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What laws protect children against being bulli
Sent to Legal Experts May 25 12:38 AM

I am a freelance writer currently writing an article for a parenting magazine. I need an expert source to quote in my article on the following questions.

I want to know what specific laws protect children against being bullied.
Do they vary by state or are they federal laws?
Are there laws that allow parents of the bullies to be sued? State or federal?
Can a child be charged with a crime if he bullies another child? Age limit?
Can you get a restraining order against a child who is a bully and physically harming another child?
What if they go to the same school?
Can you sue a school district if they fail to act or protect your child from a bully at school (after repeated attempts to resolve the issue?)
What laws dictate a school's responsibility to protect a child at school?
What rights do children have to be protected agains bullies?
What type of lawyer would a parent hire if the law needs be brougt in?

Thank you so very much. Kara

 

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Murreita, California

Customer (name blocked for privacy)
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May 25 1:00 AM (21 minutes and 46 seconds later)
         
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Any laws would be state specific. There are no federal laws that address this issue. Generally, there are also very few state laws that specifically address the issue.

One of the big drawbacks is that bullying can take many forms. It is a fuzzy, and grey area. Some acts may be sufficient to warrant criminal charges. The most common would be terroristic threats and assault or battery (the latter terms may be interchangeable depneding on your state). Others like pulling hair (often in the past considered a childhood prank) generates parental concern that results in legal action.

Some wold argue that we are overlitigating. Others point to Columbine High School, Red Lake High School and argue that bullying is an all too overlooked prevalent pariah that festers into much more serious problems.

Certainly civil lawsuits are possible. Parents are responsible for damages caused by children. Injuries are compensable by parents if an assault occurs. Certainly schools, bus companies and other businesses that are negligent in supervision may also be sued. Often the question becomes whther the shcool, bus company or other entity had reason to know that the bullying was occurring and failed to take proper remedial action.

The question of liabilty can be taken to extremes. In our litigious society, the kids will be kids sensibility of the past now can often be translated into legal action.

One example occurred in Chicago - http://www.jaredstory.com/bull27.html

In Kansas a student was awarded $250,000 against a school district http://www.nbcsandiego.com/education/4843720/detail.html

There was also a case in Connecticut. http://www.insurancejournal.com/news/east/2005/08/23/58659.htm

A Kentucky case appears at http://abcnews.go.com/US/LegalCenter/story?id=2256089&page=1

There is no age limit on liabilty. Restraining orders are a tricky question as well. When does childhood rough housing become an actionable civil offense where limiting contact between children in the same school makes sense. Remember, a restrainig order makes any subsequent contact, often of any nature, a criminal offense.

Schools have taken steps to reduce more dangerous conflict by enacting rules that prohibit even rather innocuous potential weapons includin pen knives. They have also in recent years taken to hiring off duty law enforceent officers to provide school and bus security.

When conflicts of this nature happen there is a pecialty of law that has developed called school law. It is rather broad, however. It may range from seeking assistance for children suffering from learning disabilities to child safety issues.

I have dealt with such issues on both ends of the spectrum.

You can reach me at my website at minnesotalawyers.com or google my name Maury Beaulier.

Good luck.

 

 

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
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