The general counsel of the National School Boards Association is warning the U.S. Department of Education that recent federal guidance to schools on bullying and harassment expands the standard of liability for school officials and “will invite misguided litigation.”

“The expansive position on what conduct constitutes ‘harassment’ protected by federal civil rights laws and what remedial measures are legally required will unnecessarily complicate investigations and possibly expose school districts to liability beyond that envisioned by the Supreme Court,” says the Dec. 7 letter from Francisco M. Negron Jr., NSBA’s top lawyer, to Charles P. Rose, the Education Department’s general counsel.

Negron stresses in the letter that the NSBA shares the Education Department’s interest in reducing bullying and harassment in schools. But he cites several concerns about the Oct. 27 “Dear Colleague” letter that went out from Assistant Secretary for Civil Rights Russlynn Ali.

http://blogs.edweek.org/edweek/school_law/2010/12/school_boards_group_questions.html