Parents send children to school expecting a safe place to learn. Bullying undermines that, and it can cause lasting physical and psychological harm. Schools are required to provide a safe learning environment, so they must take reasonable measures to protect students from harm — bullying included — while on school premises.
The Laws That Apply
There is no single federal law that prohibits bullying. Federal law does prohibit discriminatory harassment, which can overlap with certain bullying:
- Title IV of the Civil Rights Act bars discrimination based on race, color, national origin, sex, religion, disability, or language.
- Title IX of the Education Amendments of 1972 bars discrimination based on sex.
- Section 504 of the Rehabilitation Act of 1973 bars discrimination based on disability.
- The Age Discrimination Act of 1975 bars age discrimination.
Many states add their own requirements. Louisiana Revised Statutes 17:416.13 requires schools to adopt and enforce a student code of conduct that prohibits bullying, defines it, and sets reporting, investigation, and disciplinary procedures; it was later expanded to cover cyberbullying. Texas passed SB 179, known as David’s Law, in 2017, requiring schools to address cyberbullying, allowing anonymous reporting, mandating timely notice to parents, and permitting investigation of off-campus conduct that affects the school.
When a School Can Be Held Liable
A parent or guardian may file a personal injury claim and recover compensation by proving negligence:
- The school owed the child a duty of care.
- The school breached that duty — for example, by failing to take reasonable action to prevent or resolve the bullying.
- The child’s injuries would not have occurred but for the school’s negligence.
- The injuries produced damages, such as medical costs or psychological trauma.
Available damages can include economic damages (medical bills, rehabilitation, medication), non-economic damages (pain and suffering, anxiety, depression, mental anguish, loss of enjoyment of life), and, in cases of egregious negligence, rarely, punitive damages. The negligent party may be the school, the bully’s family, or both.
The injuries themselves range widely — from cuts and bruises to broken bones and head injuries, to emotional trauma, PTSD, and in the worst cases suicidal ideation that can rise to wrongful death.
If a school’s response to bullying has been inadequate, document every incident, report in writing, and review the school’s policy. When the problem persists, a Louisiana injury lawyer can explain your legal options.