in the development and implementation of effective strategies to promote safety in schools and the community.
Such strategies shall be incorporated into the comprehensive safety plan and, to the extent possible, into the local control and accountability plan and other applicable district and school plans.
Any complaint of bullying shall be investigated and, if determined to be discriminatory, resolved in accordance with law and the district’s uniform complaint procedures specified in AR 1312.3. If, during the investigation, it is determined that a complaint is about nondiscriminatory bullying, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.
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 requests 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 on intradistrict or interdistrict transfer, as applicable.
Any employee who permits or engages in bullying or retaliation related to bullying shall be subject to disciplinary action, up to and including dismissal.
Prior Revised Dates
January 26, 2016, September 25, 2018, February 13, 2020, April 22, 2021
Legal
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289.5 School safety plans
35181 Governing board policy on responsibilities of students
35291-35291.5 School discipline rules
48900-48925 Suspension or expulsion
48985 Notices to parents in language other than English
52060-52077 Local control and accountability plan
BUSINESS AND PROFESSIONS CODE
22589-22589.4 Cyberbullying Protection Act
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
CALIFORNIA CODE OF REGULATIONS, TITLE 5
4600-4670 Uniform complaint procedures
UNITED STATES CODE, TITLE 47
254 Universal service discounts (e-rate)
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107 Nondiscrimination on basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
104.7 Section 504; Designation of responsible employee and adoption of grievances procedures
106.8 Designation of coordinator; dissemination of policy, and adoption of grievance procedures
110.25 Notification of nondiscrimination on the basis of age
COURT DECISIONS
J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094
Lavine v. Blaine School District, (2002) 279 F.3d 719
Wynar v. Douglas County School District, (2013) 728 F.3d 1062