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School Law

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Submitted By ltmcghee03
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Bullying and cyberbullying cases have been increasing each year. The number of suicides related to bullying has increased as well. I have always been interested in the school’s liability in bullying cases. I have also wanted to know how responsible the courts held the bully for the victim’s emotional distress, or death. With these inquisitive thoughts, I continued to question whether or not the bullying laws actually protected the recipient of the bullying, or if they were put in place to not hold schools or districts responsible for the suffering these children went through. In my research I have found there is no federal law that addresses bullying directly. However, schools have an obligation to resolve the harassment, majority of bullying concerns aren’t adequately resolved. Sometimes the bullying escalates after the bully is reprimanded for their actions. When families feel the issue hasn’t been resolved and/or the bullying has worsened, they are able to file a lawsuit against the school or school district. Although there aren’t any federal laws against bullying, there are instances in which bullying overlaps with discrimination which are covered under federal civil rights laws. These laws are enforced by the U.S. Department of Education and the Department of Justice. Whether it the harassment is referred to as bullying, hazing, or teasing, schools are obligated to provide a safe learning environment for all students. This is to be done regardless of race, religion, disability, or sexual orientation. When schools fail to address the harassment appropriately, they are violating the civil rights that are enforced by the Department of Education and Department of Justice. Based in the cases that I’ve studied, as long as the school has investigated and documented the harassment, the school is often not held liable for a student’s emotional

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