By Michelle Ball, California Education Attorney for Students since 1995
Per California Education Code section 48900(r), students who bully can be removed from school. Bullying is defined generally as:
[A]ny severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or can be reasonably predicted to have the effect of one ore more of the following [on a "reasonable pupil"]:
1) Places the student in fear of harm (for themselves or their property).
2) Has a "substantially detrimental effect" to the student's physical or mental health.
3) Causes substantial interference with the student's academic performance.
4) Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school. [information summarized not quoted]
When implemented, the legislature did attempt to limit the application of this statute to require "substantial" interference in three out of four of the categories. However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" to a reasonable student might be.
The overbroadness of this statute means that practically anything can come under the "bullying" heading as many things kids do could put almost anyone "in fear of harm."
The many ways actual and perceived bullying can manifest in school would be a good topic to go over with kids, so they can avoid a suspension or expulsion, as well as report bullying if seen to start the mandated investigation of process so they can help prevent it. If you find your child being punished for "bullying," don't fear: with a thorough review of the legal codes and evidence, you just may show no bullying actually occurred.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Email:help@edlaw4students.com
Fax: 916-444-1209
Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.
Originally published on August 27, 2012, updated July 15, 2020
0 comments:
Post a Comment