At the request of NSBA, the U.S. Department of Education has responded to concerns regarding its recent guidance on school bullying and harassment. The letter, sent on March 25, further explains the Office of Civil Rights’ legal justifications for its positions but does not alter the substance of its initial guidance.
NSBA General Counsel Francisco M. Negrón, Jr. told NSBA’s Legal Clips that the OCR missed an opportunity to support the expertise and discretion of local school officials. Legal Clips has a full analysis of the letter.
Russlyn Ali, the assistant secretary for the OCR, will speak at the Council of School Attorneys’ annual conference in San Francisco on April 8. (That session along with several other COSA sessions on the topic will be covered by School Board News Today’s Conference Daily.)
The initial guidance came in the form of an Oct. 26, 2010 “Dear Colleague” letter that raised many questions about school officials’ responsibilities to report and address bullying and harassment incidents. NSBA also noted its concerns that the guidance could conflict with some state laws. The guidance could invite “misguided litigation,” according to NSBA’s legal department.
Negrón asked OCR to clarify or reconsider its stance on the responsibility of public school officials to address bullying and harassment in schools in this letter late last year. According to NSBA’s Legal Clips, “Negrón expressed concern that the [letter], which provides a broad view of the behaviors that constitute harassment falling under the purview of OCR’s enforcement responsibilities and a wide range of remedial measure schools may need to take to address them, may invite misguided litigation against schools and prove difficult for school officials to implement.”
“It’s important that OCR give school officials some brighter lines, so they know not only what OCR will enforce, but also whether OCR’s expectations line up with existing legal precedent. We continue to be concerned that the [letter] may unwittingly invite needless litigation,” Negrón said in Legal Clips.