Access to quality education is a fundamental right of every student and is fully guaranteed and protected by the California Constitution. Education plays a central role in our society and numerous laws are designed to promote equality in educational opportunities and to safeguard all students from discriminatory practices in public schools.
The duty to protect children in the public schools from discriminatory harassment is the responsibility of the local education agency (LEA). Education Code Section 200 et seq is a comprehensive statutory scheme which prohibits discrimination on the basis of various protected groups. Specifically, Education Code Section 220 prohibits discrimination on the basis of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes as set forth in Penal Code Section 422.55 in any program or activity that is conducted by an LEA that receives or benefits from state financial assistance.
LEAs are required by Education Code sections 220 and 250 to provide civil rights assurances to California Department of Education (CDE) as a condition of receiving state financial assistance. At a minimum, LEAs are to have taken the following steps:
- Adopted a policy that prohibits discrimination and harassment based on the characteristics set forth in the Penal Code Section 422.55 and Education Code Section 220, including the new “electronic bullying” requirements. (Education Code sections 201,234.1 (a) and 48900; California Code of Regulations, Title 5 (5 CCR) sections 4900, 4902, 4960.)
- Adopted and implemented a complaint process to receive, investigate, and resolve allegations of discrimination and harassment. (Education Code sections 234.1(b) and 260; 5 CCR sections 4621 and 4960(a)).
- Identified the person in the LEA responsible for implementation of the discrimination and harassment policy and the person responsible for investigating complaints. (Education Code Section 234.1(g); 5 CCR sections 4621(b) and 4961).
- Distributed information annually to parents and students regarding the discrimination and harassment policies and complaint procedures and how to contact the person responsible for implementation. (Education Code sections 234.1(c), 35291, 48980(a) and (g); 5 CCR sections 4622 and 4960(b)).
- Adopted curriculum and instructional methods and materials, and electronic communication policies that promote a safe environment free of discrimination and harassment. (Education Code sections 233(b)(1); 241; 32261 and).
- Investigated all allegations of discrimination and implemented effective corrective actions whenever necessary and appropriate. (Education Code sections 234.1(e)-(g), 260; 5 CCR sections 4621 and 4962.)
- Posted antidiscrimination and antiharassment policies in all schools and offices, which include staff lounges and student government meeting rooms. (Education Code Section 234.1(d)).
Hateful behavior and harassment of students based on their protected status can have a profound and prolonged adverse effect on the students’ ability to benefit from public education and maximize their potential. The responsibility to protect all students rests primarily with the LEAs under numerous laws set forth above.
Therefore, all LEAs are urged to review their discrimination policies and complaint procedures, and ensure that they are consistent with current laws, adequately disseminated, and fully implemented.
Nondiscrimination In Public Schools brochure (DOC; 106KB; 2pp.) | PDF (40KB; 2pp.)
(Updated 3/2010)
