The Louisiana School Boards Association passed a resolution in unanimous support for the Bullying Prevention Act of 2012, an anti-school bullying bill before the state legislature this session. The bill purports to make schools safer by providing a means for students to directly report instances of violence to school administrators and school board officials.
Almost one third of all students ages 12 to 18 report being bullied in U.S. schools. In the tragic event that bullying leads to serious injury or suicide, the victim or victim’s family may have legal rights under state tort law. Negligence law can be used to hold a school legally responsible for a bullying injury if the school failed to adequately supervise or protect the students. Intentional tort claims can also arise against a school and bully when a student suffers an intentional injury at school.
In addition to state law, Title IX of the Federal Education Amendments of 1972 is a federal law that gives a student the right to sue her school district if the student suffered severe, pervasive, and objectively offensive sexual harassment while at a federally funded school and if the school administrator knew of the harassment and ignored it.
If your child was seriously injured in a bullying incident at school, you should speak with an attorney to learn about your legal rights. For questions, contact Broussard, David & Moroux at 888-337-2323 (toll free) or 337-23-2323 (local).