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Free training on bullying intervention could be available by this summer.


Meanwhile, the impetus


of the driver training being offered by the Office of Safe and Drug-Free Schools and NAPT for school bus driv- ers comes down to enabling schools and school employ- ees to do everything in their power to respond to bully- ing incidents. Secretary of Education Duncan echoed this sentiment in his letter


in December. Te National School Boards Association said the administration was going too far. Te Supreme Court ruled in the 1995 case Veronia School Dis-


trict 47J v. Acton that schools have a “custodial and tutelary” power of supervision over students and again in 1999 in Davis v. Mon- roe County Board of Education, a case involving private damages and school liability, that schools have a “comprehensive author- ity” to protect students and control conduct. Still, NSBA said the Department of Education was overstepping its bounds in advising all school districts to do everything in their power to respond to, report, investigate and stop bullying incidents. But OCR in 2001 published guidance stating that sexual ha-


rassment of a student by another student is “sufficiently serious to deny or limit the student’s ability to participate in or benefit from the program, and if the school knows or reasonably should know about the harassment, the school is responsible for taking immediate effective action to eliminate the hostile environment and prevent its recurrence.” “Instead, we should use the laws that we have, especially those


under federal civil rights laws — the ones that require schools to provide a safe and equitable learning environment for all stu- dents,” said Stein. “It is neither up to parents to provide a safe learning environment nor is it up to the students to create a safe and equitable learning environment. It is up to the school district and personnel to establish and maintain and transmit the safe and equitable learning environment.” On March 10, the U.S. House and Senate introduced a bill


to protect students from discrimination, including harass- ment based on actual or perceived sexual orientation or gender identity in response to Seth Walsh’s suicide. Te Student Non- Discriminatory Act is backed by the ACLU. And, according to Jennings, this extends to school bus driver training. “In order for students to achieve, schools must provide safe and


supportive learning environments,” he said. “We are committed to supporting state efforts to foster a safe learning environment that promotes success for our nation’s youth because we know that, without it, the safety, well-being, and future potential of our young people is at risk.” ■


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