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We provide a variety of legal knowledge and information, and inform you about legal procedures and response methods in each field.
Bullying & Harassment
Every child deserves to attend school without fear. Unfortunately, bullying & harassment remain widespread problems that hinder a child’s educational experience, personal safety, and emotional well-being. At SJKP LLP, we take swift and strategic legal action on behalf of families whose children have suffered harm due to school inaction or misconduct. We represent students and parents in both public and private educational settings, including K-12 schools and institutions covered under federal law such as Title IX.
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1. Bullying & Harassment Laws: State and Federal Protections for Students
Both state and federal laws impose strict obligations on schools to prevent and respond to bullying & harassment. Under laws such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title IX of the Education Amendments, schools must take immediate and appropriate actions if a student is being harassed or bullied due to disability, gender, race, or other protected status.
Bullying & Harassment in Disability-Related Cases<
When a student with a disability is subjected to bullying, schools must act not only to stop the behavior but also to ensure that the bullying does not interfere with the student’s right to a Free Appropriate Public Education (FAPE). This includes reevaluating the student’s Individualized Education Plan (IEP) if necessary.
Bullying & Harassment Protections Under Title IX
Title IX prohibits sex-based harassment in schools that receive federal funding. Schools are legally required to investigate reports of harassment, take remedial actions, and prevent recurrence. Noncompliance may result in administrative complaints or civil suits.
2. Bullying & Harassment Risk Factors and Red Flags
Understanding risk factors for bullying can help parents and educators recognize and intervene early. Common traits among bullied students include social isolation, physical or cognitive differences, and perceived weakness. Victims are often targeted due to traits protected under anti-discrimination laws.
Bullying & Harassment Linked to Identity or Disability
Students perceived as different due to their gender identity, sexual orientation, disability, or ethnicity often face increased risk. Legal claims may be based on discrimination if the school fails to respond adequately.
Bullying & Harassment Through Digital Channels
Cyberbullying through texting, social media, or email has become increasingly prevalent. Schools may be held responsible if the harassment disrupts the student’s education, even if the conduct occurred off-campus.
3. Bullying & Harassment Legal Remedies and School Accountability
At SJKP LLP, we take legal action to compel schools to comply with their obligations and compensate families when appropriate. Remedies may include court injunctions, financial damages, mandated counseling, or changes in educational placement.
Bullying & Harassment Case Strategies at SJKP LLP
Our attorneys collaborate with school administrators while remaining ready to escalate the matter to litigation if necessary. We prioritize both the safety of the child and systemic change.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
