Federal court rules that schools are not liable for bullying.

[femmocrat]

I just found out about this:


Federal appeals court: Schools aren't liable for bullies
June 5, 2013 5:33 pm
By Rich Lord / Pittsburgh Post-Gazette

Schools that opt not to expel bullies aren't necessarily liable for their actions thereafter, a divided 3rd U.S. Circuit Court of Appeals found in a ruling issued today.

The ruling and dissents, which totaled 83 pages, came in the case of Brittany and Emily Morrow versus Blackhawk School District, which was filed in 2010. The Morrow sisters and their parents claimed that another student who relentlessly bullied and assaulted them was suspended, adjudicated delinquent and repeatedly told to have no further contact with them, but was never expelled. They say the behavior continued until the sisters had no choice but to enroll in another school.

The Morrows argued that by failing to expel the bully after she was found delinquent, the school violated their equal protection rights.

The majority judges found that the school didn't create the danger to the Morrows.

More at link: http://www.post-gazette.com/stories/local/neighborhoods-west/federal-appeals-court-schools-arent-liable-for-bullies-690436/


The 3rd Circuit covers Pennsylvania, Delaware, New Jersey and the Virgin Islands.
Rich Lord: [e-mail]

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Follow-up articles report that local schools have no plans to discontinue anti-bullying policies, however. The decision just places the blame on the bully, not on the district. Schools still have a responsibility to provide a safe learning environment.

[no_hypocrisy]

1. I don't get the decision.

By law, you are legally compelled to attend public school if you don't opt for private, religious or home schools. You are trapped with a bully who will expend all the time and energy needed to victimize you. And the schools aren't liable for not adequately protecting you?

[femmocrat]

7. Not exactly, from what I understand-- but I'm only a teacher, not a lawyer.

In this case, the district cannot be forced to expel the bully and is not financially responsible for his actions. The student is responsible for his own actions. Of course, that doesn't give the bullied student much comfort.... they can try to sue the parents, I guess, but good luck with that.

Schools must still provide a "safe" learning environment and will continue to do so. Those districts that were interviewed do not plan to change anything in that regard.

I do know that if a student is expelled, the district must still provide him/her with homebound or other instruction, so districts rarely expel anyone except in the most severe cases.

[elleng]

2. The majority had concerns.

'Dissenting judges found that the school had exercised its authority by not expelling the bully, and contributed to the danger, creating a duty to protect the victims.

"Under this reasoning, however," the majority wrote, "every decision by school officials to use or decline to use their authority, disciplinary or otherwise, would constitute affirmative conduct that may trigger a duty to protect."'


I suspect that, somewhere(s,) courts WILL find that schools DO have a duty to protect. The following is a limited discussion and not on point, but may provide food for thought: http://en.wikipedia.org/wiki/In_loco_parentis

[AnneD]

3. Because the school is public....

And because school is compulsory to a certain age, schools are a bit hamstrung by law and funding. This is why the business model does not work in academia....unlike charter schools, public schools have to take every student that lands on our door step.

Our district is large enough to have an alternative school that can be utilized. But again we are pressured to keep this as a last ditch.

We are an inner city school and we deal with gang issues every day. And we have to deal with bullying that goes on outside of school that we fear we can be held accountable for that. (cyber bullying).

We try everything, but I am here to tell you, some kids do not understand the gift they are being given. Wish we had more vocational education for these kids. Not every child is a Fullbright Scholar.

[duffyduff]

4. You are right about public schools being hamstrung

If that bullying student was getting special education services, they'd be even more hamstrung about what they can do about it.

Of course the family could try and sue the parents of the bully, but there is no money to be gained from it.

[AnneD]

6. This year I had one SpEd student...

Just on that was responsible for 4 workman's comp claims. Nothing happened about it until the teacheee filed assault. They then tried to vilify the teacher! Several times she had intervened in this child's main stream class. As the school nurse, I stood up for the teacher.

And I thought the SpEd department chair would shit bricks when I brought up the subject at the child's ARD. I said that this was not a safe placement for him, the teachers, and other students. The SpEd department told us that we HAD to take him but did not give us a one to one aide for him. When the teachers complained, they were told they just weren't handling the problem and gave inane suggestion, like rewarding him as a distraction when he refused to do his work and started to throw his destructive tantrum. Bunch of ass hat clip board teachers.

[MichiganVote]

5. +1

[femmocrat]

8. I'm not so sure that schools are required to deal with cyber-bullying that does not occur ---

on district computers. How can we be held responsible for cyber-bullying that occurs on the student's computer outside of school hours? If it spills over into the school day, then it is something we have to address, however.

I think that schools that are allowing students to bring in hand-held devices might be re-thinking their leniency--- at least one district (that I know of) is revoking that privilege as being too disruptive.

[AnneD]

9. We can't restrict them from bringing them....

But if they are caught using them, they are taken away. We encourage them not to use them, but if we put a ban on them....parents would scream to the school board.

Cyberbullying is a grey area. And yes we might be held accountable. Say a student is being bullied. The parents bring it to our attention. Forget that our server blocks it and we cannot access it ourselves, we can still be accountable if we do nothing.

We usually call in parent, who just can't believe precious pookems is being so nasty. Sometimes it works, sometimes not. We try to separate the schedules but the kids have the same lunch. We have had fights arranged after school and off campus and parents trying to blame us for failing to supervise the kids.

Instead of blaming us, they should be looking at what they are doing, or not.

[femmocrat]

10. +1000

I totally agree. Parents need to take more responsibility and stop expecting the schools to "fix" their kids for them.