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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Is it a volation of State law when public school officals do not notify parents of the bul

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Is it a volation of State law when public school officals do not notify parents of the bully and the victim of bullying in the state of illinios?

Thank you for your question.

The failure of a school to notify a parent of bullying does indeed violate state law.

105 ILCS 5/10-20.14(d) states:

"The school board, in consultation with the parent-teacher advisory committee and other community-based organizations, must include provisions in the student discipline policy to address students who have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal guardians and early intervention procedures based upon available community-based and district resources."

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Best Regards,
Customer: replied 4 years ago.
Do this include notifying the parents of the victims too?
Yes, it means notifying parents of the victims and of the bully.
Customer: replied 4 years ago.
So, if I have evidence of school officials failure to inform both parents of the victim and bully then I may have legal recourse against the school ?
Not exactly. Where a state law requires a state entity, such as a school district, to create rules and take actions, an individual citizen only has a right to sue to enforce these rules if the state law specifically grants a private cause of action.

This specific statute does not grant such a right. Thus, the only legal remedy you are entitled to is to file suit for a Writ of Mandate which would direct the school to follow the rules. This kind of lawsuit does not grant you any sort of monetary compensation and will actually cost you money for attorneys fees to bring.

Your other legal remedy would be to contact the state attorney general and notify them of the violation. The state has the right to enforce these rules.

That being said, if you have actually incurred damages as a result of this (i.e., you've lost money by paying medical bills, etc), you can sue the school district for negligence and assert that there was a breach of duty based on the statutory notification requirement.

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