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Burlingame SD |  BP  0411  Philosophy, Goals, Objectives and Comprehensive Plans

Anti-Harassment/Anti-Bullying Policy   

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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

35291-35291.5 Rules

44807 Duty concerning conduct of students

48900-48925 Suspension or expulsion of students

48950 Freedom of speech

49020-49023 Athletic programs

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

300-307 Duties of pupils

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