California
Last Updated: 3/28/2012
Bullying/Harassment: Education Code 32261 (1985) states that all pupils enrolled in a classroom have the inalienable right to attend classes on school campuses that are safe, secure and peaceful. It encourages school districts to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.
Education Code 35294.2 (2001) requires the Department of Education to develop model policies on the prevention of bullying and conflict resolution. The code authorizes districts to adopt one or more of these policies for the incorporation into its school safety plan, as required in the statute (Model Policies). Education Code 48900(2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying. Education Code 48900.4 (2008) allows a student to be suspended or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."
Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has committed sexual harassment, as defined in Education Code 212.5. Education Code 46600 states that a pupil that has been determined to be a victim of an act of bullying shall be given priority for interdistric attendance under any interdistrict attendance agreement, or in the abscence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.
Education Code 234 requires the bullying and harassment policy adopted by the local education agencies to prohibit discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified. It also requires the process for receiving and investigating complaints to include complaints of discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified, and to include a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so, a timeline to investigate and resolve complaints, and an appeal process, as specified.
Cyberbullying: Education Code 48900 (2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts. Education Code32261 (2011) defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound, image or a post on a social network Internet Web site, or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager.
Education Code 32261 encourages school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including bullying committeed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Web site.
Hazing: Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged ir or attempted to engage in hazing. "Hazing" is defined as a method of means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil." For the purposes of this statute, "hazing" does not include athletic events or school-sanctioned events.
Education Code 35294.2 (2001) requires the Department of Education to develop model policies on the prevention of bullying and conflict resolution. The code authorizes districts to adopt one or more of these policies for the incorporation into its school safety plan, as required in the statute (Model Policies). Education Code 48900(2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying. Education Code 48900.4 (2008) allows a student to be suspended or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."
Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has committed sexual harassment, as defined in Education Code 212.5. Education Code 46600 states that a pupil that has been determined to be a victim of an act of bullying shall be given priority for interdistric attendance under any interdistrict attendance agreement, or in the abscence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.
Education Code 234 requires the bullying and harassment policy adopted by the local education agencies to prohibit discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified. It also requires the process for receiving and investigating complaints to include complaints of discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified, and to include a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so, a timeline to investigate and resolve complaints, and an appeal process, as specified.
Cyberbullying: Education Code 48900 (2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts. Education Code32261 (2011) defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound, image or a post on a social network Internet Web site, or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager.
Education Code 32261 encourages school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including bullying committeed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Web site.
Hazing: Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged ir or attempted to engage in hazing. "Hazing" is defined as a method of means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil." For the purposes of this statute, "hazing" does not include athletic events or school-sanctioned events.
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