Anti-bullying laws in schools can impose criminal or civil consequences for bullying. The criminal consequences may be fines as well as any time spent in a juvenile institution for particularly serious cases. Intimidation often involves violations of criminal laws, such as theft or assault, which would result in criminal consequences. Penalties depend on several factors, but especially on the severity of the injuries or property damage. If a school knows or should have known that a child has been bullied and has not responded appropriately, the school may be legally negligent. While there is no legal definition of bullying under federal law, psychiatrists generally define the act as “physical or verbal abuse that is repeated over time and involves an imbalance of power.” The Department of Health and Human Services (HHS) has agreed on a similar definition of bullying in schools: “undesirable and aggressive behavior in school-aged children that involves a real or perceived power imbalance” that is repetitive or represents the possibility of recurrence. Bullying activities do not have to take place during school hours or on school grounds, but these details may interfere with the victim`s legal rights. Physical bullying is a form of physical aggression that involves physical aggression, such as pushing, hitting, hitting, pulling hair, tripping, and hitting with items such as school books. Physical bullying also includes restraining a child, pulling or tearing clothes, and throwing objects or bodily fluids at a child. Yes, the Anti-Bullying Bill of Rights applies to charter schools. If your child attends a charter school, the charter school must meet the same rules and requirements.
If you tell the school that your child is being bullied, you should do so in writing. While it may be wise to notify your child`s teacher, the school has specific procedures for dealing with bullying complaints. You must ensure that you understand the school`s guidelines for responding to and investigating bullying complaints. If you need to file a lawsuit against the school, you must first report your claim to the school, and school policies will specify who you must notify and what information must be included. It is important that you understand this procedure and meet the requirements to avoid losing your right to a school bullying lawsuit against the county. Bullying had been going on at the school for months. Sawyer had reported the other student`s aggressive behavior to school officials, including emails to the counselor asking for help. The same bully had already punched another student in the face. Other warning signs of bullying and abuse in nonverbal children may include: Parents are in a better position to protect their children if they know what they are dealing with.
Bullying is more than “children are children”. Learning the most common tactics used by a bully will help you understand the extent of harm done to your child. The overwhelming effects of bullying at school can be seen in the story of Mallory Grossman, a 12-year-old girl from New Jersey who committed suicide in 2017. Mallory has been tormented by her classmates for months, including texting and social media platforms like Snapchat and Instagram. Her tormentors repeatedly bombarded her phone with derogatory comments, such as the fact that she was a friendless loser. Their bullies even asked, “Why don`t you kill yourself?” Public schools are state and local government entities. Example of bullying denying a child`s FAPE: A dyslexic child has an IEP and receives special reading instructions. Other children start making fun of him because his family has a low income. Bullying shames the child. As a result, he no longer comes to school and does not see the reading specialist.
The child is not bullied because of his dyslexia. But bullying disrupts his FAPE. When victims of bullying try to hold their tormentors, school authorities and parents who do not intervene accountable for the harm they cause, many legal requirements and practical obstacles must be overcome. An experienced bullying attorney at Parker Waichman can skillfully advocate for parents and students across the country who have been harmed by all forms of bullying behavior. Our national law firm is firmly committed to providing the exemplary legal services our clients expect and deserve. While bullying is not new, harassment that was tolerated in the past is no longer acceptable. Bullying often occurs when a child is being bullied and educators or parents do not help the victim or take control and prevent future abuse or mistreatment. While a single perpetrator may be responsible for the offensive behaviour, the harsh and repetitive nature of bullying by multiple perpetrators often leads to serious consequences, up to and including suicide. The bully could also be subject to civil action, especially if the victim was seriously injured or property confiscated. As mentioned earlier, some bullying cases also involve parental responsibility.
Bullying can take many forms and can occur in a number of situations inside and outside the school. From a legal perspective, bullying is defined as verbal, physical or mental acts committed by a student to harass, intimidate or hurt another student. Under New Zealand law, bullying is any gesture, written, verbal or physical act, or electronic communication that is reasonably perceived to be motivated by a real or perceived characteristic, such as: If teasing or conflict between schoolchildren or adolescents meets these criteria, the behaviour may constitute bullying. You can file a civil lawsuit against a school system or school district for negligence or discrimination if you have gathered enough evidence to file a complaint. A lawyer can help you sue a school district for bullying, harassment, or negligence. Reactive bullying occurs when a student falsely presents themselves as a victim when in fact they are the bully. Reactive bullies constantly taunt, tease, push or beat their victims until the victim hits. One approach that is gaining popularity is called positive behavioural interventions and support (PBIS).
PBIS uses many of the above best practices. It focuses on explicitly teaching what good behavior is. This can reduce not only bullying, but also school suspensions. School officials, such as teachers and principals, have a responsibility to maintain a safe atmosphere for their students. When bullying happens on school grounds, many different parties can potentially be held responsible, including: Here`s a breakdown of how the law protects your child from bullying. StopBullying.gov: Information on bullying prevention, developed for parents, schools and children. Under most of these laws, often referred to as tort claims, formal written notice must be served on the public entity, usually the school district, before taking legal action. The time limit varies depending on the law of each jurisdiction, but the notice period can be up to three months. The notice must contain specific information and may need to be served on a specific party to be effective, so it is important to seek advice from an experienced lawyer if you want to protect your right to a legal claim.
