Schools liable for cyberbullying

Under civil rights law, school officials must act to curb harassment of students off campus and after school, including cyberbullying, declares a “Dear Colleague” from the Education Department. From the Daily Caller:

“Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the Internet… it does not have to include intent to harm, be directed at a specific target, or involve repeated incidents [but] creates a hostile environment … [which can] limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school,” according to the far-reaching letter, which was completed Oct. 26 by Russlynn Ali, who heads the agency’s civil rights office.

School officials will face lawsuits even when they are ignorant about students’ statements, if a court later decides they “reasonably should have known” about their students’ conduct, said the statement.

. . .  “The school may need to provide training or other interventions not only for the perpetrators, but also for the larger school community, to ensure that all students, their families, and school staff can recognize harassment if it recurs and know how to respond… [and] provide additional services to the student who was harassed in order to address the effects of the harassment,” said the letter.

Facebook is adding a feature that will let users “report content to someone in their support system (like a parent or teacher),” Facebook announced March 11 after the White House conference on school bullying. Presumably some children will report perceived harassment to a teacher or principal, making the school responsible for doing something about it.

The National School Board Association objects to expanding schools’ ‘legal risks,” reports Reason.

The remedies being pushed by administration officials will also violate students’ and families’ privacy rights, disregard student’s constitutional free-speech rights, spur expensive lawsuits against cash-strapped schools, and constrict school official’ ability to flexibly use their own anti-bullying policies to manage routine and unique issues, said the NSBA letter.

School officials have a responsibility to protect students from bullying and harassment when they’re in school. Making that a 24/7 obligation . . . It’s too much to ask.

Update: Rep. Jackie Speier, a California Democrat, plans to introduce legislation requiring schools that receive federal aid to report bullying to the federal government and specify whether disabled students were involved.

About Joanne