Parents want to know whether they can hold a school district responsible for the actions of another student against their child in a school. The answer to that depends. School districts are not insurers. They do not guarantee that your child is not going to suffer some harm when he walks through the doorway at the hands of another student. Instead, they are responsible for their own behavior.
This means if they had knowledge that there was about to be a problem or there had been past problems and if the school, through its own actions, acts with indifference to that knowledge and that leads to continuing of the action or increase of the action that is happening against your child, then they can be held responsible. This is why it’s important that if your child’s being bullied that you report it to the school because it’s only with their knowledge that they’re going to have obligations. It’s important that you report it in writing, in which email will suffice, so that there’s a clear record and they can’t deny that there have been reports made. When they have knowledge, they have a duty to act responsibly.
If you have questions about this, contact a lawyer who understands the ins and outs of how to make sure that the district is obligated in the first instance to put a stop to the bullying, and in the worst cases knows how to hold them responsible when they fail to do that.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced education attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.
