Your child's school and the Minnesota school district to which it belongs have an important responsibility to protect them from bullying. Any time they fail in that responsibility, your family has the right to demand administrative action. If they refuse, you have the right to petition state and federal authorities to intervene. Ultimately, if you can obtain relief from no other source, you have the right to hold your district accountable in civil court: to seek injunctive relief for bullying and monetary compensation for any damages—physical and emotional—bullying may have caused.
As a parent, nothing is more important to you than the safety and welfare of your children. If that safety and welfare is threatened as a result of school bullying, it's important you act immediately. The Lento Law Firm can help. Contact us at 888-535-3686 or use our automated online form.
The Problem of Bullying in Minnesota Schools
These days, most educators use the word “bullying,” but there are other terms that you might hear. Some parents call it “teasing” as a way of minimizing its serious nature. Others call it “hazing,” which suggests that it's an expected activity—just an annual ritual kids have to endure. The legal definition, though, probably falls somewhere closer to “harassment.”
Terms are far less important than effects, though. K-12 kids who are subjected to bullying in Minnesota schools suffer. That's the most appropriate term for it. At a minimum, bullying interferes with students' ability to focus on learning. But it can have physical consequences as well, and it almost always takes an emotional toll.
You'll find lots of information below about your legal rights in Minnesota and how you can hold those who allow bullying to happen responsible for their actions. All of that is secondary, though, to protecting your child. Your first job, the moment you discover someone is bullying your child, must always be to remove them from the situation. Contact your child's school and ask for help; take your child out of school if you need to; contact state and federal agencies or law enforcement if necessary. The Lento Law Firm can help you to do all of this. You can always contact us for help at 888-535-3686 or through our automated online form.
Minnesota Anti-bullying Laws
Your child's rights to a safe school environment are protected at a fundamental level by Minnesota's anti-bullying laws, collectively known as the “Safe and Supportive Schools Act” (Minnesota Statute 121.A.031). These laws require your school district to respond to and prevent bullying.
- First, your district must maintain a policy that prohibits all forms of bullying (See subdivision 3.a).
- Further, the district must advertise this policy by including it in student handbooks, posting it in school offices, and making sure all students and parents are aware of it (See subdivision 3.a.4-7).
- Every school must have a designated staff member to receive reports of bullying and to ensure the school follows district policy (See subdivision 4.a.1). Beyond this, all employees are required by law to report any knowledge of bullying and to take reasonable steps to stop it (See subdivision 4.a.2).
- In addition, schools must actively work to prevent bullying by offering programmatic instruction (See subdivision 5.a). They must teach kids about bullying, and they must train teachers in how to spot it.
These laws make clear that districts aren't merely to stop bullying. They are supposed to do everything in their power to prevent it from happening in the first place. You have a right to hold them responsible if they aren't living up to these obligations.
Minnesota's Bullying Definition
Minnesota law defines bullying specifically as “intimidating, threatening, abusive, or harming conduct.” That definition is broad enough to protect students from essentially any type of harm they might suffer, whether from other students or school employees. The law further delineates what “bullying” means, though, and offers some important additional protections. For example,
- The term “bullying” applies to conduct that causes physical harm to a student or to the student's property. That is, your child doesn't have to suffer the harm directly. If their book bag, locker, or musical instrument should receive damage, that act constitutes bullying.
- The term further applies to conduct that causes students a “reasonable fear of harm.” In other words, bullying does not have to have a direct physical consequence at all. The threat of physical violence is enough.
- It includes acts that violate privacy or defame another student.
- It includes acts that cause intentional emotional distress.
- And finally, any harassment that involves a person's protected status is, by definition, a form of bullying. This includes
actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation, including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age.
Minnesota law also makes specific mention of “cyberbullying”: “bullying using technology or other electronic communication,” and includes in this definition all forms of written communication, signs, signals, images, sounds, and the “transmission of data.”
Finally, you should keep in mind that bullying doesn't have to occur on campus for the school to be liable for it. School-sponsored events are covered under the law no matter where they occur. Incidents on school buses qualify. Cyberbullying is subject to regulation no matter where it occurs if it “substantially and materially disrupts student learning or the school environment.”
Minnesota's Liability Laws as They Apply to Bullying
A number of states have laws that provide the government and/ or government officials and employees, including school teachers and administrators, with blanket immunity from liability. Fortunately, Minnesota does not. In fact, Minnesota law specifically holds “municipalities, including “school districts,” liable for the actions of their employees and representatives.
In other words, the law gives you the right to file suit against
- The district itself
- Employees and representatives of the district.
To be sure, the law contains some important exceptions when it comes to suing districts and personnel.
- Teachers and other staff cannot be held responsible for performing their assigned duties. In such cases, the district may be liable, but not the individuals.
- Likewise, districts can't be sued for taking actions assigned to them by the Minnesota State Department of Education or by Minnesota law.
- No employee can be held responsible for an action, the purpose of which was to protect the larger school population or the school's general education mission. Put simply, you cannot claim that your district is bullying your child simply because it's disciplining them or because you dislike its general policies.
Finally, you should know that the law sets certain conditions for bringing suit against a district or an individual within that district. You must provide notice to the district within 180 days of the alleged “loss or injury” of your intent to sue. This notice must include details about the bullying incident, the names of any employees known to be involved, and the amount of compensation you're demanding.
Minnesota Personal Injury Laws Protecting Bullying Victims
Neither Minnesota's anti-bullying law, nor Chapter 466, which grants individuals the right to sue school districts, specifically addresses why a given instance of bullying might warrant compensation. For that piece of the puzzle, you must consider Minnesota's tort law. Most often, bullying suits are based on tort claims of negligence. For instance, you may have a claim if a district employee failed to
- monitor classrooms, cafeterias, and playgrounds for bullying;
- take immediate action to stop bullying;
- separate students known to be bullying from bullying victims;
- protect bullying victims from further acts of bullying;
- follow school procedures on complaints of bullying;
- investigate bullying complaints thoroughly; and
- avoid and prevent retaliation for bullying complaints.
Of course, it is sometimes the case that a teacher or administrator is guilty of perpetrating or encouraging the bullying. In such cases, you would want to consider Minnesota tort law as it relates to claims such as assault, battery, invasion of privacy, defamation, and intentional infliction of emotional distress.
The Lento Law Firm is experienced at filing litigation with a wide range of tort claims, including negligence. We can advise you as to your options based on your specific situation and will work with you to create a plan for holding your district and any individuals responsible.
Minnesota Private School Liability to Bullying Victims
Private schools are largely exempt from Minnesota's Safe and Supportive Act. Rather the law specifically refers to “public schools.” However, the law does contain some language that applies to private schools. While such schools are not required to develop an anti-bullying policy, for instance, they are “encouraged” to do so (See 121.A.031.Subdivision1.b).
It can be more difficult, then, to hold private schools accountable when bullying occurs on campus. However, even in these cases there are remedies. Tort law, as it applies to assault, battery, and defamation, for example, can all be used to seek justice.
Federal Anti-bullying Laws Supporting Liability
Despite the pervasive nature of school bullying and the recognition at the federal level of the enormous negative consequences bullying can have, there is, as yet, no federal law specifically designed to prohibit bullying or to recover damages from schools on the basis of bullying harm. Minnesota law provides the best resources for pursuing civil action.
However, bullying frequently happens in conjunction with discriminatory acts that are prohibited by federal law.
- Title IV: Bars public schools from all forms of discrimination based on race, color, religion, sex, or national origin.
- Title VI: Bars all schools—public or private—from discrimination if they receive any form of federal assistance.
- Title IX: Protects students against all forms of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking. Again, this law applies to any educational organization that receives federal funding.
- Section 504 of the Rehabilitation Act of 1973: Guarantees equal access to schools for students with disabilities and protects these students from discrimination.
- Title II of the ADA (Americans with Disabilities Act) Requires schools to make reasonable accommodations for their students with disabilities.
- IDEA (Individuals with Disabilities Education Act): Guarantees free appropriate education to students with disabilities.
The bottom line is that you may not file a civil suit in federal court against a school alleging damage as the result of bullying. However, if you can demonstrate that the bullying was somehow connected to discrimination against a protected class of individuals, you may have a legitimate case. For such a case to be successful,
- You must first prove the act involved animosity over race, color, national origin, religion, sex, disability, or some other protected status.
- You must additionally prove that the school or district had direct knowledge of the discrimination and that it chose deliberately not to act.
Because bullying itself is not prohibited by federal law, it is usually more difficult to file a federal civil suit than it is to file a suit in a Minnesota court. That said, there are situations that warrant federal intervention. The Lento Law Firm can help you evaluate your specific situation and determine the best path to getting justice for your child and your family.
Compensation for Bullying Victims in Minnesota's
If you are thinking of filing suit over a bullying incident, it's important you consider just what kinds of monetary compensation you might be entitled to.
“Compensatory damages” means every “loss” that “naturally and foreseeably” results from an action—in this case, the bullying itself. Losses might include
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replaced broken items, such as glasses, book bags, computers, and clothes
- Lost wages if your child has a job and loss of earning potential if the bullying affects their future ability to work
Compensatory damages can also include non-economic damages, such as
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
While these damages aren't tied to a specific dollar amount—juries can, and frequently do—consider them when determining a monetary settlement. Even if you can't point to any specific loss or physical harm done by an act of bullying, you may still be entitled to claim damages and collect money to help your child deal with the consequences.
Finally, a jury can also order “punitive damages,” money paid to the victim simply as a punishment for their actions. You should be aware that under Chapter 466, Minnesota has set limits on punitive damages for municipalities and municipal employees.
Pre-suit Steps at Minnesota Schools for Bullying Victims
Any time you are building a legal case, you must take careful steps to ensure all the right pieces are in place. When it comes to litigating a bullying incident in Minnesota civil court, you can't simply file suit. The law dictates that you must follow a well-defined process.
First, you must give your school an opportunity to deal with the bullying incident. Without question, schools and districts have obligations under the law, but they cannot act on those obligations unless they are aware bullying is occurring. Only when they refuse to act, or you can show that they knew and refused to act, do they become liable.
Minnesota law further mandates that the district conduct an investigation (see 121A.031.Subdivision 4.3). As part of this investigation, it must give the accused the right to defend themselves (see 121A.031.Subdivision 4.11). You may, of course, charge the school for neglecting its duties if it fails to conduct such an investigation. You may, however, also be required to participate in any judicial proceedings against the accused as part of the district's responsibilities in the case.
The school further has the obligation to provide your child with resources to deal with the bullying and do everything in its power to prevent further incidents and retaliatory acts. Should it fail to do any of these things, you have a strong case of negligence. Again, however, you must give the school the opportunity to perform these functions.
Before you file suit, you should also give the Minnesota Department of Education an opportunity to intervene. The DOE has the power to force schools to cooperate and can even withhold the funding of those schools that refuse. Again, however, going through the process of allowing the school to make its case to the state is a crucial component in demonstrating they have chosen to be non-compliant.
Finally, should you decide to file suit, you must provide the district with notice you are doing so, and you must file that notice no more than 180 days after the incident occurred.
Pursuing a Minnesota Civil Action on Behalf of a Bullying Victim
In concrete terms, then, how does the process of filing suit over a bullying incident unfold?
- Before you do anything else, it is essential that you contact the Lento Law Firm and retain representation from someone on the Student Defense Team. Civil litigation is a complex process, one that the average attorney usually isn't prepared to handle. The attorneys at the Lento Law Firm give you your best chance of success.
- Next, your Lento Law Firm attorney will instigate a period of pre-suit investigation. As part of the process of preparing the case, they need to gather evidence and make sure it is admissible.
- Your attorney will then research and draft a detailed complaint and file it with the appropriate court. Keep in mind that a correct filing is crucial. If you should file the wrong documents or file with the wrong court, your claim will wind up dismissed.
- Your attorney will then serve the court summons, including your complaint, on the appropriate school officials. That summons will include a time frame in which those officials can respond.
- Many civil cases are settled before they go to trial. Your Lento Law Firm attorney will engage in negotiations with the district on your behalf in order to get you the best possible settlement.
- If your case isn't settled during the initial Presentation stage, a period of Discovery usually follows. As part of that process, you'll provide information to the school district, and the school district will provide information to you. Your lawyer can help you through both aspects of this stage.
- Attorneys for both sides then file motions making legal claims that will help to shape the trial.
- Meanwhile, mediation efforts usually continue. You can count on your Lento Law Firm attorney to be at your side through any meetings or negotiations.
- Should your case go to trial, your Lento Law Firm attorney will represent you in court. They'll help you submit evidence, make arguments, examine witnesses, and challenge the district's evidence.
- Finally, once the trial is over, your Lento Law Firm attorney may be involved in collecting the judgment in your favor, or they can work with you to pursue any necessary appeals.
Defending Disciplinary Charges Against a Bullying Victim
It's not unusual for bullied children to act out—to try and defend themselves or to retaliate against the bully. However, this can complicate the situation and even lead to your child facing disciplinary charges. The Lento Law Firm can help in these instances as well. The firm's Student Defense Team can
- Document and report the bullying to help prevent the situation from escalating and to ensure school officials understand what is happening.
- Answer any disciplinary complaints made against your child and raise an appropriate defense.
- Invoke the school's own policies as a means of proving your defense
- Communicate and negotiate with school and district officials to come up with equitable solutions.
- Use school oversight mechanisms, such as the state Department of Education, to negotiate fair outcomes.
Helping Your Student Avoid Minnesota School Bullying
You've read a lot to this point about how to protect your child if they're being bullied and how to hold their school and district accountable. As they say, though, an ounce of prevention is often the best cure. There are some important strategies you can put in place to help ensure your child isn't bullied in the first place.
- First, make sure your child isn't involved in any bullying. Even if your child has been bullied, it's important they don't retaliate with the same or similar behavior.
- Encourage your child to report any bullying—to teachers or staff and to you. Obviously, they should report any time they are bullied, but ideally, they should also report any time they witness others being bullied.
- Further, encourage your child to talk to their friends about resisting, reporting, and discouraging bullying.
Ultimately, taking these steps can help to create a safer atmosphere for the entire school and, in so doing, minimize the possibility that your child will ever become a target.
Premier Representation for Minnesota Bullying Victims
The Lento Law Firm was founded to help students. We know the law. We know the Minnesota education system. And we're experienced. We've helped hundreds of students get the fair treatment they deserve.
If your child is being bullied, contact us today at 888-535-3686 or use our automated online form to find out how we can help.
