My daughter has been bullied for the last 3 years. Since she was in preschool and now she is in 1st grade. I have called the school and reported it, and they have done nothing. I have even made police report when my daughters life and her families lives were threatened and she was beat up when she was in kindergarten and the girls were in 4th grade. I have called the state board of education and no one will help me. My daughter needs help, and she does not deserve this. The school should be providing a safe environment.
Child Support Lawyer
You should consult with a local education law attorney immediately.
All of Ms. Riley's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Riley is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Obtain the school's written policy on bullying. They are obligated to follow it, but if their investigation does not turn up anything actionable in their opinion, they are not obligated to act further. I know you already complained to the school--but I'm saying get their policy and make sure they followed it.
Hire a lawyer to send a legal letter to this other kid's parents. As long as he/she is a minor, they will be liable for everything he/she does as long as they know, or should know, he/she has this propensity---the letter will officially put them on notice. You can sue the parents for everything their child does.
You should hire an Educational Rights attorney to deal with the school if you don't think they followed their bullying policy and to make the school take action--the Educational Rights attorney will protect your son's rights at school. The school can't ignore the attorney. Use the "find a lawyer" tool on Avvo.
You should also call the cops every single time your daughter is threatened. If you can show the court a course and pattern of harmful conduct, you may be able to get a restraining order. Schools tend to be afraid of that because then they have to monitor and keep them apart. You can hire a personal injury attorney to sue the parents for injuries to your child. You can sue them yourself in small claims court (in many states, small claims court can only award money, it can not issue orders restraining behavior).
Suing a governmental entity such as the school board is very difficult, with many hoops to jump through, and without actual monetary damages to collect, very few lawyers will be willing to take the case. If you took the above steps and they still did not take action, you'd have a better case. Often times, doing all the above will take care of the problem without the need to sue the school.
We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.