Do schools have a legal duty to stop racial harassment of students by other students?
A. Yes. Schools must take steps to end harassment that creates a “racially hostile environment.” A racially hostile environment exists where harassment is severe or frequent or widespread enough to limit a child’s taking part in school life. Harassment may be verbal, physical or written (for example, racist graffiti). A school that tolerates a racially hostile environment violates Title VI of the Civil Rights Act of 1964. Once a school has reason to know that a hostile environment exists, it must take reasonable steps to end it. The school must also take steps to prevent harassment in the future and to make sure that the children who were harassed can enjoy all of the benefits of being in school.
