Burlingame SD | BP 0411 Philosophy, Goals, Objectives and Comprehensive Plans
Anti-Harassment/Anti-Bullying Policy
The Burlingame School District Board of Trustees prohibits discrimination, intimidation, bullying, cyberbullying or harassment of any student or employee by any employee, student, or other person. Prohibited harassment includes physical, verbal, nonverbal, or written conduct that is so severe or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects the student's educational opportunities.
The Board affirms the right of all students, staff, and parents/guardians to be free from harassment, or any activity that degrades the unique qualities of an individual, such as race, gender, ethnicity, age culture, heritage, sexuality, physical/mental/intellectual attributes, or religious beliefs and practices. Such verbal or physical acts are abusive and will not be tolerated on any district campus or at any school activity whether on or off campus.
The Board encourages the Superintendent and staff to develop programs that enhance self-esteem, raise awareness and sensitivity, and foster respect for individuals and their unique qualities. The Board recognizes that bullying and harassment are inflammatory to staff. The Board authorizes the staff to discipline students involved in such acts, including counseling, suspensions and recommendation for expulsion as allowed by California Education Code.
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289 School Safety Programs
32261 Bullying
35181 Board of Trustees policy on responsibilities of students
44807 Duty concerning conduct of students
48900-48925 Suspension or expulsion of students
48950 Freedom of speech
51512 Prohibition against electronic listening devices
51500 Prohibited instruction or activity
51501 Prohibited means of instruction
60044 Prohibited instructional materials
CIVIL CODE
1714.1 Liability of parents/guardians for willful misconduct of minor
PENAL CODE
313 Harmful matter
422.55 Definition of hate crime
422.6 Crimes, harassment
647 Electronic device to invade person's privacy: misdemeanor
653.2 Electronic communication device, threats to safety
CODE OF REGULATIONS, TITLE 5
4600-4687 Uniform Complaint Procedures
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1681-1688 Title IX of the Education Amendments of 1972
UNITED STATES CODE, TITLE 42
2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended
2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964
CODE OF FEDERAL REGULATIONS, TITLE 34
100.3 Prohibition of discrimination on basis of race, color or national origin
104.7 Designation of responsible employee for Section 504
106.8 Designation of responsible employee for Title IX
106.9 Notification of nondiscrimination on basis of sex
Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567
Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130
Management Resources:
CSBA PUBLICATIONS
Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010
Cyberbullying : Policy Considerations for Boards, Policy Brief, July, 2007
Protecting our Schools: Board of Trustees Strategies to Combat School Violence, 1999
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Bullying at School, 2003
Creating a Safe and Drug Free Schools: An Action Guide, 1996
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
California Student Safety and Violence Prevention - Laws and Regulations, April 2004
FIRST AMENDMENT CENTER PUBLICATIONS
Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground,
2006
NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Digital Discipline: Off Campus Student Conduct , the First Amendment and Web Sites, School Law on Review, 2001
Dealing with Legal Matters Surrounding Students' Sexual Orientation and Gender Identity, 2004
NATIONAL SCHOOL SAFETY CENTER PUBLICAITONS
Bullying in School: Fighting the Bullying Battle, 2006
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Notice of Non-Discrimination, January 1999
Preventing Bullying: A manual for Schools and Communities, 1998
WEB SITES
CSBA: http://www.csba.org
California Cyber safety for Children http://www.cybersafety.ca.gov
California Safe Schools Coalition: http://www.casafeschools.org
California Department of Education: http://www.cde.ca.gov
Center for Safe and Responsible Internet: http://cyberbullying.org
First Amendment Center: http://www.firstamendment.org
National School Boards Association: http://www.nsba.org
National School safety Center: http://www.schoolsafety.us
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr
Policy BURLINGAME SCHOOL DISTRICT
adopted: June 26, 2012 Burlingame, California
revised: October 2014