Frequently Asked Questions About a School’s Liability for Bullying

Parents send their children to school with the understanding that it is a safe, productive space where the child will be able to learn and develop. However, bullying is an unfortunately common occurrence in school, which often results in psychological or physical harm to students. This not only disrupts the learning environment but can cause long-term trauma or injuries to the victim. In these situations, parents may be unsure about the school’s liability and what options are available to them. These are some frequently asked questions about a school’s responsibility and bullying.

Does a School Have a Responsibility To Protect From Bullying?

Yes, schools are responsible for protecting students from harm, including bullying. Schools are required to provide a safe learning environment for all students, so they must take reasonable measures to protect children from physical and psychological harm while on school premises. Although there is no federal law specifically prohibiting bullying, federal law does prohibit discriminatory harassment, which may overlap with certain forms of bullying. Some federal discrimination protections are:

Title IV of the Civil Rights Act prohibits discrimination based on race, color, national origin, sex, religion, disability, or language.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability.
The Age Discrimination Act of 1975 prohibits age discrimination.

Are There Specific Laws That Protect Students From Bullying in School?

Many states have enacted specific anti-bullying laws that require schools to create and enforce anti-bullying policies. For example, Louisiana Revised Statutes § 17:416.13 requires schools to develop and enforce a student code of conduct explicitly prohibiting bullying. It mandates that the code of conduct include definitions of bullying, procedures for reporting and investigating bullying incidents, and the types of disciplinary actions to be taken against perpetrators. It has since been modified by Louisiana H.B. 1259, Act 989, which expands the anti-bullying laws to include cyberbullying among students.

Similarly, Texas passed SB 179, commonly referred to as “David’s Law,” in 2017, implementing strict anti-cyberbullying policies. It requires schools to include cyberbullying in their anti-bullying policies, allows for anonymous reporting of bullying incidents, and mandates timely notification to parents of both victims and perpetrators. It also allows schools to investigate off-campus bullying incidents that affect the school environment and grants courts the ability to issue injunctions against suspected bullies.

Can a School Be Held Liable for Personal Injury Resulting From Bullying?

Yes, schools can be held liable for injuries resulting from bullying. The parents or guardians of a child who was injured at school because of bullying may be able to file a personal injury lawsuit and recover compensation if they can prove that the school’s negligent behavior resulted in the child’s injury. To do this, they must prove that:

The school owed the child a duty of care
The school breached the duty of care by engaging in negligent behavior, such as failing to take reasonable actions to prevent or resolve cases of bullying
The child’s injuries would not have occurred if it were not for the school’s negligence
The injuries resulted in damages, such as medical costs or psychological trauma

What Types of Damages Can Be Claimed in Bullying-Related Personal Injury Cases Against Schools?

Children who suffered from physical or psychological injuries due to bullying may be able to recover compensation from the negligent party. The negligent party may include the school, the family of the perpetrator, or both. Some of the damages that may be available include:

Economic damages: These are easily quantifiable damages with a price tag. Some of the most common are medical costs, such as hospitalization, physical rehabilitation, ambulance costs, prescription medication costs, and more.
Non-economic damages: Some of the worst consequences of bullying are the mental anguish caused by harassment or violence. These intangible damages are known as non-economic damages and can include pain and suffering, anxiety and depression, mental anguish, loss of enjoyment of life, and more.
Punitive damages: These damages are rare, but the court may award punitive damages to the victims in cases of egregious negligence by the responsible parties.

What Are the Most Common Types of Injuries Caused by Bullying?

Bullying can have severe consequences, impacting the physical and psychological health of a student. The most common types of injuries caused by bullying include:

Physical injuries: These can range from minor cuts and bruises to more severe injuries like broken bones, head injuries, neck injuries, burns, and more.
Emotional trauma: Victims of bullying frequently suffer from emotional or psychological trauma, including anxiety, depression, and stress.
Post-traumatic stress disorder (PTSD): Prolonged exposure to bullying can cause PTSD in children, especially after severe injuries.
Suicidal thoughts: Sadly, one of the most severe consequences of bullying can be suicidal ideation or attempts, potentially resulting in a wrongful death.

What Steps Can Parents or Guardians Take if a Child Is Being Bullied at School?

Parents or legal guardians worried about the safety of their children can take the following measures:

Document every incident: Keep a detailed record of all bullying incidents, including dates, times, descriptions, and witnesses.
Report bullying to school officials: Inform the school of the bullying in writing, ensuring there is a formal record of notification.
Request a meeting: A meeting with school officials to discuss the bullying and the school’s response plan can help establish a clear action plan.
Review school policies: Parents and guardians should familiarize themselves with the school’s anti-bullying policy and procedures to ensure compliance.
Follow-up: Regular contact with the school should be maintained to monitor the response to the bullying and any progress made.
Consult with an attorney: If the school’s response is inadequate or the bullying continues, consulting an attorney can help parents and guardians explore legal options.
Seek protective orders: Obtaining an injunction or protective order against the bully might be possible, depending on the state.
Consider alternative schooling options: If the situation does not improve, other schooling options should be explored to ensure the child’s safety and well-being.

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