Hector F. v. El Centro Elementary School District

By way of its enactment of a scheme of interrelated statutes, the Legislature has imposed on public schools in California an affirmative duty to protect public school students from discrimination and harassment engendered by race, gender, sexual orientation or disability. (See Gov. Code, § 11135; Ed. Code §§ 201, 220, 32261, 32280, 32281, 32282.) In particular, Education Code section 32282 requires that public schools develop and implement comprehensive school safety plans which include a discrimination and harassment policy. (Ed. Code, § 32282, subd. (a)(2)(E).) The Legislature has encouraged schools to include in their safety plans, “to the extent that resources are available, . . . policies and procedures aimed at the prevention of bullying.” (Ed. Code, § 32282, subd. (f).)

Appellant Hector E is the father of three children. While Hector’s oldest son, Brian, was a student at King Elementary School (King) and Kennedy Middle School (Kennedy), in El Centro, Brian was diagnosed with a number of emotional disabilities. Although an individualized education plan was developed for Brian, according to Hector’s petition for a writ of mandate, Brian was subjected to physical and…