The Federalist Society has published a new article by Kenneth L. Marcus on the Obama Administration's campaign against bullying in the public schools. The article examines the controversy surrounding the "administrative core of the campaign," a new bullying policy announced in a "Dear Colleague" guidance letter from the U.S. Department of Education's Office for Civil Rights (OCR) on Oct. 26, 2010.
According to Marcus:
As a substantive matter, two things must be said about OCR's new bullying policy. First, it is neither new nor a bullying policy. Rather, it is a repackaging of longstanding OCR interpretations of harassment law ... Second, it is neither a straightforward application of federal anti-discrimination statutes, nor a faithful application of judicial case law. Instead, it provides OCR's distinctive and controversial interpretation of its civil rights statutes, deviating in significiant ways from the courts' precedents.
Click here for the pdf of the article, "Bullying as a Civil Rights Violation: The U.S. Department of Education's Approach to Harassment," forthcoming in the August 2011 issue of Engage: The Journal of the Federalist Society Practice Groups.