When Inclusiveness is Denied in School

Racial and socioeconomic disparities in education remain a concern on a national and on a local level. With the 2012 decision in McCleary v. State of Washington, the Washington Supreme Court clarified that the Washington State Constitution declares that every Washington child has a right to receive an education; and yet, school funding inequalities and discipline disparities disproportionately affect marginalized students.

When a child can’t go to school because they are bullied, or because they are made to feel unwelcome or unwanted because of who they are, the school has failed to provide them with their Constitutionally guaranteed education. Furthermore, schools are liable to students for that failure when the school knew or should have known that the student was being harassed, intimidated, or bullied because of who they are. Whether the school learns of the bullying from the student, from a parent, or from a staff member, when the school is on notice that the bullying is happening, they must take steps to provide a safe learning environment.