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Ohio Safe Schools Project Your School Bullying Prevention, Safety and Security Resource |
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Legal Professionals |
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Ohio Safe Schools Project |
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Law and Bullying
· Title IX of the Education Amendments of 1972 - Schools must have “Actual Knowledge” of bullying - Schools must have been “Deliberately Indifferent”
· Title VI of the Civil Rights Act of 1964 - Actual Knowledge of harassment - Intentionality: Some courts hold that school officials must have actually created the threatening environment through an affirmative act.
· Equal Protection and Due Process ( § 1983) - Added burden of proving the school’s lack of response was due to discrimination - Some groups are offered more protection than others
· § 504 of the Rehabilitation Act
· Individuals with Disabilities Education Act
· Americans with Disabilities Act
· State Tort Claims - Lack of Clear Mandates - Lack of Enforceability - Lack of Enumeration - Immunity
· Note: Courts tend to focus on incident response NOT prevention
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Resources
Intervention Tips for Law Enforcement Officers Involvement of Law Enforcement Officers in Bullying Prevention
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Cases
Davis v. Monroe County Board of Education Parent, on behalf of fifth-grade student, sued school board and officials under Title IX for failure to remedy classmate's sexual harassment of student.
K.M v. Hyde Park Central School District Mother of disabled student sued school district and school officials under Rehabilitation Act, Americans with Disabilities Act (ADA), and § 1983.
Public high school student brought action against school board, teacher, and state Department of Health and Family Services, alleging violation of Fourteenth Amendment, Americans with Disabilities Act (ADA), and Rehabilitation Act, based on assaults against him by other students.
Student brought § 1983 action against school officials alleging equal protection and due process violations stemming from officials' alleged failure to protect student from harassment and harm by other students due to student's sexual orientation.
Patterson v. Hudson Area Schools Parents of middle school student sued school district, claiming it violated Title IX by allowing their son to be harassed by other students.
Theno v. Tonganoxie Unified School District Student brought suit against school district under Title IX, claiming inadequate response to sexual harassment by fellow students.
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