A family claims that an elementary school in California's Bay Area allowed harassment during its after-school program. Their claim alleges that the after-school program not only encouraged other students to bully a nine-year-old student, but a staff member retaliated against the student.

The ending of a school day doesn't reduce a school's obligation to protect its students. These protections extend to after-school and extracurricular activities. A school cannot avoid responsibility because bullying or harassment occurs at a school event outside of a classroom.

All students deserve to attend school free of fear of harassment. If your child is being bullied at school and the school is failing to prevent this mistreatment, The Education Law Team at the Lento Law Firm can help. We work with families nationwide to protect students and allow them to get the full benefit of their education. Call us at 888-535-3686 or fill out an online form.

Harassment and Retaliation

The family states that, in January 2024, a staff member with the school's after-school program told other students they could kick the boy whenever he cursed. The student was then kicked and stepped on whenever he said a swear word. Staff apparently observed the student being bullied.

A staff member allegedly locked the boy in a closet for over ten minutes. The school district fired the staff member, and this staff member was later arrested. The family claims that he retaliated against the student and left the student suffering emotional distress.

The school district, citing student privacy, said it's limited in what it can release to the media. The district did, however, say that the family should provide the public and media with documents that show the school attempted to collaborate with the district.

In Loco Parentis

During the school day and during school activities, including after-school programs, schools act in loco parentis. This means they essentially assume a parental role in caring for students.

If and when school staff harass or encourage harassment of a student, a school is failing in that responsibility. That a student has behavioral issues or acts out doesn't lessen a school's duty to any student.

While there is an understandable focus on cyberbullying these days, in-person bullying still occurs at schools. Students may be singled out for any number of reasons, and if a teacher or other staff member is encouraging that behavior, a school should be held accountable. Even a staff member witnessing but failing to act may mean a school has failed in their duty to a student.

Children Should Feel Safe at School

A child who feels unsafe or bullied at school is less likely to get the full advantages of their education. Schools have a duty to care for children during the school day and during after-school activities. If a school is failing in that responsibility, families have options for pursuing and resolving the issue.

The Education Law Team at the Lento Law Firm works with families throughout the United States to protect students' right to an education. We help our clients find child-centered solutions. Call us at 888-535-3686 or fill out an online form.