News & Analysis as of

When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools. Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the...more

School Districts: New York Supreme Court Holds That Public School District May Be Liable For Alleged Bullying Of Private School...

On May 14, 2014, in J.G.S. v. Bellmore-Merrick Central High School District, the New York State Supreme Court in Nassau County held that the parents of a minor student could proceed with their lawsuit against the school...more

New Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents

In New Jersey, can school districts defending a bullying case seek contribution from the students accused of bullying and their parents? Yes, said a recent New Jersey Superior court decision in V.B. a Minor by his Parent and...more

Streamlining Your Student Bullying, Intimidation, Harassment, And Violence Reporting And Investigation Policies

As we notified you earlier this school year in a FR Alert, the recently enacted Erin’s Law requires all school districts in Illinois enrolling students in grades seven through twelve to have a policy on teen dating violence....more

Court Finds Board Of Education And District Employees Immune From Liability For Claims Related To District’s Response To Bullying

The Illinois Appellate Court recently held that a superintendent, principal, and board of education were immune from liability for a parent’s claims regarding the alleged bullying of her daughter. In Hascall v. Williams,...more

The U.S. Department of Education Continues Its War on Bullying - “Dear Colleague” Letter Focuses on Protecting Students with...

A school district’s failure to properly address bullying of students with disabilities could result in a denial of a free appropriate public education (FAPE) for those students. This is the message clearly conveyed to school...more

Internet Threats of Violence Are Grounds for Student Discipline – Even if Off Campus

A Nevada high school student sent “instant messages” to his friends from his home computer that threatened mass shootings at his school. School officials suspended the student based on the threat to school safety and the...more

Ninth Circuit Says Schools May Discipline Students Whose Off-Campus Speech Threaten Classmates

Ruling Strengthens Ability of School Districts to Suspend and Expel Students to Protect Students and Staff - Recognizing the increasing difficulties school administrators face in evaluating potential threats of...more

DOE Releases “Dear Colleague Letter” On School District Responsibilities To Address Bullying Of Students With Disabilities

On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more

State Board of Education Issues Proposed Regulations on Student Fees and Bullying

The State Board of Education recently announced it was beginning the process to adopt regulations to implement AB 1575 (2012) and AB 9 (2011) regarding bullying. AB 1575 prohibits school districts from charging students fees...more

School District’s Actions To Stop Bullying Not Enough To Avoid $1 Million Damages In Student-On-Student Harassment Case

In Zeno v. Pine Plains Central School District, the school district lost its challenge to a $1 million damage award for student-on-student harassment. Former student Anthony Zeno prevailed at trial against his school district...more

Student Awarded $1 Million In Student Harassment Case Against School District

On December 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision that the Pine Plains Central School District violated Title VI of the Civil Rights Act of 1964....more

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