The U.S. Department of Education Office for Civil Rights enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance.
Relevant laws:
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance.
Title II of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in public entities (Connecticut State Department of Education, 2014).
Relevant laws:
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance.
Title II of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in public entities (Connecticut State Department of Education, 2014).
Legal Facts:
- Students have the right to be educated in an environment free of fear
- Bullying incidents disrupt students’ learning and academic performance
- Teachers and administrators have a legal responsibility to protect students from intimidation and threats to their safety
- School districts and school officials and employees incur liability for their tortious acts when these acts result in injury to students
- ”Tort” is an actionable or civil wrong committed against one person by another independent of contract (Essex, 2011)
Elements of negligence involving bullying:
- Standard of care
- Breach of duty
- Injury or harm
- Proximate or legal cause (Essex, 2011)
Three common steps/ policies implemented by schools in pursuit of ameliorating violence and bullying:
- Zero tolerance policy
- Use of the OBPP-Olweus Bullying Prevention Program
- Communal schools- creating a stronger communal school organization is an effective and efficient approach towards providing a safe and healthy school climate for students. Key characteristics include:
- Supportive relationships among teachers, administrators, and students
- All of the above share a common set of goals and norms
- Collaboration and involvement (Peguero, 2012)