Albemarle County attorney OKs school policy for students prohibiting harassment based on sexual orientation

As reported here in the Daily Progress, via Virginia Lawyers Weekly, the county attorney in Albemarle County (which surrounds Charlottesville) has concluded that the school board's policy prohibiting student-on-student harassment based on sexual orientation is lawful, notwithstanding Virginia AG Kilgore's opinion that a similar policy applicable to both students and employees was beyond a county's power. I'd say the county attorney is probably correct - or at least there are some cases out there that suggest that failure to protect students from harassment based on sexual orientation can be a denial of equal protection. See Flores v. Morgan Hill Unified School Dist., 324 F.3d 1130 (9th Cir. 2003).