Bullying and School Liability: When School Districts Can Be Held Responsible

School bullying is often considered a “rite of passage” for middle- and high-school students. However, this “rite of passage” has increased drastically over the years and currently affects 22 percent of students in schools throughout the U.S. If your child is the victim of bullying, the school district could be held liable.

Bullying, along with its’ online counterpart “Cyberbullying”, has been the cause of depression, anxiety, and even self-harm among victims. Too often, these situations can be avoided if the student files a report with the school and the school does their legal duty to promptly investigate the situation.

It’s important to remember that bullies aren’t always just other students; teachers, school administrators and coaches can also engage in bullying behavior towards children and should be reported and investigated the same as peer-to-peer bullying. Schools still have a legal obligation to protect students, even from their own faculty and staff.

Negligence and School Bullying

It’s hard to say whether schools are deliberately turning a blind eye to bullying, even though it’s a popular theory. Although a majority of schools have implemented “anti-bullying” or “zero tolerance” policies towards the issue, it’s nearly impossible to completely control it — especially if the incident goes unreported. Sadly, about 64 percent of bullied students do not report it, but more than half of bullying situations are stopped because of peer intervention — a great reason why all schools should implement bullying prevention programs.

California public schools hold a responsibility to protect students from bullying and have an active duty to create a safe environment for all students. When the school is notified of bullying behavior, they must take immediate action to stop the behavior and prevent it from happening again. If the school does not handle the bullying report appropriately, they put themselves in the position for potential liability and legal action.

When Can Schools Be Held Liable?

Although laws regarding bullying and harassment vary from state-to-state, California’s Safe Place to Learn Act states that “It is the policy of the State of California to ensure that all local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying.”

No case is exactly the same — courts take into account various aspects of a case and each one is unique depending on how the situation was initially handled through the school. However, according to the California Education Code, your child’s school puts themselves at risk if they do not follow these steps:

· Adopt a policy prohibiting bullying or harassment

· Adopt a process for receiving and handling reports of bullying

· Appropriately and promptly handle the investigation

· Provide an appeal process for the victim if they disagree with the resolution

What To Do If Your Child Is The Victim Of Bullying

Schools have a legal obligation to protect students from bullying and harassment. When schools breach this duty, they can be held liable for negligence. If your child has been a victim of bullying at his or her school, contact the attorneys at Panish Shea & Boyle, LLP. These attorneys specialize in California school district negligence cases and can help you determine if you have a case. Contact their office at (877) 800–1700 to schedule your free initial consultation appointment.