Q: There’s more attention now paid to bullying at schools, but what does the behavior have to consist of for something to be done? Does it include a student saying bad things to another on the Internet? — L.M., Manhattan Beach

A: California has enacted anti-bullying laws, such as California Education Code Section 234-234.5, known as the Safe Place to Learn Act. Bullying involves acts of discrimination, harassment and/or intimidation. This can take the form of teasing or physical attacking. It involves an actual or perceived imbalance of power, which could mean hitting and kicking, or taunting and name-calling. It may involve sexual harassment and hate violence, and include acts carried out personally, or by means of an electronic device (i.e., cyber bullying). An excellent question-and-answer resource about schools and bullying can be found online at the California Department of Education: www.cde.ca.gov/ls/ss/se/bullyfaq.asp.

Q:  Can a bully be kicked out of school? — H.L., Rancho Palos Verdes

A: If the school superintendent or school principal finds that a student has engaged in certain prohibited conduct, then that individual may indeed be suspended, or recommended for expulsion, under California Education Code Section 48900-48900.2. Prohibited behavior includes causing or threatening physical injury, committing an obscene act and/or harassing and intimidating a student. The conduct by the pupil for which he or she may be suspended or expelled can occur while on school grounds, while going to or from school, during lunch (whether on or off campus), and during or even while going to or from a school-sponsored activity.

Q: In terms of bullying of a gay or lesbian student at school, what’s the law now?— V.K., Long Beach

A:  In July 2012, the California Legislature expanded the Safe Place to Learn Act (referenced in first question above). Known as “Seth’s Law,” it was named after a 13-year-old California student who committed suicide after he was bullied at school. Specifically, public schools are required to adopt policies aimed at protecting students who are the subject of harassment and unlawful discrimination. The scope of the Safe Place to Learn Act was broadened to include complaints against unlawful intimidation and bullying related to a variety of factors, including actual or perceived characteristics such as gender, ethnic group identification, color, disability, sexual orientation, or a person’s association with another person.

One final note

There’s quite a bit of literature available, including online, about bullying at school. Concerns remain that not enough is being done. Clearly, it is important for a student who is being bullied to let adults know — at school and/or at home. Parents should listen carefully, and step forward with school officials, if need be.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.