Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.” We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind. It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students.
According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult intervention – 4%. Peer intervention – 11%. No intervention – 85%.” Students who bully others, are bullied, or witness bullying are more likely to report high levels of suicide-related behavior than students who report no involvement in bullying (Center for Disease Control, 2014). These harsh facts have led to stronger laws to protect students from bullying, but enforcement is lagging behind. It is now clear that the psychological impact of bullying can be devastating.
The United States Office for Civil Rights, issued directives to expand existing laws (The Civil Rights Act of 1964, Titles VI and IX; The Rehabilitation Act of 1973, Section 504; and the Americans With Disabilities Act of 1990, Title II) to address bullying. School Districts can now be held liable for peer harassment based on race, color, national origin, sex or disability when it is “serious enough” that it creates a “hostile environment” and when harassment is “tolerated, encouraged, not adequately addressed or ignored by school employees.” This put the onus on school officials to take immediate action to not just follow up on complaints, but to monitor for unreported bullying that is taking place at their school.
StopBullying.gov, an official website of the United State Government, suggests that parents look for these warning signs that your child might be a victim of bullying:
- Unexplainable injuries
- Lost or destroyed clothing, books, electronics, or jewelry;
- Frequent headaches or stomach aches, feeling sick or faking illness;
- Changes in eating habits, like suddenly skipping meals or binge eating. Kids may come home from school hungry because they did not eat lunch;
- Difficulty sleeping or frequent nightmares;
- Declining grades, loss of interest in schoolwork, or not wanting to go to school;
- Sudden loss of friends or avoidance of social situations;
- Feelings of helplessness or decreased self esteem;
- Self-destructive behaviors such as running away from home, harming themselves, or talking about suicide.
Few States have laws allowing specifically for causes of action for bullying, so lawsuits are usually made under Federal Civil Rights Statutes. New York, where the Dignity for All Students Act was passed in 2010 and went into effect in 2012, it does
In 2010 New York State passed the Dignity for All Children Act which places the onus on schools to monitor for bullying, in addition to taking action after they become aware of it. This is an important component as children are fearful of reporting bullying. This new legislative makes clear that schools must protect children from the psychological impact of bullying, but it does not provide for a cause of action to bring lawsuits for violations of the Act, so the actions must still be brought as tort action in State court or as Federal cases under the Civil Rights Statutes.
These cases are complicated to bring and often have administrative procedures which must be exhausted before an action can be started. If your child is a victim of bullying, you should consult with a Child Injury Attorney or Civil Rights Attorney as most generalist Personal Injury Attorneys do not know how to bring these actions. It takes an experienced and dedicated team of lawyers to work with the school to reduce problems for the child, while at the same time commencing litigation against a school.
Vaccination Laws Upheld Despite Religious Objections
In the United States, the First Amendment of the Constitution protects our right to practice the religion of our choice. The State and City of New York have passed laws that offer increased protection from interference with religious practice and discrimination based on religion. Just like the right to move your fist ends at the tip of another person’s nose, the government will limit the right to a religious practice that they believe endangers the community as a whole. Justice Denise Hartman upheld the law abolishing religious exemptions to vaccinations, referring to a US Supreme Court decision from 1944, “The right to practice religion does not include liberty [...]
Black History Month Spotlight: Michelle Obama
Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on [...]
Remembering Dr. Martin Luther King, Jr.
Remembering Dr. Martin Luther King, Jr. “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.” -Dr. Martin Luther King, Jr Martin Luther King Jr. Day was officially observed as a national holiday for the very first time on January 20, 1986. Signed into law three years prior by President Ronald Reagan, the day was chosen to be on the 3rd Monday of every January. His positive messages while fighting for equality set the mood for groundbreaking laws requiring equality. Sit Wherever You’d Like to New Yorkers love to lament the unreliability of the MTA, and [...]
President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today
President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today A little over a week ago, on November 30, 2018, we lost our 41st president. George H.W Bush served as president from 1989-1993, and prior to his presidency, served as vice president from 1981 to 1989. Though we may not agree with all of his policies, the American Disability Act passed during his administration continues to be a major contribution to our society. The American Disability Act (ADA) was signed into law on July 26, 1990 and was implemented with the goal of increasing inclusion for persons with disabilities in employment, telecommunications, public accommodations in both [...]
Mark Your Calendars – Set Your Timers – Time to Vote!
What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever. So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm elections will take place on Tuesday, November 6th. As [...]
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined [...]
Leave A Comment
You must be logged in to post a comment.