Last Updated on April 8, 2021 by Michelle Ball
By Michelle Ball, California Education Attorney for Students since 1995
School bullying can be very destructive and even deadly, if not addressed promptly. Schools are in the best position to investigate and prevent student bullying as often bullying occurs on school campuses. Parents and students must learn about school obligations to stop and resolve student bullying.
US Department of Education: Bullying Investigation Is Mandatory
In an official opinion letter from the United States Department of Education to all school districts titled: “Dear Colleague Letter: Harassment and Bullying”, the US Department of Education explains that schools are in the best position to investigate and stop bullying and harassment.
In fact, schools have a legal duty to investigate student bullying and stop it.
This is backed by a many other laws as well.
Bullying of Disabled Students Must Be Investigated and Stopped
In 2014, the US Department of Education issued a thirteen page document condemning bullying of disabled students. Disabled students are frequent targets for bullies. In this “Dear Colleague” letter of October 21, 2014, the US Department of Education reiterated its position, and explained that potential bullying of a disabled student triggers investigation and potential educational mandates under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). Several great examples of school bullying problems appear in this reference.
California: Bullying Investigation and Resolution Mandated
Punishment of the Bullied or Bully
Education Attorney for Students
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Please see my disclaimer. This is legal information, not legal advice and no attorney-client relationship is formed by this posting. This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.