Bullying and Discrimination in School: Can the District Be Held Liable?

Bullying and discrimination in schools are significant issues that can have severe and lasting effects on students. When these incidents occur, parents and guardians often question whether the school district can be held liable for the harm their children have endured. The answer to this question depends on several factors, including the nature of the bullying or discrimination, the school district’s response, and applicable laws. At The Harr Law Firm, we have ample experience in this area, including handling a class-action lawsuit that gained national attention. Here’s what you need to know about the liability of your child’s school in cases of bullying and discrimination.

Legal Framework: Title IX and Title VI

In the United States, two key federal laws address bullying and discrimination in schools: Title IX and Title VI. Title IX prohibits discrimination based on sex in any education program or activity receiving federal financial assistance. Title VI prohibits discrimination based on race, color, or national origin in programs and activities receiving federal financial assistance.

If a school district is found to have violated these laws by failing to address bullying or discrimination adequately, it may be held liable. The Office for Civil Rights (OCR) within the U.S. Department of Education enforces these laws and investigates complaints of discrimination.

When Can a School District Be Held Liable?

A school district can be held liable for bullying or discrimination if it can be proven that the district was deliberately indifferent to the harassment. This means that the school district knew about the bullying or discrimination and failed to take appropriate action to stop it. Several factors are considered when determining liability:

1. Knowledge: The school must have known about the bullying or discrimination, either through reports from students, parents, or staff or because it was obvious.
2. Response: The school’s response to the bullying or discrimination must be examined. If the school took no action or its actions were inadequate, this could support a claim of liability.
3. Severity and Pervasiveness: The bullying or discrimination must be severe, pervasive, and objectively offensive, meaning that it significantly interferes with the student’s education and creates an abusive environment.
4. Causation: There must be a link between the school district’s inaction and the harm suffered by the student.

Examples of School District Liability

Several court cases illustrate situations where school districts have been held liable for failing to address bullying or discrimination. For example, in Davis v. Monroe County Board of Education, the U.S. Supreme Court held that a school district could be liable under Title IX if it was deliberately indifferent to student-on-student harassment that was so severe that it effectively barred the victim’s access to an educational opportunity or benefit.

In another case, Zeno v. Pine Plains Central School District, a school district was found liable under Title VI for failing to adequately respond to years of racial harassment against a student. The court determined that the district’s inadequate response contributed to the hostile environment, making it liable for damages.

The Harr Law Firm’s recent school discrimination case, Powell v. School Board of Volusia County, involved discrimination against autistic students, with the school district abusing Florida’s “Baker Act” low to unnecessarily remove autistic children from their classrooms and failing to properly train staff to handle behaviors related to students’ autism. Teachers even went so far as to call law enforcement on the student for displaying common behaviors associated with his disability. During the course of investigation, the U.S. Department of Justice found that the school district had failed to comply with federal disability laws in the treatment of autistic students in their school district. In this case, the discrimination in question came directly from the district itself, making them liable for the mistreatment of autistic students.

Steps to Take If Your Child Is a Victim

If your child has been a victim of bullying or discrimination, it’s crucial to take the following steps:

• Document the Incidents: Keep detailed records of all incidents of bullying or discrimination, including dates, times, and individuals involved.
• Report the Issue: Inform the school administration and request a meeting to discuss the issue. Ensure that your concerns are put in writing.
• Follow Up: Monitor the school’s response and document any actions they take. If the school fails to address the issue, consider filing a complaint with the OCR or seeking legal advice.

Bullying and discrimination in schools are serious issues that can have profound effects on a student’s well-being and academic success. While holding a school district liable can be challenging, it is possible under certain circumstances. If a school district is aware of the problem and fails to take appropriate action, it may be held legally responsible for the harm caused to the student. Parents and guardians should remain vigilant and proactive in addressing these issues to ensure their children’s rights are protected. If you believe that your school district should be held liable for the bullying and harassment your child has experienced, contact The Harr Law Firm today. We’ll put our experience to work for you and ensure that your child receives the protection and opportunities that they deserve in school.