Bullying at School: What Can a Parent Do to Legally Protect Children Against it?

What Can a Parent Do to Legally Protect Children Against Bullying at School?

Bullying at school is a pervasive issue, affecting children’s mental health, academic performance, and overall well-being. As a parent, ensuring your child’s safety is paramount, and knowing the legal avenues available can be instrumental in combating and preventing bullying. This article outlines practical steps parents can take to legally protect their children from bullying at school.

Understanding Bullying at School and Its Impacts

Bullying can manifest in various forms, including physical, verbal, and cyberbullying. The effects on children can be severe, ranging from anxiety and depression to declining grades and self-esteem issues. Recognizing the signs of bullying early is crucial. These signs might include unexplained injuries, lost belongings, frequent headaches or stomachaches, changes in eating habits, and avoiding social situations.

Legal Frameworks Protecting Children

Understanding the legal frameworks that protect children from bullying is essential for parents seeking to safeguard their children’s rights and well-being. The United States has established several federal laws that provide robust protections against bullying and harassment in educational settings. Here, we delve deeper into three critical federal laws: Title IX of the Education Amendments of 1972, the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973.

Title IX of the Education Amendments of 1972

Overview
Title IX is a landmark federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. The scope of Title IX is broad, covering a wide range of discriminatory practices, including bullying and harassment that are sexual in nature.

Key Provisions

• Sex-Based Discrimination: Title IX addresses all forms of sex-based discrimination, which includes sexual harassment and sexual violence. Schools are required to respond promptly and effectively to such behavior to ensure a safe educational environment.
• Procedural Requirements: Schools must have established procedures for handling complaints of sex-based discrimination. This includes appointing a Title IX Coordinator responsible for overseeing compliance and grievance processes.
• Protective Measures: Schools must take immediate steps to protect students once they become aware of any sex-based harassment or bullying. This includes providing interim measures to ensure the victim’s safety and well-being, such as counseling services, adjustments in class schedules, or providing escorts between classes.
• Retaliation Prohibition: Title IX strictly prohibits retaliation against individuals who file complaints or participate in investigations related to sex-based discrimination.

Enforcement
The Office for Civil Rights (OCR) within the U.S. Department of Education is responsible for enforcing Title IX. Parents and students can file complaints with the OCR if they believe their rights under Title IX have been violated. Schools found to be in non-compliance may face significant penalties, including the potential loss of federal funding.

Individuals with Disabilities Education Act (IDEA)

Overview
IDEA is a federal law ensuring services to children with disabilities throughout the nation. It governs how states and public agencies provide early intervention, special education, and related services to children with disabilities.

Key Provisions

• Free Appropriate Public Education (FAPE): Under IDEA, schools must provide children with disabilities a Free Appropriate Public Education that is tailored to their individual needs. This includes protections against bullying and harassment that impede their ability to learn and participate in school activities.
• Individualized Education Program (IEP): Each child eligible for services under IDEA receives an Individualized Education Program (IEP). The IEP outlines specific educational goals and the services the child will receive. Bullying that impacts the goals outlined in an IEP must be addressed by the school.
• Procedural Safeguards: IDEA includes procedural safeguards to protect the rights of children with disabilities and their parents. These safeguards ensure that parents have a voice in their child’s education and can challenge decisions through due process hearings if necessary.
• Behavioral Interventions: Schools must implement positive behavioral interventions and supports (PBIS) to address and prevent bullying of students with disabilities.

Enforcement
Parents can file complaints with their state education agency or request a due process hearing if they believe their child’s rights under IDEA are being violated. The Office of Special Education Programs (OSEP) within the U.S. Department of Education oversees the implementation of IDEA.

Section 504 of the Rehabilitation Act of 1973

Overview
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funding, including public schools.

Key Provisions

• Non-Discrimination: Section 504 ensures that no qualified individual with a disability is excluded from, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. This includes protection against bullying and harassment based on disability.
• Free Appropriate Public Education (FAPE): Similar to IDEA, Section 504 requires schools to provide FAPE to students with disabilities. This means providing accommodations and services necessary for the student to participate in and benefit from educational programs.
• Section 504 Plan: Students who do not qualify for an IEP under IDEA may still receive protections and accommodations through a Section 504 Plan. This plan outlines the specific accommodations and services the student needs to succeed in school.
• Grievance Procedures: Schools must have procedures in place for handling complaints of disability-based discrimination, including bullying and harassment.

Enforcement
The Office for Civil Rights (OCR) also enforces Section 504. Parents and students can file complaints with the OCR if they believe a school is not complying with Section 504 requirements. Legal action can also be taken to ensure compliance and protect the student’s rights.

Title IX, IDEA, and Section 504 provide comprehensive protections against bullying and harassment in educational settings, ensuring that all students have the right to a safe and supportive learning environment. By understanding these laws, parents can advocate effectively for their children and take appropriate legal action if necessary. If you suspect that your child’s rights under these laws are being violated, consulting with an attorney who specializes in education law can provide further guidance and support.

State Laws: Enhancing Protections Against Bullying

In addition to federal protections, most states in the United States have enacted anti-bullying laws that require schools to implement specific policies and procedures for preventing and responding to bullying. These laws provide additional layers of protection and accountability, ensuring a comprehensive approach to safeguarding students. Here, we will explore the typical components of state anti-bullying laws and provide specific examples from various states to illustrate these provisions.

Key Components of State Anti-Bullying Laws

State anti-bullying laws generally encompass several critical elements designed to create a safe and supportive school environment. These elements include:

1. Clear Definitions of Bullying
2. Reporting and Investigation Procedures
3. Disciplinary Actions for Perpetrators
4. Support Services for Victims

Clear Definitions of Bullying

State laws often mandate that schools establish clear and comprehensive definitions of bullying to ensure consistent identification and reporting. These definitions typically include various forms of bullying, such as physical, verbal, social, and cyberbullying.

Example: New Jersey

• New Jersey’s Anti-Bullying Bill of Rights Act defines bullying as any gesture, written, verbal or physical act, or any electronic communication that is reasonably perceived as being motivated by any actual or perceived characteristic and that takes place on school property, at any school-sponsored function, or on a school bus. The act must substantially disrupt or interfere with the orderly operation of the school or the rights of other students.

Reporting and Investigation Procedures

State laws require schools to establish clear procedures for reporting and investigating bullying incidents. These procedures ensure that complaints are taken seriously, investigated promptly, and resolved fairly.

Example: Massachusetts

• Massachusetts’ Anti-Bullying Law requires schools to have a bullying prevention and intervention plan that includes procedures for students, staff, parents, and others to report bullying. The law mandates that schools investigate all reports promptly and take appropriate disciplinary action when necessary. It also requires schools to notify parents of both the victim and the perpetrator and to implement a strategy for providing counseling or referrals to appropriate services.

Disciplinary Actions for Perpetrators

To deter bullying behavior, state laws often outline specific disciplinary actions that schools can take against perpetrators. These actions range from warnings and counseling to suspension or expulsion, depending on the severity of the behavior.

Example: California

• California’s Safe Place to Learn Act requires schools to adopt policies prohibiting discrimination, harassment, intimidation, and bullying. The law mandates that schools must provide appropriate consequences and remedial actions for students who commit acts of bullying. Disciplinary measures can include suspension or expulsion in cases of severe or repeated bullying.

Support Services for Victims

Recognizing the impact of bullying on victims, state laws typically require schools to offer support services to students who have been bullied. These services can include counseling, academic support, and measures to ensure the victim’s safety and well-being.

Example: Colorado

• Colorado’s Bullying Prevention and Education Grant Program provides funding to schools to implement evidence-based bullying prevention programs. The law encourages schools to offer support services such as counseling and social-emotional learning programs to help victims recover from bullying. Schools are also encouraged to involve parents and community resources in providing support.

Additional Examples of State Anti-Bullying Laws

New York

• The Dignity for All Students Act (DASA) requires schools to provide all students with a safe and supportive environment free from discrimination, harassment, and bullying. DASA mandates that schools appoint a Dignity Act Coordinator to handle bullying incidents and ensure compliance with the law. It also requires annual training for staff on preventing and responding to bullying.

Texas

• Texas’ David’s Law targets cyberbullying by allowing schools to collaborate with law enforcement to address bullying that occurs off-campus and online. The law requires schools to establish procedures for students to anonymously report bullying incidents and mandates that schools notify parents within three business days if their child is a victim or perpetrator of bullying.

Washington

• Washington’s Anti-Bullying Law mandates that each school district adopt a policy and procedure to prohibit harassment, intimidation, and bullying. The law requires districts to designate a primary contact person for bullying issues, provide training for staff, and ensure that victims receive appropriate support services.

State anti-bullying laws play a vital role in creating safe and supportive educational environments for all students. By mandating clear definitions, robust reporting and investigation procedures, appropriate disciplinary actions, and comprehensive support services, these laws ensure that schools are equipped to prevent and address bullying effectively. Understanding the specific provisions of your state’s anti-bullying laws can empower you to advocate for your child’s rights and ensure that schools fulfill their legal obligations to protect students from bullying.

Steps Parents Can Take

1. Document Everything

Maintaining a detailed record of bullying incidents is crucial. Include dates, times, locations, descriptions of the incidents, and any communications with the school. This documentation serves as evidence if legal action becomes necessary.

2. Communicate with the School

Start by reporting the bullying to your child’s teacher, school counselor, or principal. Follow the school’s formal complaint process and ensure all communications are in writing. Request a copy of the school’s anti-bullying policy and familiarize yourself with it.

3. Follow Up

If the school fails to take appropriate action after initial reports of bullying, it is crucial to escalate the matter to higher authorities within the educational system. Follow these steps to ensure the issue is addressed adequately:

Escalate to District Administration

• Contact District Officials: If the school’s response is insufficient, escalate your concerns to the district administration. This can include the superintendent, the school board, or a designated district bullying coordinator.
• Formal Complaint: Submit a formal written complaint detailing the bullying incidents, the school’s response, and any unmet requests for action. Include all documentation, such as emails, reports, and meeting notes.
• Request a Meeting: Schedule a meeting with district officials to discuss your concerns and seek a resolution. Bring all relevant documentation and be prepared to present your case clearly and concisely.

Continue Documenting

• Record Keeping: Maintain a detailed log of all communications and responses from the school and district officials. Include dates, times, individuals involved, and summaries of conversations or actions taken.
• Follow-Up Emails: After any meeting or phone call, send a follow-up email summarizing the discussion and any agreed-upon actions. This creates an official record and helps ensure accountability.

Persistence and Advocacy

• Regular Check-Ins: Regularly check in with the school and district to monitor the progress of your complaint and ensure that promised actions are being implemented.
• Engage Community Support: Seek support from other parents, advocacy groups, or community organizations. Collective advocacy can be more effective in prompting action from school authorities.

4. Request a Safety Plan

For ongoing or severe bullying, it is essential to have a comprehensive safety plan in place to protect your child. Here’s how to request and develop an effective safety plan:

Initiate the Request

• Formal Request: Submit a formal written request to the school administration asking for a safety plan to be developed for your child. Clearly state the reasons for the request and outline the specific issues your child is facing.
• Meeting with School Officials: Request a meeting with school officials, including teachers, counselors, and administrators, to discuss and develop the safety plan.

Components of a Safety Plan

• Increased Supervision: Ensure that your child is closely monitored in areas where bullying has occurred, such as hallways, playgrounds, or the cafeteria.
• Schedule Changes: Request changes in your child’s class schedule to avoid interactions with the bully. This might include altering class timings, changing seating arrangements, or assigning different lunch periods.
• Separation Measures: Implement measures to separate your child from the bully during school hours. This can include changing classroom assignments, modifying transportation arrangements, or ensuring different routes to and from school.
• Safe Zones: Identify safe zones within the school where your child can go if they feel threatened or unsafe. Ensure that these areas are supervised and that staff members are aware of your child’s needs.

Review and Adjust

• Regular Review Meetings: Schedule regular meetings with school officials to review the effectiveness of the safety plan and make necessary adjustments.
• Feedback Loop: Encourage your child to provide feedback on the safety plan and report any new incidents of bullying. Ensure that this feedback is communicated to the school promptly.

5. Know Your Child’s Rights

Understanding your child’s legal rights is essential in advocating effectively for their safety and well-being. Here’s how to familiarize yourself with these protections and seek expert advice when needed:

Federal and State Protections

• Federal Laws: Familiarize yourself with federal laws that protect your child from bullying, such as Title IX, IDEA, and Section 504. These laws provide specific rights and protections, including the right to a safe and nondiscriminatory educational environment.
• State Laws: Research your state’s specific anti-bullying laws and policies. Each state has its own set of regulations and requirements for schools to address bullying. Understanding these can help you hold the school accountable.

Special Education Advocacy

• IDEA and Section 504: If your child has a disability, they are entitled to additional protections under IDEA and Section 504. These laws require schools to prevent and address bullying that interferes with a child’s right to a Free Appropriate Public Education (FAPE).
• IEP and 504 Plans: Work with the school to ensure that your child’s Individualized Education Program (IEP) or Section 504 Plan includes specific measures to prevent and address bullying. This can involve tailored accommodations, behavioral interventions, and support services.

Consulting Experts

• Special Education Advocate: Consider consulting with a special education advocate who can provide expert advice on your child’s rights and help you navigate the school system. Advocates can assist in developing IEPs or 504 Plans and ensure that the school complies with legal requirements.
• Legal Counsel: If necessary, seek legal counsel specializing in education law. An attorney can help you understand your legal options, file complaints with the Office for Civil Rights (OCR), or pursue legal action against the school district for failing to protect your child.

Taking proactive and informed steps to follow up on unresolved bullying issues, requesting a comprehensive safety plan, and understanding your child’s rights under federal and state laws are crucial components in protecting your child from bullying. By maintaining detailed documentation, engaging with school and district officials, and seeking expert advice when needed, you can effectively advocate for your child’s safety and well-being.

4. Request a Safety Plan

For ongoing or severe bullying, request the school develop a safety plan to protect your child. This plan might include increased supervision, changes in class schedules, or measures to separate the bully from the victim.

5. Know Your Child’s Rights

Familiarize yourself with the specific protections afforded under federal and state laws. Consult with a special education advocate if your child has a disability and is protected under IDEA or Section 504.

When to Seek Legal Help

If the school fails to protect your child despite following all steps, it may be time to seek legal counsel. An attorney specializing in education law can help you:

• File complaints with the Office for Civil Rights (OCR) under the U.S. Department of Education for violations of Title IX, Section 504, or other federal laws.
• Pursue legal action against the school district for failing to uphold their duty to provide a safe educational environment.
• Advocate for necessary accommodations and protections for children with disabilities.

Taking action against the bullying child or their parents

Taking action against the bullying child or their parents can be a complex and sensitive issue. While schools primarily handle bullying incidents through their policies and procedures, there are circumstances where parents might need to take additional steps. Here are some avenues for addressing the issue with the bullying child or their parents:

1. Addressing the Issue Through the School

School Disciplinary Actions

• Report to School Authorities: Report the bullying incidents to school authorities, such as the principal, counselor, or designated bullying coordinator. Provide detailed documentation of the incidents.
• Request Disciplinary Action: Ask the school to take appropriate disciplinary action against the bullying child. This can include warnings, detentions, suspensions, or other measures as outlined in the school’s anti-bullying policy.
• Mediation and Conflict Resolution: Some schools offer mediation or conflict resolution programs where a neutral third party helps the children involved resolve their issues. This can sometimes involve the parents of both children.

Parental Involvement

• Parent-Teacher Meetings: Request a meeting involving the parents of the bullying child, facilitated by school officials. This meeting can provide an opportunity to discuss the behavior and seek a resolution collaboratively.
• Behavior Contracts: Schools might implement behavior contracts for the bullying child, outlining specific expectations and consequences. Parents of both children can be involved in monitoring compliance with these contracts.

2. Legal Actions

Civil Litigation

• Personal Injury Claims: If the bullying has resulted in physical or psychological harm to your child, you might consider pursuing a personal injury claim against the bullying child’s parents. This type of lawsuit seeks compensation for damages, including medical expenses, therapy costs, and pain and suffering.
• Small Claims Court: For less severe cases, parents can file a lawsuit in small claims court to seek compensation for specific damages resulting from the bullying.

Protective Orders

• Restraining Orders: In extreme cases where there is a threat of continued harm, parents can seek a restraining order against the bullying child. This legal action requires demonstrating that the bullying poses a serious threat to your child’s safety and well-being.

3. Criminal Actions

Juvenile Justice System

• Police Reports: If the bullying involves criminal behavior, such as physical assault, theft, or cyber harassment, parents can file a police report. Law enforcement may investigate and potentially involve the juvenile justice system.
• Criminal Charges: Depending on the severity of the bullying, the bullying child might face criminal charges. This is more likely in cases involving serious physical harm, significant property damage, or ongoing harassment.

4. Addressing Bullying with the Bullying Child’s Parents

Communication and Collaboration

• Direct Communication: In some cases, it may be appropriate to communicate directly with the parents of the bullying child. This approach requires tact and sensitivity to avoid escalating the situation. The goal is to inform them of the bullying behavior and seek their cooperation in addressing it.
• Parent-Teacher Associations (PTAs): Engage with the PTA to address bullying at a broader level. Collaborative efforts can lead to stronger community awareness and more effective prevention strategies.

5. Preventive Measures and Advocacy

Advocacy and Policy Change

• School Policy Review: Work with school administrators and local education boards to review and strengthen anti-bullying policies. Advocate for comprehensive prevention programs and consistent enforcement of policies.
• Legislative Advocacy: Advocate for stronger state and local anti-bullying laws. Engage with legislators to push for policies that hold parents accountable and provide better protections for victims.

Support Services and Counseling

• Counseling for Victims: Ensure that your child has access to counseling and support services to address the emotional impact of bullying. Schools often provide or can refer you to appropriate services.
• Counseling for Bullies: Encourage the school to offer counseling and behavioral interventions for the bullying child. Addressing underlying issues can be crucial in preventing future bullying behavior.

Taking action against the bullying child or their parents involves a combination of working within the school system, exploring legal options, and engaging in direct communication and advocacy. While schools play a central role in addressing bullying, parents can also take additional steps to protect their child and seek justice. It is important to approach the situation with a focus on resolution and the well-being of all children involved, while also ensuring that appropriate consequences and preventive measures are in place.

Additional Resources

• PACER’s National Bullying Prevention Center: Offers resources and support for parents and children dealing with bullying.
• StopBullying.gov: Provides information on bullying prevention and intervention, as well as legal protections.
• Wrightslaw: Offers extensive information on special education law and advocacy.

Protecting your child from bullying requires vigilance, knowledge of their rights, and proactive engagement with the school system. By understanding the legal frameworks in place and taking systematic steps to address bullying, parents can play a pivotal role in safeguarding their children’s well-being and educational experience. If necessary, don’t hesitate to seek legal assistance to ensure your child’s right to a safe and supportive learning environment is upheld.