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My son has been bullied by students in a private school for…

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My son has been...

My son has been bullied by students in a private school for his first year .he was suspended for being insabordent we spoke with administration multiple time .A student hit my son and he stuck back he is now expelled have his civil rights been violated

Lawyer's Assistant: Can you tell me what state this is in? And how long has this been going on?

Maine 6month

Lawyer's Assistant: Has anything been filed or reported?

We've notified Administration multiple times they said they would look into it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is a 7th grade middle school student

Submitted: 4 months ago.Category: Legal
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3/8/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. §6554 of ME's education code says that bullying in public schools is prohibited; however, there is nothing in the code regarding bullying for private schools, unfortunately. A child does have civil rights in any school, but those civil rights will be enforced if the school's behavior is based on harassment or discrimination stemming from the child's race, disability, or sexual orientation. Because this is a private school, then contract law is what's going to take place here.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they blocked your son from enjoying the benefits of the contract you/him have with the school. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

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