How an Education Lawyer can Help You with Bullying Issues
In the United States about 1 in 5 high school students have reported experiencing bullying issues while at school.
Many students have also reported being bullied online, with more than 1 and 6 students experiencing “cyberbullying.”
Unfortunately, in California these numbers are even worse with one and four high school students reported being bullied.
Today, youth violence is currently one of the leading causes of death for young people.
How is Bullying Legally Defined?
Bullying in schools can happen at many ages and is an ongoing issue at many different schools. Bullying can often take on many different forms.
Bullying can include things like harassment, emotional violence, threats of physical violence, and more recently has come to new ways of bullying such as cyberbullying.
Legally, bullying includes any severe or pervasive physical or verbal conduct done by a person or a group of people to someone that can
- cause harm to someone or their property
- have a bad effect on someone’s mental or physical health
- affect their ability to do well in school
- or deter them from participating in different activities provided by the school.
Bullying can occur over a many different things. This can include a student’s disability, gender identity, race or ethnicity, religion, and sexual orientation.
Cyberbullying refers to bullying that takes place online and over digital forums.
Some examples of this are things like text messages, online social media, or other different website people may share information on.
Cyberbullying can be another way for students to threaten, harass, and intimidate another student. As children and teenagers have increasing access to technology, cyberbullying has become more common.
What is Currently in Place to Protect Students From Bullying?
California has strict laws that protect students from bullying. These include policies regulating how schools approach bullying.
Many schools have implemented zero-tolerance rules for bullying. Students found to be bullying other students can be suspended or expelled.
Additionally, California has passed laws regarding cyberbullying that outline bullying by means of an electronic act, which allows schools to also act quickly on issues of cyberbullying. These laws cover off campus conduct as well.
Cyberbullying can also include “cyber sexual bullying,” which refers to the solicitation or spreading of explicit photographs or videos.
What to do if you are Being Bullied:
When you or your child encounters online bullying a good first step is to investigate ways you can report the harassment through the online app or website. Many apps have reporting policies that can help you block or report the bully. This will flag or disable their account.
If you or your child is experiencing bullying issues at school, or on school property, it is critical to report the issues to administration as soon as possible.
When reporting bullying issues, it is essential to also report it in writing. Reporting these issues in writing will establish evidence for your claim when the school and its administrators start an investigation into the issues.
We also suggest consulting an attorney as soon as possible. Bullying policies are different at every school. An attorney that has a good understanding of anti- bullying laws can help you navigate your specific schools and state’s policies.
What are the Signs Someone is Being Bullied?
Targeting bullying issues at a school is important to ensuring you your students wellbeing and mental health are maintained. Studies from Yale university have shown that people who are bullied are 2 to 9 times more likely to consider suicide. In California specifically, 26.6% of high schoolers reported seriously considering suicide.
Some of the warning signs could be sings of depression, a lack of engagement in usual activities, or comments that may show they are troubled. If your child is hesitant to go to school, not eating, or exhibiting other signs of depression such as anxiety, or crying, these can also be a sign that your student may be being bullied.
In many cases, there are measures that could be taken to try to prevent bullying.
These approaches involve providing quality education to children at a young age and promoting healthy family environments. Often, a bully’s behavior is learned from an environment they have grown up in.
Additionally, protective, and inclusive community environments help protect students from being the victim of bullying issues
Federal Laws That Address Bullying:
Some bullying issues may overlap with Federal laws such as, discriminatory Disabilities Right to Education Act. In California, there have been additional laws passed, such as Seth’s Law which specifically protects students from anti-gay bullying, and AB 86 which makes cyberbullying just as serious of an issue as other types of bullying.
Strong laws and regulations are not always effective. Technology, human error or a lack of concern, and the hidden nature of bullying in the 21st Century are often barriers to effective policing of bullying which is why we suggest you seek an attorney to help you navigate your schools’ policies.
The Hahn Legal Group APC is well versed in the continually changing landscape of anti-bullying laws and can help students navigate anti-bullying procedures and policies.
As a law firm that has had experience with the disciplinary proceeding in many schools, we know how worrisome bullying issues can be and want to help you face them. For a consultation in the greater Los Angeles California area please call: 310.706.3410
