New guidelines hit the free speech bullseye but miss the mark on bullying prevention

On May 22, a coalition led by the American Jewish Committee and the Religious Freedom Project/First Amendment Center released Harassment, Bullying, and Free Expression: Guidelines for Free and Safe Public Schools. While we welcome the opportunity to keep the anti-bullying conversation going, this particular entrée has a problem.

It concludes:

Purge sparks three lawsuits in Florida

DOJ and DOE Resolve Harassment Allegations in Minnesota School District, Plus Call to Action on Bullying

In October 2010, the Department of Education Office for Civil Rights issued guidance to address bullying in schools, especially as it relates to federal education anti-discrimination laws. One of those laws, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex. While the language does not specify sexual orientation and gender identity, DOE has made clear that harassment on these grounds, under certain circumstances, violates Title IX.