October is National Bullying Prevention Month, and in observance thereof, we offer several reminders for effectively identifying and responding to reports of bullying or harassment.

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First, the terms “bullying” and “harassment” are defined under different policy codes, but the terms can and often do refer to very similar types of conduct. Bullying is defined and otherwise addressed under FFI policy. Harassment is defined under FFH policy and refers to being targeted or being subjected to improper conduct based on characteristics such as race, color, religion, sex, national origin, or disability. If the bullying involves actions targeting a student on the basis of race, color, religion, national origin, sex, or disability, the bullying constitutes “harassment” under FFH policy.

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Second, while there are procedural differences between FFI and FFH in terms of how to respond to bullying and harassment, respectively, there are some common denominators, at least broadly speaking. Both FFI and FFH policies require that employees immediately report bullying or harassment to appropriate District personnel or officials. Both FFI and FFH contemplate an investigation into the alleged incident. Both require providing a notice of outcome.

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Third, all employees should be trained on identifying bullying and harassment and know to whom to report any observed or reported instances of bullying or harassment. Failure to report bullying or harassment could result in District liability exposure. Failure to respond properly also could expose the District to liability in various forms and could have adverse consequences for those employees who fail to take proper action in response to a report of bullying or harassment.

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Fourth, a new provision to Chapter 37 following the recent legislative session seeks to clarify when an ARD committee must review bullying conduct. Chapter 37 requires that the Student Code of Conduct must provide, as appropriate for students at each grade level, methods, including options, for (among other things) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists. Whereas Chapter 37 previously had provided that these methods must provide that a student who is enrolled in special education may not be disciplined for bullying, harassment, or making hit lists until an ARD committee reviews the conduct, Chapter 37 now clarifies that a student may not be disciplined for such conduct in a manner that results in a change in the student’s educational placement until an ARD committee reviews the conduct. This change should serve as a reminder that if a special education student’s placement is to be changed, an ARD committee must review the conduct. It also should serve as notice that if placement is not changed, ARD committee review is not required.

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For a comprehensive review of recommendations for identifying and responding to bullying and harassment, including checklists and templates to help with the response process, please consider attending our live interactive webinar, “The Legal Playbook: Responding to Bullying and Harassment,” on October 30, 2025, which is being offered free of charge in consideration of National Bullying Prevention Month. Registration details may be found here.