Bridget Wilson is experienced in pre-litigation and litigating cases involving school bullying.  In fact, they were the trial lawyers on the only published decision in a California State court examining the rights of bullied students under California’s Education Code section 220.  (Donovan and Ramelli v. Poway USD (2008) 167 Cal. App. 4th 567)

Under California law, all pupils have the right to participate fully in the educational process, free from discrimination and harassment.  In fact, California law says that public schools have an affirmative obligation to combat racism, sexism and other forms of bias, and a responsibility to provide equal educational opportunity.

When talking about discrimination, the Education Code says that no person shall be subjected to discrimination on the basis of sex, ethnic group identification, race, national origin, religion, color, mental or physical disability, or sexual orientation.

Federal law also prohibits harassment and discrimination in public schools although the protections are not as broad as they are under California law.  Sex discrimination is forbidden under Title IX but broader protections protect students under the federal equal protection laws.

Under federal law, students are protected from harassment if a student is targeted because of race, ethnicity, disability, sexual orientation, religion and similar classifications and the harassment is intentional conduct relating to the student’s status in the school’s programs or activities, such as conduct depriving a student of access to school resources.

In any case, the conduct must be so severe, pervasive and offensive to a reasonable person of the same protected class that it effectively deprived plaintiffs of equal access to the educational opportunities or benefits provided by the individual school officials.

In addition, the plaintiff must show that individuals had actual knowledge of and were deliberately indifferent to the known acts of harassment targeting the students.

The Dean Law Group, APLC, with its multiple decades of experience, is in position to help you sort out these complex school bullying issues.  Our experienced employment lawyers have had numerous trials, arbitrations and mediations, as well as handled many administrative proceedings.  DLG’s attorneys practice in both Calfornia state and federal courts.