Education Law Publications

The firm publishes a monthly "Issue of the Month" on current issues or matters of interest in the education law area.

If you want more information about our education law practice or a copy of any of our articles, contact David Duff at dduff@ddtwb.com

SCHOOL LAW
"ISSUE OF THE MONTH"
August 2006

THE SAFE SCHOOLS CLIMATE ACT:
South Carolina Grabs the “Bully” By the Horns

Do you remember a time, perhaps back in grade school, when you were bullied by another student?  Chances are it happened to you, and while the memory may be decades old, it may still be vivid in your mind.  At some point, almost all children will experience an incident in which they are called a name, taunted, physically injured, or made to feel uncomfortable or unwelcome around their peers at school by a bully.  It is a parent’s worst nightmare for his or her child to come home shaken and scared from such an experience.  Unfortunately, many children who are bullied are unnecessarily ashamed and embarrassed at what is happening to them and therefore remain silent. To ensure a safe and civil school environment where all students may learn and achieve high academic standards, last term the South Carolina General Assembly passed the “Safe Schools Climate Act,” which went into effect on June 12, 2006.

The Safe Schools Climate Act prohibits harassment, intimidation, and bullying in schools.  The Act also prohibits reprisal or retaliation against a victim, witness, or someone with reliable information about such behavior.  Prohibited conduct includes gestures, electronic communications, and written, verbal, physical or sexual acts that someone would reasonably believe insult, demean or harm a student physically or emotionally.  Bullies not only may be punished for classroom conduct, but also may be punished for bullying on school grounds, on a school bus, at a bus stop, at a school event away from school premises, or at any other function in which the school is responsible for the child.

The purpose of the new legislation is to protect the health and welfare of school children in South Carolina and to improve their learning environment.  Harassment, intimidation, and bullying not only disrupt a student’s ability to learn, but also interfere with a school’s ability to educate its students in an environment conducive to learning.  The General Assembly noted that because students learn by example, school administrators, faculty, staff, and volunteers should refuse to tolerate bullying behaviors and model appropriate behavior by treating others with civility and respect.  As most parents realize, even when children are headstrong, they are closely watching and being shaped by the behavior of adults around them.

To make the implementation of the Safe Schools Climate Act successful in schools across the state, the Act requires each school district to adopt a policy, on or before January 1, 2007, prohibiting harassment, intimidation or bullying at school.  Parents, guardians, school employees, volunteers, students, administrators, and community representatives all are to be included in the process of policy development.  The Act contains detailed components that each district’s policy must include.  To ensure uniformity and smooth operation of policy development, the Act requires the State Board of Education to draft model policies for kindergarten through twelfth grades and teacher preparation program standards on the identification and prevention of bullying, no later than September 1, 2006.

The South Carolina Department of Education receives federal funding through the “Safe and Drug-Free Schools and Communities Act” for training and technical assistance in implementing effective programs and curricula in the areas of drug and violence prevention.  The Department is currently working on the model policy required by the Safe Schools Climate Act for all school districts to use in complying with the new legislation.

Unfortunately, concerned parents whose children have been bullied by other students sometimes initiate lawsuits against districts, alleging that the harm suffered by their children could have been prevented or mitigated if the school had taken further preventative action.  Courts typically are deferential to school officials’ decisions in handling student-initiated violence and bullying, provided that those officials have followed the district’s established policies and procedures.  Ultimately, courts will not hold school districts liable unless they find that school officials were “deliberately indifferent” to bullying and that the harassment was so severe that it effectively barred the student victim’s access to an educational opportunity or benefit.  A well-drafted policy regarding bullying, and education of teachers and administrators as to how to best handle student bullying or violence, should assure that school districts are protected should a suit be initiated.

While school bullying may be a painful memory for some of us, it does not have to be that way for today’s schoolchildren.  By adopting and implementing policies to prevent student harassment and bullying, districts ensure that children will feel safe in their environment and ultimately will perform better in the classroom.  Districts should anticipate the publication of model policies developed by the Department of Education in the coming weeks and should thereafter adopt new policies or amend existing ones to conform to state law.  For questions or assistance with this or any other matter, please contact Duff & White, LLC at 1.800.639.1677.

Past Issues of the Month may be accessed at www.ddtwb.com.