Education Law Questions? Ask an Education Lawyer
Do you have any familiarity with education law? JA: Because education law varies from place to place, can you tell me what state this is in? Customer: new york JA: Has anything been filed or reported? Customer: in process JA: Anything else you want the lawyer to know before I connect you? Customer: i'm serving as an advocate for the family but I'm a social worker.
My client has been bullied in school for 2 years and the school's been negligent in dealing with it.
Last May a peer impersonated my client online to make threats to the school. My client was ultimately found not at fault but there was no follow up. Then this week my client was physically attacked by a much larger peer and they both were suspended. Kids that were annoyed by the other kid getting suspended decided to make a fake twitter account impersonating my client again and make threats.
At this point I want to know- what are the specific legal areas where we can sue or press charges against both the school and the bully, and is the school under obligation to allow client to transfer out of district of he feels his safety is compromised.
First off, every school by law is liable to have a anti-bullying policy and to enforce it. Failure to do so can make the school liable for any harm that occurs from the bullying, including the emotional distress. In addition to the school being liable for civil suit, you can seek to file charges against the others who are bullying your client and creating fake accounts, which is identity theft, with the police and DA and ask the DA to step in and take criminal action against the student who physically attacked your client and those making fake threats and fake accounts.
So you can attack this through civil suit against the school and students/parents of students involved and also through law enforcement and the DA filing criminal charges.
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