When School Bullying Becomes a Legal Matter

Children can be cruel. Very cruel. And sadly, this cruelty often plays out in school. In a lot of these cases, kids who are bigger, stronger, or more popular than their peers target vulnerable classmates. Sometimes the torment is verbal. Sometimes it becomes physical. In extreme cases, when bullying is relentless and the victim either internalizes their emotional turmoil or pleas for help seemingly go unheeded, the outcome is sometimes tragic.

For parents, the question then becomes what can be done about it? Can you sue a school or school district if your child is bullied? In this article, we will not only answer those questions, but also delve into other aspects of school bullying.

Defining School Bullying

Let’s begin by defining school bullying.

This is a broad term used to describe any repeated pattern of hostile conduct that one or more students direct towards another student. A student or students deliberately engage in this conduct in order to a intimidate, scare, threaten or otherwise harm another student. Accordingly, school bullying pertains to both acts of physical violence and verbal harassment. Here are just a few examples:

• Using threats or force to take something that rightfully belongs to a classmate.
• Physically isolating and cornering another student to harass or threaten the victim.
• Using threats or force against a classmate for academic gain.
• Spreading rumors about or berating another student based on actual or perceived “differences” in person and/or online.
• Beating up another student.

In this context, it is important to note that all 50 states legally define school bullying in relevant laws.

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Effects Of School Bullying On Victims

Kids who get bullied in school don’t always tell their parents or teachers what is happening. But there are clues.

Victims who are usually good students may suddenly start getting poor grades, for example. They may come home with visible injuries and/or damaged belongings and vague explanations about what happened. Children who once enjoyed school may start to avoid it, or related activities. As a parent you may notice that your child is having a hard time concentrating or sleeping. There may be evidence of anxiety, such as complaints of headaches, stomachaches or other maladies. Victims may also neglect their physical appearance and/or personal hygiene. In some cases, there may even be evidence of self-harm, such as cutting.

Parents who suspect their child is being bullied are encouraged to contact his or her teacher(s) or school administrators. Depending on the circumstances, taking additional steps, such as meeting directly with school authorities and other parents with similar concerns may also be helpful.

When you are thinking about what to do, keep in mind that schools are legally and morally obligated to keep your children free from harm. This obligation is called a duty of care, and it applies because – technically speaking – schools act “in loco parentis.” Or to put it simply, they take on some parental responsibilities during school hours.

Among other things, this duty of care mandates that schools create and employ efficient policies to address bullying. It also mandates that schools provide adequate training so staff can identify and respond to bullying behavior.

Taking Legal Action When Your Child Has Been Bullied

Ideally, taking the actions detailed above will prompt school officials to act in a manner befitting the seriousness of the situation. Knowing school officials have intervened in an appropriate manner, you can turn your attention to helping your son or daughter get the help they need to recover from the trauma they have experienced.

But what if school officials don’t take the matter seriously? What if they don’t address your concerns or say nothing can be done? What if the bullies double down and make your child’s life even more miserable after teachers or school administrators intervene? What if, in a worst case scenario, your child is so desperate that he or she ends his or her life? Do you have any options for legal recourse?

The answers vary depending on the unique circumstances of each situation. Federal laws address school bullying when it can be classified as discrimination. In other words, these laws apply when the bully or bullies target a student based strictly on his or her race, gender, religion or any other protected characteristic.

As we have also noted, all 50 states also have laws pertaining to school bullying. You may have a viable case against the school or school district if there is enough evidence to demonstrate that the school or school district has breached its duty of care by failing to identify the bullying behavior; and/or failing to do anything about the bullying when teachers or administrators knew or should have known that it was happening. But that’s not all. There must also be sufficient evidence to prove that the school’s failure to identify or react to the bullying caused your child’s physical or emotional injuries.

There are also some situations in which you may be able to sue the parents of the student or students who bullied your child. This is the adults may be held accountable for their children’s actions in accordance with parental responsibility laws in some states. In this context, it is important to note that these laws only apply to children between specific ages, and vary from state to state.

To learn more about your legal options if your child has suffered serious physical or emotional injuries due to school bullying, contact Van Law Firm to schedule a free consultation today.