5131.1 BP - Discrimination, Harassment, Intimidation, and Bullying

Adopted: 4/13/16
Revised: 4/13/16

The County Board of Education (Board) is committed to providing an educational environment in which all students have equal access and opportunities in academic and other educational support programs, services, and activities. The Board recognizes that the harmful effects of unlawful discrimination, harassment, intimidation, and bullying interfere with student learning and school attendance and the Board desires to provide a safe school environment that protects all students from physical and emotional harm.

The County Board of Education prohibits unlawful discrimination, harassment, intimidation, or bullying in schools or school activities under the jurisdiction of the County Superintendent of Schools against any person on the basis of actual or perceived sex, sexual orientation, gender, gender identity , gender expression, genetic information, marital or parental status, ethnic group identification, race or ethnicity, ancestry, nationality, national origin, religion, color, mental or physical disability, age, or any other characteristic identified in Education Code sections 200 and 220, Penal Code section 422.55, or Government Code section 11135, or based on a person’s association with a person or group with one or more of these actual or perceived characteristics.

Uniform Complaint Procedures shall be used for receiving, investigating, and resolving complaints alleging unlawful discrimination, harassment, intimidation, or bullying. Retaliation against a complainant or any participant in the complaint process is prohibited.

The County Superintendent of Schools is directed to maintain an administrative regulation that facilitates students’ access to the educational program through measures that promote a safe and tolerant learning environment in which unlawful discrimination, harassment, intimidation, and bullying are not tolerated.

Board Policy: 1312, 3560, 5131.1

Administrative Regulation: 1312.4, 3560, 5146

Legal Reference:
Education Code
200 – 262.4, 48900.2, 48900.3, 48900.4, 48985, 49020 - 49023
Government Code
11135
Penal Code
422.55, 422.6
California Code of Regulations, Title 5
432, 4600 – 4633, 4900 – 4965
United States Code, Title 20
1681-1688, 12101-12213
United States Code, Title 29
794
United States Code, Title 42
2000d – 2000d-7, 6101 - 6107
Code of Federal Regulations, Title 28
35.107
Code of Federal Regulations, Title 34
100.3, 104.4, 104.7, 106.8, 106.9, 106.31, 110.25, 300.17

Management Resources:
U.S. Department of Education, Office for Civil Rights: Dear Colleague Letter, Harassment and Bullying, October 2010, Dear Colleague letter, Sexual Harassment, April 2011; Dear Colleague Letter, Bullying of Students with Disabilities, August 2013 and October 2014; Dear Colleague Letter, Title IX Coordinator, April 2015