When Can Parents Sue a School for Bullying?

Bullying in school has become a major problem in the US for both elementary and secondary
level students. Unchecked, bullying can lead to serious negative consequences in a child’s
physical and psychological health. Too often, school personnel turns a blind eye when they
receive complaints of bullying by a witness or from the bullied student. If your child is being
bullied, you may wonder if you have the right to file a lawsuit against the school. In short, your
child’s school is liable for the bullying in some situations.

In what circumstances are schools liable for bullying?

Independent school districts are liable for the actions of their students, teachers, and auxiliary
staff and, in the United States, all schools are required to have anti-bullying policies to keep
students safe. However, a school district may become liable if the bullying if it happened under
one of

• The school district failed to properly protect its students against bullying
• Staff at the individual school is aware of the bullying and failed to address and stop it
• The bullying began due to a school staff member’s action or comment

Additionally, if the school receives federal funding and the nature of the bullying violated federal
regulations, you are eligible to sue the school. For instance, bullying involving racial
discrimination violates Title VI of the federal Civil Rights Act. Bullying that occurs because you
child has a disability, violates the Americans with Disabilities Act. If the bullying involves sexual
harassment or sex discrimination, the school is liable for violating Title IX, which protects
students against this while at school. Of course, each individual case comes with the burden of
proof. Contact an experienced bullying attorney, such as Kathryn Burmeister of Burmeister Law
Firm. She will listen to the details and determine if the school is liable for the bullying incidents.

Keep in mind, that if the bully is 14 years of age or younger, he or she cannot be held liable for
the action of bullying. But if teachers, principals or auxiliary staff neglected their duty to protect
your child from harm, the school liability insurance policy typically covers them. This means that
the policy would pay for any financial compensation and damages awarded by the court to your
family.

Bullying cases can be complex, but it’s important that those responsible are held accountable
for their actions, or inaction. Bullying lawyer Kathryn Burmeister can help you navigate through
these complexities. If your child is the victim of bullying, whether that involves name-calling,
and constant teasing, sexual assault, racial discrimination, or any other kind of aggression,
please contact Burmeister Law Firm now. Your first consultation is free and comes with
absolutely no obligation. Your child deserves help, the aggressors and others deserve to be
held accountable. Attorney Kathryn Burmeister will fight for your child and family.