No child should have to experience bullying at school. Full stop, period. When they do, it's an indication that something has gone wrong. You have the right to be upset, and you have the right to hold your child's school and district accountable.
Certainly, schools have an obligation to respond any time a child reports bullying. They should have clear procedures in place for investigating claims, a clear means of adjudicating complaints, and a clear set of disciplinary sanctions in place any time anyone is found responsible for bullying.
The thing is, your district doesn't just have the responsibility to respond to bullying incidents. It has a responsibility to prevent such incidents from happening in the first place. It should have educational programs in place to make sure students understand what bullying is and the consequences it can have. It should train teachers and staff to recognize the warning signs of bullying. It should limit the circumstances in which bullying can occur.
These responsibilities aren't just a matter of good education practice. They aren't simply “the right thing to do” or even a moral imperative. They are encoded into New Hampshire state law.
So, what do you do when your district fails in its responsibilities? You do what you must to protect your child. Sometimes, that means filing suit to force it to act appropriately. Sometimes, it means holding it accountable after the fact for its negligence and making sure you and you're child won't have to pay for the consequences of bullying yourself.
The Lento Law Firm can help with these processes. Our Student Defense Team is dedicated to the principle that all students deserve the very best possible education. We'll fight tooth and nail to make sure your child gets that education, and if, for some reason, your district hasn't done everything in its power to protect your child, we'll make sure it's held accountable.
What can we do for you? Call 888-535-3686 today to find out. Or use our automated online form.
The Problem of Bullying in New Hampshire Schools
Bullying can come in many forms: discrimination, harassment, teasing, hazing, and physical assault. It can happen on playgrounds, in lunchrooms, in classrooms, and in online environments. However, it occurs, and whatever its specific nature, bullying can have long-lasting effects, especially on children. At a minimum, bullying disrupts learning, preventing students from being able to focus in class. But the effects of bullying typically go much deeper: kids frequently suffer deep psychological, social, emotional, and sometimes physical damage.
The point of this page is to educate you on how to hold schools and districts accountable when bullying occurs on their watch. It's important you understand your rights and your legal options, both for forcing districts to follow the law and to recover any losses your family may have suffered as a result of bullying.
You need to know, though, that your first priority is to protect your child from harm. That means putting a stop to the bullying as soon as you discover it's happening. You cannot wait for a lawsuit to work its way through the courts, for a settlement to be worked out, or for your family to receive compensation.
Of course, you must act appropriately. You should never, for example, take the law into your own hands. Short of that, though, you should do whatever is necessary to resolve the situation. That might include
- Contacting the school and alerting them to the problem;
- Contacting state or federal education authorities and asking them to intervene;
- Taking your child out of school temporarily;
- Contacting local law enforcement and asking them to get involved.
Your child's health and welfare matter to the Lento Law Firm. We're not just here to help you take legal action; we'll do whatever it takes to help your family respond to the situation. We know just how stressful it can be dealing with bullying, convincing schools to act, and contacting officials, and we're ready to do as much of that as we can for you. We've been protecting students for years, and we're active in New Hampshire communities. We know who to contact when you have a problem with your school district, and we know exactly what to say. We're also easy to reach by calling 888-535-3686 or by filling out our automated online form.
New Hampshire Anti-bullying Laws
Let's start by talking about what New Hampshire law has to say about school responsibility when it comes to bullying. The state's anti-bullying legislation is actually quite robust and primarily puts the burden on schools to eliminate the problem.
- Districts are required, for example, to prohibit bullying as part of their disciplinary policies and to set specific consequences for any student who violates policy.
- Additionally, districts must have procedures in place for receiving complaints
- Finally, districts must develop a process for investigating and adjudicating all credible allegations.
All of these are responsive measures, though. Districts are also required to take preventative measures to stop bullying before it starts. For instance,
- Districts must publicize their anti-bullying policies, including distributing copies to all students and parents and posting policies prominently on district web pages.
What all of this means is that districts can be held accountable when they fail to respond appropriately to bullying incidents. In addition, though, the requirement that they publicize their policies places some burden on them to eliminate bullying altogether, as do broader statements under the law that declare “a safe and civil environment in school is necessary for students to learn” and that faculty, staff, and volunteers must refuse to “tolerate harassment, intimidation or bullying.”
These principles serve as the foundation of any suit you might file against your district.
New Hampshire Bullying Definition
Any litigation must establish first that bullying did occur. That means meeting New Hampshire's legal definition of bullying.
This definition begins by setting the parameters for an act to be classified as bullying:
- It can be a written, verbal, or physical act, an electronic communication, or even a “gesture”;
- It can be a single “significant” incident or a series of incidents;
- It must occur on school property, at a school-sponsored function, on a school bus, or it must “interfere with a pupil's educational opportunities or substantially disrupts the orderly operations of the school.”
In addition, the act must have one of three effects:
- Physically harming a student or damaging a student's property
- Causing emotional distress for a student
- Interfering with a student's educational opportunities
- Creating a hostile educational environment
- Disrupting the orderly operation of the school
Finally, New Hampshire law also refers specifically to “cyberbullying” as bullying that takes place through “the use of electronic devices,” including telephones, cellular phones, computers, pagers, email, text messaging, and websites. When coupled with the law's assertion that bullying is defined by interference with a student's educational opportunities, this means that social media posts can qualify, even if they aren't sent or received on campus.
New Hampshire Liability Laws as They Apply to Bullying
While New Hampshire's anti-bullying law places the burden on school districts to address bullying, it makes no mention of consequences for those school districts who abrogate this responsibility. In fact, for a number of years after the law was passed, New Hampshire prohibited lawsuits against districts on the basis of bullying.
That changed in 2021 when the legislature passed HB140. That bill specifically allowed litigation against schools in the case of gross negligence in enforcing anti-bullying provisions. This means you may have a case if, for instance, faculty and administrators fail to
- Properly monitor classrooms, cafeterias, and playgrounds for bullying;
- Take immediate action to stop a bullying incident;
- Separate students known to be bullying from their bullying victims;
- Protect bullying victims from further acts of bullying;
- Follow outlined school procedures on complaints of bullying;
- Investigate bullying complaints thoroughly; and
- Prevent retaliation for bullying complaints.
New Hampshire Private School Liability to Bullying Victims
Private schools are not subject to any of the provisions contained in New Hampshire's anti-bullying law. That law applies strictly to public schools. This means it can be more difficult to hold these schools accountable for bullying incidents. It does not mean, however, that there are no remedies in such cases. For example,
- As private entities, private schools enjoy no governmental immunity under New Hampshire law. That is, they can be sued the same way any other business in the state can be sued. You cannot rely on the anti-bullying statute to establish negligence, but you can file suit over other criminal acts that are frequently associated with bullying. For example, employees and schools can be held liable for assault, battery, defamation, and invasion of privacy in addition to the general infliction of emotional distress.
- As outlined below, federal law can be a further source of relief in such cases. It provides educational protections for members of certain classes, such as women, minorities, and the disabled, when the education program receives any type of federal funding. Contrary to widespread beliefs, this applies to many private schools. As a result, if your child is “harassed” because of their membership in any of these groups, you can hold individuals and the school accountable in federal court.
Federal Anti-bullying Laws Supporting Liability
The federal government operates an active anti-bullying campaign. It even operates a website that provides details of and links to state laws prohibiting bullying. Yet, there are no federal laws outlawing bullying. As a result, the most likely tool for protecting your child from bullying in New Hampshire remains New Hampshire law.
Nevertheless, federal law can sometimes apply, though not as regards “bullying” strictly defined. Again, many classes of individuals receive specific legal protections in the U.S. protections that are encoded in the law. For example,
- Title IV prohibits public schools from any form of discrimination based on race, color, religion, sex, or national origin. Keep in mind: The school itself does not have to practice such discrimination. Schools have a responsibility to prevent discrimination and so can be held liable for discriminatory acts perpetrated by students and faculty.
- Title IX prohibits all forms of sexually-based harassment at any educational institution and applies to any school—public or private—that receives federal funds.
- Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public schools for students with disabilities. Equal access, by definition, prohibits all forms of discrimination against these students. Again, the law doesn't just prohibit schools from such discrimination; it requires them to address discrimination practiced by anyone in the school community.
In general, you must meet a higher burden of proof in order to file a federal civil action against your child's school. Of particular importance, you must be able to prove that the harassment they suffered had to do with their protected status. There is no doubt, however, that public schools, and many private schools, have a duty under the law to protect students from harassment. As a result, there is no doubt that you have the right to hold them liable when they fail to follow the law.
It's not always easy to know exactly which laws are most applicable to a particular case. You can count on the attorneys at the Lento Law Firm to know all the possibilities. They'll sit down with you and your family and discuss your case in depth before ultimately recommending a course of action.
Compensation for Bullying Victims in New Hampshire
It is sometimes necessary to file suit against a school district to get administrators to do their jobs as they should. More often, though, lawsuits work to compensate victims for any losses they may have suffered. Such monies are referred to as “compensatory” damages.
The fact is that bullying can have damaging effects, and you and your family shouldn't have to pay these damages yourself.
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replacement items, such as book bags, computers, clothes, or glasses
- Lost wages if your child has a job and potentially lost earning potential if the bullying affects their future ability to work
Keep in mind, as well, that damages aren't always physical. Bullying can have many “unseen” effects. Your child and your family deserve compensation for these as well.
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Pre-suit Steps for New Hampshire Bullying Victims
Having a legitimate claim against a school district is not the same as proving that claim in a court of law. You must first prove that bullying occurred, and then you must additionally prove that the school district was negligent in preventing or responding to the incident. In short, you need to build your case carefully.
- First, you need to document the bullying itself. At a minimum, keep a log of everything that happens. Ask your child to write their own description of events as well. In addition, hang on to any evidence you may have, whether that be damaged items, text messages, or video.
- Next, you need to document evidence of your district's negligence. What kinds of policies are in place at the school and district levels? What steps has the district taken to educate students and parents about the dangers of bullying? Has the district provided adequate training for faculty staff? In addition, though, you should pay careful attention to how your school and district respond to the bullying incident. Are administrators taking your claim seriously? What steps are they taking to stop the bullying? What steps are they taking to investigate, adjudicate, and punish the bullies? Are they providing you and your family with the necessary support?
- You have some important obligations, too, during the investigation and adjudication processes. You likely cannot hold your district responsible for negligence if personnel are doing everything in their power to respond appropriately to a bullying incident. Personnel cannot do their job without help from you. You need to be able to demonstrate that you cooperated with district officials during the investigation and that you were willing to provide evidence during any hearings.
- If your district isn't responding as you feel it should, you need to seek help from state and federal officials. It is important that you show to the court that you took the incident seriously and did everything in your power to remedy the situation through official channels.
The law gives you some tools to help you protect your child and hold negligent individuals and districts responsible for their inaction. The law makes clear, for instance, that all forms of retaliation, either by the bully or the district, are violations of the law as well. Your district must have clear procedures in place for handling bullying and for providing your family with support.
Nevertheless, you have some responsibilities as well. There are strict time limits, for instance, on filing reclaims. In addition, you must fully participate in the process of responding to the incident. The Lento Law Firm can help you do that. We're not just here to speak for you in court. We're also here to make sure you can navigate the system successfully.
Pursuing a New Hampshire Civil Action on Behalf of a Bullying Victim
Once you've done everything you can to build your case, your Lento Law Firm attorney will begin the process of filing suit on your behalf. As should be obvious at this point, you don't want to try to handle a case like this all on your own. The Lento Law Firm's Student Defense Team has the background and experience to ensure the process goes smoothly and you get the very best possible resolution to your case.
- First, your Lento Law Firm attorney will initiate a pre-suit investigation. In simple terms, they'll collect evidence and make decisions as to what is admissible.
- Your attorney will then research and draft a formal complaint. They'll also file that complaint with the appropriate court and make sure that it is filed within the 90-day deadline. Any mistakes at this point could cost you your ability to sue.
- Once they have filed your complaint, your attorney will serve district officials with an official court summons. As part of this summons, the district is required to provide evidence in the case.
- Throughout the pre-trial process, your Lento Law Firm attorney will conduct negotiations on your behalf, looking for a fair settlement from the district. A settlement means you get the compensation you deserve without having to go through the difficult process of a trial.
- Another important element of the pre-trial period is Discovery. Again, the court summons requires district officials to provide you with any information that might be relevant to your case. Your attorney will depose officials and gather all relevant facts. In addition, you will likely be asked to sit for deposition as well. Your Lento Law Firm attorney can help you prepare for this, and they'll accompany you to any meetings to help you answer questions.
- Following Discovery, both sides in the case file any relevant motions and legal arguments that will dictate how the trial proceeds. Again, your attorney will continue to negotiate throughout this period, looking for the best possible settlement.
- Of course, if your case should ultimately go to trial, you can count on your Lento Law Firm attorney to fully represent you in court. They'll make arguments on your behalf, submit evidence, and examine and cross-examine witnesses.
- Should you win your case, your attorney is then responsible for collecting any financial judgment against the district. On the other hand, should you lose your case, your attorney will work with you to develop and file any appeals.
Defending Disciplinary Charges Against a Bullying Victim
Finally, you should keep in mind that bullying cases can get messy quickly. It is not unusual, for instance, for bullied children to face charges themselves simply for doing what they must to defend themselves. Often, bullies will try to dodge their responsibilities by claiming they were the victims. As a result, your child could wind up accused of bullying by their district.
The Lento Law Firm's Student Defense Team isn't just here to help you file a lawsuit, though. They're also highly experienced at representing students accused of misconduct. They've helped literally hundreds of students defend themselves from all sorts of charges. They know the system, and they know how to use the system to their best advantage. For instance, they can
- Document events and help prevent the situation from escalating;
- Help school officials untangle the facts;
- Respond directly to disciplinary complaints made against your child;
- Represent your child during investigative meetings and hearings;
- Remind the district of its own bullying policy and hold it accountable for preventing retaliation;
- Negotiate with school and district officials to come up with fair resolutions;
- Use additional channels to pressure the district, such as the New Hampshire Board of Education.
Helping Your Student Avoid New Hampshire School Bullying
We started by talking about how important it is to put a stop to bullying the moment you discover your child is being victimized. In truth, there are also ways that you can help protect your child even before bullying occurs.
- Have open discussions in your family about bullying. Be sure your child understands that they shouldn't participate in any form of bullying, even if only in retaliation.
- Take the time and trouble to report bullying. This will not only help lay the foundation for a lawsuit if you need it, but it will help create an atmosphere of tolerance and respect where bullying doesn't occur.
- Finally, in addition to talking with your own child, ask your child to talk to their friends about bullying. Your district should have educational programs in place to address bullying, but the more everyone in the district is aware of the potential for problems, the less likely it is that problems will occur.
Premier Representation for New Hampshire Bullying Victims
The Lento Law Firm was founded to help students. We know the law; we know the New Hampshire education system, and we're experienced. You can count on the firm's Student Defense Team to do everything in its power to protect you and your family and to hold your district accountable.
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.
