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BP 5131.2

Anti-Bullying

Section:
5000 - Students
Status:
Active
Adopted:
2013-08-27
Revised:
2024-04-18

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

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

46600 Student transfers

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