School Climate & Safety

Guidance Says Bullying May Violate Civil Rights

By Christina A. Samuels — November 02, 2010 3 min read
  • Save to favorites
  • Print

Certain types of harassment rooted in sex-role stereotyping or religious differences may be a federal civil rights violation, according to new guidance from the U.S. Department of Education’s office of civil rights aimed at putting school districts on notice about their responsibilities to address bullying.

“Students simply cannot learn if they feel threatened, harassed, or in fear,” Secretary of Education Arne Duncan told reporters last week during a conference call to discuss the guidance, which was written as a 10-page letter to school officials.

Title VI of the Civil Rights Act already prohibits discrimination on the basis of race, color, or national origin; Title IX prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973, as well as the Americans with Disabilities Act, prohibit discrimination based on disability status.

Many districts and schools have anti-bullying and harassment policies that bar harassment on the basis of sexual orientation and religion, said Russlynn H. Ali, the department’s assistant secretary for civil rights, in a briefing in advance of the document’s release.

But even when local agencies do not have such policies, federal law imposes obligations on schools to protect students, she said. For example, harassment of gay, lesbian, bisexual, or transgendered students may be a form of gender-stereotyping and therefore a federal offense, the department said. Federal civil rights law also protects against harassment of members of religious groups “based on shared ethnic characteristics.” Ms. Ali said the department received about 800 complaints in fiscal 2010 alleging harassment, which accounted for about 12 percent of the cases received.

Examples Cited

The department offered examples drawn from actual cases.

In one instance, a gay high school student was harassed because he did not conform to stereotypical notions of how teenage boys are expected to act or appear. Because the student identified as gay and because the harassment was homophobic, the school did not recognize the discrimination as being covered under Title IX.

That response was incorrect, the department said. “It can be sex discrimination if students are harassed either for exhibiting what is perceived as a stereotypical characteristic for their sex, or for failing to conform to stereotypical notions of masculinity or femininity,” the letter said.

With regard to religion, the department cited an example of anti-Semitic harassment in which two 9th graders forced two 7th graders to give them money, saying, “You Jews have all of the money, give us some.” Such behavior is based on the students’ “actual or perceived shared ancestry or ethnic identity as Jews, rather than on the students’ religious practices,” said the letter, and as such is discrimination under Title VI.

Ms. Ali said the guidance is a reiteration of what had come from the Bush administration in 2001 and 2006. “This is not new law,” she said.

However, this is the first time the department has addressed these types of discrimination in the context of current concerns about bullying, she said. Also, “it is certainly the first time the department has made it clear that the gay, lesbian, bisexual, and transgendered community is protected by Title IX if they are bullied or harassed for not conforming to stereotypical gender roles.”

Directions Welcomed

Eliza Byard, the executive director of the Gay, Lesbian and Straight Education Network, an advocacy group based in New York, said she was “struck by the fact that this administration is trying to do the most with what they have” in terms of existing civil rights protections.

“I think we’re coming up against the edge of what’s possible” under current law, she said. Congress should pass laws specifically offering protections to students based on sexual orientation, she said.

Khadija Athman, the national civil rights manager for the Council on American-Islamic Relations in Washington, a Muslim advocacy group, said that the Education Department has reached out to schools before, to remind administrators, for example, that students may wear head scarves as part of their freedom to exercise their religion.

“This is a positive step,” Ms. Athman said.

But Kenneth S. Trump, a school security expert based in Cleveland, said that the Education Department was overreaching and under pressure from gay-rights organizations.

“What are the implications of this when the federal civil rights officials are showing up on your doorstep?” he said.

Recent highly publicized cases of anti-gay, anti-Muslim, and sexual harassment lent some urgency to issuance of the guidance, Ms. Ali said. She said if complaints were received, they would be “vigorously investigated.”

Related Tags:

A version of this article appeared in the November 03, 2010 edition of Education Week as Guidance Says Bullying May Violate Civil Rights

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Profession Webinar
Evaluation Beyond the Checkbox: Turning Ratings Into Teacher Growth
Ratings alone don’t help teachers improve. Join us Nov. 10 to hear what happens after the evaluation: feedback, follow-up, and growth.
Content provided by Frontline Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety Florida Schools Could Struggle to Fund Police Officers After Property Tax Cuts
School leaders expect local police agencies to reduce their contributions after Amendment 3's passage.
Steven Walker, Orlando Sentinel
•
4 min read
Students fold an American flag just before dismissal as law enforcement officers watch over the campus at Edgewater High School in Orlando on Thursday, November 5, 2026 .
Students fold an American flag just before dismissal as law enforcement officers watch over the campus at Edgewater High School in Orlando, Fla., on Thursday, November 5, 2026. Florida public schools worry they'll have to pay more to keep school resource officers on their campuses after a ballot measure passed last week that gradually raises the amount of residential property exempt from property taxes that fund county and city governments.
Stephen M. Dowell/Orlando Sentinel via TNS
School Climate & Safety From Our Research Center Fake AI Images Are Targeting Students and Teachers. Schools Aren't Prepared
New data show that many educators aren't well-versed on the risk of deepfakes.
5 min read
In this photo illustration, a teenager uses her mobile phone to access social media on January 31, 2024 in New York City. Technology executives appeared at a Senate hearing to address accusations that their companies are endangering children's lives by not adequately policing predators and others who seek to harm and exploit young social media users.
In this photo illustration, a teenager uses her mobile phone to access social media on Jan. 31, 2024 in New York City. Experts say schools need specific policies for AI-generated "deepfakes."
Spencer Platt/Getty Images
School Climate & Safety School Lockdowns Are Common, But in Some Kinds of Schools More Than Others
A new study tries to quantify how frequent school lockdowns are, and where they happen most.
4 min read
Law enforcement blocks the entrance to Lexington High School in Lexington, South Carolina on September 17, 2026, during a lockdown as parents and families gathered across the street in the Lowes Foods gas station parking lot.
Law enforcement blocks the entrance to Lexington High School in Lexington, S.C. on Sept. 17, 2026, during a lockdown as parents and families gathered across the street. A new study finds 1 in 5 students have experienced a school lockdown by middle school.
Dwayne McLemore/The State via TNS
School Climate & Safety Opinion Am I Brave Enough to Die for My Students?
An unspoken fear haunts educators in the era of school shootings. It’s time we talk about it.
Bridget Farr
•
4 min read
Illustration of a large silhouette of a teacher and a group of children on the right. A door with a shadowed figure peering through the window is in the left of the frame.
Illustration by Vanessa Solis/Education Week + Canva