QUESTION

How do I go about suing my sons school district for not doing anything about my son getting bullied?

Asked on Aug 30th, 2012 on Sexual Harassment - California
More details to this question:
My son is being hit everyday by some other kid at school. I have told the teacher about the problem and he doesn't discipline the other kid at all. Can I sue the school district?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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At the outset of a new school year we get a number of telephone calls from clients to determine what can be done to remedy a persistent bullying or harassment problem confronting their child at school. There will always be children with discipline problems, but the way schools have approached the problem of bullying and harassment has changed significantly in the last ten years. The Columbine High School massacre of 1999 prompted changes in the law throughout the country with many states adopting a zero tolerance approach. In nearly all circumstances, when we educate a client about their child’s rights, they are able to prompt their school administration into remedying a bullying or harassment issue without our legal intervention. This is a preferred outcome because it resolves the problem without getting into an unnecessarily adversarial relationship with your local school board. I practice in New Jersey. In this state, bullying is prohibited and the antibullying policies have to be posted on a school district's website. Additionally, anti-bulling policies have to have protocols that spell out how a school is obligated to respond to complaints of bulling. States tend to mirror each other's legislation, so check your school website to see if there is anything posted.  Alternatively, Click here for California's anti-bullying law.  Essentially, educate yourself about what your school district's obligations are, and then call the principle and tell him you want to register a complaint and you expect them to follow the policies and procedures they are required to under the law. If that does not resolve the issue, send a letter to your local board of education via fax and regular mail, carbon copying the principle, advising that the principle is not following district policy. If that does not work, then you should consider hiring a lawyer.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 30th, 2012 at 5:24 PM

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