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What are parents rights when dealing with a school bully?

Pomona, CA |

My child was being picked on by a school bully using violence and racial epithets. This had been going on for two years. I wrote letters, talked to the staff, etc.

After the last event, I went to school and chewed out the principal and assistant principal on the playground. I told them I hold them personally responsible for my child's safety and I would be back to talk to them if he came home hurt or disrespected again.

I sent an email demanding action. No response on the bullying was ever issued.

Now I have a letter from the district informing me that I am no longer allowed on campus because I was "aggressive". If I do go to school a restraining order will be issued against me.

What are my rights/options? I want to be able to keep my kids at their school if possible.

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Attorney answers 2


Bullying such as this is a serious problem. You should reconsider staying at that school. You can make an internal complaint at the District level against the principal and assistant principal for their inaction. You can also file a government tort action against the District and the responsible employees, if the last event complained of is within 6 months, that being your time limit or statute of limitations. You can also file a lawsuit against the parents of the bully, if they were on notice of his bad behavior and still allowed it to continue.


There are a number of issues.

Have you considered calling a meeting with the Principal and SRO (Student Resource Officer). If there has been violence (physical? hitting? pictures of bruises?) than involving the SRO might be a quick way to escalate the situation.

Have you considered filing a complaint? The school district has a duty to provide a safe environment. Please, see attached links.

In addition to having a lawyer pursue the bullying situation, it is important to address the "aggressive" label which is now preventing you from having a meaningful voice in the education of your child. When did this playground conversation occur?

While I am an attorney and I practice in the area of special education the answers that I provide in this forum should not (should never) be construed as "legal advice." If you wish to receive "legal advice" I suggest that you contact me at The Law Office of Janina Botchis. Website: Email: Free Consultation: (818)253-9444 Blog:

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