Bullying Will Remain in the Spotlight for Public Schools in 2011

By Jackie Wernz

The Department of Education’s Office for Civil Rights (OCR) is not the only entity focusing more attention on bullying in public schools. A recent article in The Seattle Times reported that the American Civil Liberties Union (ACLU) of Washington filed a lawsuit on behalf of a 19-year-old student of Aberdeen School District earlier this month. The suit alleges that the student was harassed persistently because of his race and because other students perceived him to be homosexual. The ACLU is a national non-profit organization that focuses on litigation regarding high-profile issues in Constitutional law.

The ACLU lawsuit follows closely on the heels of recent OCR guidance suggesting that the federal agency intends to take a hard stance against bullying in public schools. Franczek Radelet reported on that guidance in an FR Alert last month. Since then, the National School Boards Association (NSBA) issued a letter to Charlie Rose, General Counsel of the Department of Education and former Franczek Radelet partner, seeking clarification and limitation of OCR guidance. The letter pointed out that OCR is taking a more expansive view of the law regarding school district liability for bullying than warranted by previous case law.

Regardless of OCR’s response to the NSBA letter, the ACLU lawsuit and the OCR guidance together suggest that school districts can expect increased scrutiny on bullying cases from various different sources in the coming year and beyond. School districts should prepare by assessing policies and procedures governing bullying to ensure they comply with the law and the new OCR guidance, and planning for training to educate relevant staff on the developments in this area of law.