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Bullying, Harassment, and Discrimination

Introduction

All students have the right to an education that is free from bullying, harassment, and discrimination. This page provides information and resources related to state and federal laws that protect students from bullying, harassment, and discrimination.

Take Action

  • Report harassment or discrimination to your school or school district.

  • File a complaint with the Colorado Civil Rights Division.

  • File a complaint with the U.S. Department of Education, Office for Civil Rights.

  • File a complaint with the U.S. Department of Justice.

  • Report a safety concern to Safe2Tell.

State laws address harassment and discrimination in K-12 public schools.

  • Colorado Revised Statute Section 22-1-143
     

    • Specifies that “harassment or discrimination” means “to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class.”
       

  • Sets forth a variety of requirements for schools and school districts, including:

    • Adopting and disseminating “a written policy that protects students experiencing harassment or discrimination”

    • Adopting and disseminating “procedures for investigating reports of harassment or discrimination, which must be fair, impartial, and prompt”

    • Providing “training to all employees about harassment and discrimination”

    • Offering “accommodations and supportive measures to a student experiencing harassment or discrimination that are designed to protect the safety of all students and that preserve and restore equal access to education for the student”

    • Collecting and reporting data about formal harassment and discrimination reports

  • Colorado Revised Statute Section 24-34-601

    • Prohibits an “educational institution,” as a place of public accommodation, from discriminating based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry

Federal Laws

Federal civil rights laws that prohibit discrimination include Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973. Under these laws, public schools and school districts must not, in any program or activity, discriminate against students, parents and guardians, employees, and others on the basis of race, color, national origin, sex, or disability.

The U.S. Department of Education's Office for Civil Rights (OCR) is responsible for enforcing laws.  

  • Examples of issues in K-12 public schools that may amount to discrimination under these laws include:
     
    • Unaddressed harassment based on race, color, national origin, sex, disability, or age
    • Discriminatory different treatment based on race, color, national origin, sex, disability, or age
    • Retaliation because an individual exercised their civil rights, opposed discrimination, reported discrimination, or participated in civil rights investigations or proceedings
    • Interfering with the enrollment of students who are immigrants (Title VI)
    • Inadequate identification of, services for, and monitoring of multilingual learners (Title VI)
    • Inadequate translation and interpretation for parents who have limited English proficiency (Title VI)
    • Inequity in athletics (Title IX)
    • Discrimination against pregnant and parenting students (Title IX)
    • Failure to appropriately identify, evaluate, place, and reevaluate students with disabilities (Section 504 and Title II)
    • Denial of a free appropriate public education in the least restrictive environment for students with disabilities (Section 504 and Title II)
    • Inaccessibility of facilities and websites for individuals with disabilities (Section 504 and Title II)

Return to top of page

For current guidance from OCR, visit its policy guidance portal. For additional guidance, including rescinded guidance, this externally-compiled resource offers a comprehensive collection. 

CDE Points of Contact for Discrimination and Harassment

Sex, Sexual Orientation, Gender Identity, and Gender Expression

Rebekah Ottenbreit 
ELD Specialist and Title IX State Coordinator, Office of Culturally and Linguistically Diverse Education
 

Bullying Prevention

Adam Collins
COMTSS Specialist/Statewide Bullying Prevention Manager, Office of Learning Supports

Race, Color, National Origin and Ancestry

Morgan Cox 
Director, Office of Culturally and Linguistically Diverse Education