Commissioner’s Decision
Parents Lose Appeal Over Bullied Student
Ruling: An ISD complied with its valid bullying policy in notifying parents that their child had been bullied. And, even if the ISD had not complied with its policy, the commissioner lacks the authority to require the district to enforce the policy. Parents v. Socorro ISD, No. 039-R10-05-2020. Signed Nov. 23 by Education Commissioner Mike Morath.
Background
The parents of a bullied SISD student appealed to the commissioner on claims that the ISD violated the bullying policy the ISD had adopted to comply with a state law requiring such policies. The parents complained that the policy — requiring the principal or the principal’s designee to notify parents of bullied students within three business days of the incident being reported to school officials — was not detailed enough.
The parents believed that, among other things, they were entitled to written notice instead of leaving it up to the school to determine how the notification was to occur (such as via phone, text, written notice, etc.).
The commissioner concluded that the district’s policy concerning bullying met the requirements in state law in all respects, including the parental notification requirements.
“Adopt” and “Enforce”
The commissioner also cited long standing legal rulings that stipulate that it is only when the Legislature specifically requires a school district to “adopt ” and “enforce” a policy that districts are obligated to enforce a policy that is required to be adopted by state law.
Because the law only requires districts to “adopt” a bullying policy (that meets specified requirements) — and does not specifically require districts to “enforce” the policy — the only recourse the parents have for their belief that SISD was not enforcing the bullying policy would be for them to “campaign to vote the [school] board members out of office,” the commissioner concluded in denying the parents’ appeal.