Model Anti-Bullying Policy

Model Policy for Identity-Based Bullying

Community Members and Families Want More Tools to Address the Rise of Identity-Based Bullying in Schools

Lawyers for Civil Rights (LCR) released a key tool to combat identity-based bullying in K-12 schools across Massachusetts. Hate crimes and reports of identity-based bullying are on the rise nationally, with many high profile incidents across the Commonwealth from a mock slave auction in Southwick to a destroyed LGBTQ+ Pride display in Burlington. From swastikas being drawn in bathrooms, walls, sports fields, and roadways, to students being called terrorists, these alarming incidents exacerbate youth mental health issues. Schools should be responding in a timely and appropriate manner. 

State and federal law requires schools to have policies that address bullying and harassment generally, but many districts lack guidelines on how to respond to identity-based incidents, such as racial bullying, within their schools. This Model Anti-Bullying Policy (“Model Policy”) provides a framework to address this gap that is leaving behind students who experience identity-based bullying and harassment. LCR is urging schools and districts to adopt and implement the Model Policy as a tool to address identity-based bullying with a mixture of educational and restorative approaches to better educate our future generations. 

The Model Policy reflects youth voices and perspectives. LCR received extensive advice and feedback through focus group discussions organized with students affiliated with the Metropolitan Council for Educational Opportunity (METCO) and the Margarita Muñiz Academy. 

LCR’s Model Policy provides:

• A clear overview of the federal and state legal requirements of schools in responding to incidents of identity-based bullying.
• A definition of bullying and harassment, specific to identity-based conduct.
• Factors that schools should consider when assessing their response to identity-based bullying, such as age; disability; first-time or repeat offenders; language barriers; current events and more.
• Guidance to schools on how they can approach discipline through an educational and restorative lens, incorporating some traditional methods of discipline when appropriate. 

To respond to identity-based bullying and harassment most effectively, schools should have clear policies and procedures in place. However, existing policies for bullying and harassment often do not go far enough. Implementation of specific identity-based policies and procedures to supplement a school’s existing anti-bullying plan equips schools to address bullying and harassment and foster a sense of belonging. 

“In the current climate, we are seeing the marginalization of students across identities and communities. We want to make sure students are supported and that they have access to meaningful legal resources. LCR has a long history of fighting for youth, and this tool is one more way that we can support students, and the schools that serve them, with structural remedies to discrimination,” said Iván Espinoza-Madrigal, Executive Director of LCR. 

“Schools are legally required to ensure equal access to education,” noted Alexis Rickmers, the Equal Justice Works Fellow at Lawyers for Civil Rights. “Students of color, immigrants, and other marginalized groups cannot thrive in an educational environment where identity-based bullying is left unchecked. Schools must be proactive to deter the rise in identity-based bullying across the Commonwealth.”  

The Model Policy is designed as a guide for schools to address incidents of identity-based bullying and harassment and that it fosters trust amongst their school communities.  

This Model Policy was a collaborative effort, spearheaded by Alexis Rickmers, Equal Justice Works Fellow at LCR.  Alexis’s fellowship is generously sponsored by Biogen and Finnegan, Henderson, Farabow, Garrett & Dunner LLP.

LCR is grateful to the law firm of WilmerHale for providing pro bono legal support and thought partnership on this project. 

Click here to download the policy.