Quick take
- California requires every district to ban bullying and cyberbullying and to investigate complaints on a timeline under the Safe Place to Learn Act—see Ed. Code §234 and §234.1; StopBullying.gov’s California page summarizes these rules here.
- “Bullying” includes electronic acts created on or off campus (posts, texts, DMs, fake profiles, credible impersonation). See Ed. Code §48900 and the state summary here.
- Students are also protected from bullying tied to protected characteristics by Ed. Code §220.
What schools must do (Seth’s Law + UCP)
Districts must publish how to report, require staff to intervene when safe, and follow a set timeline to investigate and resolve complaints under the Safe Place to Learn Act (§234, §234.1).
Use the Uniform Complaint Procedures (UCP) to report discrimination/harassment/intimidation/bullying: the California Department of Education explains UCP here. Key deadlines: file within 6 months (5 CCR §4630) and the district must issue a written decision within 60 days (5 CCR §4631). If you disagree, you can appeal to CDE (see CDE’s page here).
You may also file a federal civil-rights complaint with the U.S. Department of Education’s Office for Civil Rights—generally within 180 days. File online here (OCR FAQs here).
Cyberbullying & off-campus posts
California law treats many online acts as “bullying,” even when created off-campus, if they meet the statute’s criteria (Ed. Code §48900; StopBullying.gov—California). At the same time, schools must respect student speech rights: Tinker v. Des Moines and Mahanoy Area Sch. Dist. v. B.L. explain when off-campus speech can be disciplined (e.g., when it causes or reasonably predicts a substantial disruption or invades the rights of others).
When bullying crosses into crime
Some behavior is criminal under California law, including stalking (Penal Code §646.9), criminal threats (Penal Code §422), and electronic harassment/doxxing-style conduct (Penal Code §653.2). In urgent situations, families can seek Civil Harassment or School-Violence restraining orders through the courts.
Your step-by-step game plan
- Document everything: screenshots, URLs, dates/times, who saw what, and how school was impacted (missed classes, nurse visits, counseling slips).
- Report in writing to the school/district and request a UCP investigation; ask for interim safety steps. (CDE UCP overview here.)
- Escalate if needed: appeal a district decision to CDE (see details here).
- Consider a federal OCR complaint (file online here; 180-day guideline).
- Call police when there are threats, stalking, or violence (see statutes above).
- Ask about restraining orders if the conduct is severe or ongoing.
Can you bring a civil claim?
Public entities can be liable for employees acting within the scope of work under Gov. Code §815.2—but you must meet Government Claims Act deadlines: many claims must be presented within 6 months (Gov. Code §911.2). Staff also have a duty to maintain order and student safety (Ed. Code §44807).
Extra resources & training
The CDE hosts bullying-prevention resources and training; parents can browse modules and toolkits here and StopBullying.gov’s national law/policy overview here.
FAQ
Is bullying “illegal” in California?
Yes. Schools must prohibit and address bullying and cyberbullying (§234, §234.1, §48900), and some conduct is criminal (PC §646.9, §422, §653.2).
Does off-campus cyberbullying count?
Yes—if it’s an “electronic act” meeting the statute and it affects the school environment (§48900; StopBullying.gov California). Courts still apply Tinker and Mahanoy to student speech.
How long do I have to act?
- UCP: generally 6 months to file (5 CCR §4630); district decision due in 60 days (5 CCR §4631), with a CDE appeal window (see CDE page).
- OCR: 180 days to file (OCR form).
- Government Claims Act (civil claims vs. public entities): 6 months (Gov. Code §911.2).
Need help?
We help families in Chatsworth, Woodland Hills, Porter Ranch, Simi Valley, and Los Angeles navigate school reporting, UCP filings, state appeals, and civil options. Talk to a Chatsworth attorney for a quick plan.
