Sending your child to school every day when you know they've been bullied can be an agonizing experience. You hope that the school has done something to put a stop to the bullying, and you may spend your day wondering whether your child is having a good day at school or whether they're being tormented once again by one or more student bullies. And while Idaho schools are required by law to take steps to stop bullying, sometimes they fail to live up to their obligation to do so. When that happens, the Lento Law Firm Education Law Team is here to help. Call us at 888.535.3686 or set up a consultation using our contact form to learn more about how our experienced attorneys can help protect your child.
The Problem of Bullying in Idaho's K-12 Schools
Idaho has had anti-bullying laws in place for a number of years, and yet, according to a 2021 Youth Risk Behavior Survey, as many as 24% of Idaho female and 18% of male high school students surveyed reported having been bullied on school property during the previous 12 months. According to the survey, unchecked bullying can have serious effects on the targeted student, including increased levels of depression, loneliness, anxiety, low self-esteem, physical ailments, and suicidal thoughts. In some tragic cases, bullying can prompt distressed children to attempt or commit suicide.
If your child has been bullied at school, it's important to pay close attention to how their school is dealing with the situation. When schools fail to follow their own anti-bullying policies, they violate Idaho law and, more importantly, fail their students. That's where parents and guardians – and the Lento Law Firm Educational Law Team – can help. By taking a strong position in discussions with the school about the problem and, where necessary, filing claims and lawsuits focusing on the school's failure to act, you can make a difference not only for your own child but for other students who may be suffering because of the school's failures.
Idaho Anti-Bullying Laws
Idaho law requires public school districts to have rules in place for disciplining students who harass, intimidate, or bully other students. Schools are required to inform teachers, parents, and students of these policies at the beginning of each school year. They must also provide “ongoing professional development” for school employees on ways to prevent bullying and related types of behavior and must report bullying incidents to Idaho's Department of Education each year. That said, there is no requirement that any school or school district post anti-bullying information or instructions on how to report bullying on its website.
Idaho law also makes bullying an offense but not a crime. Students and minors on school property who commit acts of “harassment, intimidation, or bullying against another student” can be found “guilty of an infraction.” An infraction in Idaho is a “civil public offense,” with a maximum possible fine of $300. There is no jail time associated with an infraction.
Idaho's Bullying Definition
Idaho law defines bullying, harassment, and intimidation as essentially the same thing. They mean:
- Any intentional gesture; written, verbal or physical act; or threat
- That would have the effect of:
- Harming the student
- Damaging the student's property
- Making the student fear that they will be harmed or that their property will be damaged
- And it is so “severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the student.”
The definition applies to acts committed “on school property or at school activities, and includes bullying acts that are committed in person, by phone, or over the Internet. Students who commit bullying, intimidation, or harassment against another student are guilty of an infraction, which again is a civil penalty and not a crime.
The broad definition of bullying in Idaho can cover a number of types of misconduct, including:
- Threatening to hurt a student or their property, or actually doing so;
- Encouraging others to participate in bullying a student;
- Using some aspect of a student – such as their race, ethnicity, religion, country of origin, sex or sexual orientation, or disability as the basis for bullying comments made to or about the student;
- Posting or circulating private information, including images, about the student in an effort to embarrass, humiliate, or degrade the student.
While Idaho law doesn't specifically prohibit bullying that takes place off-campus and away from school events, where older children are concerned, it's very likely that bullying activity that may originally occur online but off-campus will be circulated, spread, or re-committed while the students are using their mobile devices on-campus.
Idaho Liability Laws Protecting Bullying Victims
Idaho law does not create a special remedy for bullying victims. Children who are injured, whether mentally or physically, by bullying still have remedies, however, through civil tort claims that can be brought against schools, school districts, school employees, and sometimes against the bullies themselves. In the case of suits against schools, school employees, or school districts, there are special procedures that must be followed before the suit can be filed. A lawsuit against a bully who is a minor will typically need to be filed against the parents of the bully. Both of these situations involve special procedures that the Lento Law Firm Education Law Team understands and has experience with. Contact us to learn more about how they operate and what we can do to help.
Bringing a Lawsuit Against a School or School District on Behalf of a Bullying Victim
Idaho restricts the types of lawsuits that can be brought against governmental entities, including school districts. At the same time, it does permit a number of different types of lawsuits, but only if the governmental entity has received advance notice of the claim that is being brought. There are specific procedures that apply to serving a so-called “notice of claim” on a government entity such as a school district. The notice will need to describe what the basis of the claim is and will also need to state the amount of damages that are being sought. It will need to be served in a certain way and within a certain time period.
The Lento Law Firm Education Law Team understands Idaho's notice of claim requirements in cases where you may have a claim against your child's school. We will work with you to collect the information we need to prepare and submit a claim to the school district and will make every effort to ensure that it's done within the notice periods that apply in these kinds of cases.
Only after the school district denies your claim may you then bring a lawsuit against the school district that is based on the grounds set forth in the claim that was served on the district. That's why it's so important to make sure the notice of claim is properly drafted; if you happen to leave out a potential claim against your child's school when you serve the notice of claim, that can prevent you from including it in your lawsuit.
Potential Lawsuit Defendants for Idaho School Bullying
The school district where the school your child is bullied is the most obvious defendant in a school bullying lawsuit. However, depending on the circumstances, the lawsuit may also want to name individual school employees as defendants when those employees were the ones responsible for failing to properly respond to the bullying reports. While in almost every case, those employees will be indemnified by the school district from actually being held personally liable for their actions, naming the employees can be an effective way to help change the school's practices and can also make it easier to secure documents and information from those key employees.
Another potential defendant in a bullying lawsuit is the bully themselves. In almost all cases, it's the parents of the minor child who will be named as defendants in a case based on the bullying actions of their child.
Who to name as a defendant in a bullying lawsuit is a tactical decision that is based heavily on the facts of the situation. The Lento Law Firm Education Law Team can review those facts with you and will be able to suggest which defendants would be most appropriate to name.
Idaho Personal Injury Laws Protecting Bullying Victims
As noted above, while Idaho doesn't have laws that create specific anti-bullying remedies for bullying victims, the state's personal injury laws do provide remedies if your child has been injured (physically or mentally) as a result of bullying at school.
One possibility is a negligence suit against the school and school personnel, based on their failure to take effective steps to put a stop to bullying that had been reported to the school. When those negligent acts mean the bullying continues, and the continued bullying harms your child, you may be able to allege that one cause of that harm was the school's failure to take appropriate action to enforce Idaho law and the school or school district's own anti-bullying policies.
In some cases, the bully is a school employee and not a student. In these situations, too, there may be two claims: one against the school or school district for negligently supervising the employee and a direct claim against the employee for harming your child. As will be discussed below, in situations where the school allows the student to be bullied based on their sex, race, ethnicity, religion, or disability, there may also be a federal remedy against the school.
A claim against the bully can depend on the type of bullying that took place. Physical attacks can be the basis for tort claims based on assault, battery, and physical harm. Verbal attacks may support a claim for intentional infliction of emotional distress.
Deciding what claims to bring in any lawsuit can be difficult. It helps tremendously to be able to rely on the knowledge and experience of a seasoned education law attorney, such as one of those who are part of the Lento Law Firm Education Law Team. Our lawyers will review your child's case with you and will use their background and experience to help craft an effective complaint that will protect your child's rights while helping them secure compensation for the injuries they've suffered.
Idaho Private School Liability to Bullying Victims
Private schools in Idaho aren't bound by the same anti-bullying requirements as public schools. But in most cases, those schools will have handbooks or codes of conduct that describe the anti-bullying rules and procedures that the school has elected to adopt. When private schools fail to enforce their own rules, the school and school employees can be held accountable in situations where a student is harmed as a result.
Private schools aren't bound by Idaho's notice of claim requirements that apply in situations where a public school is being sued, so these kinds of lawsuits can normally be filed immediately. The Lento Law Firm Education Law Team can help you in cases where your child's private school has failed to react effectively to bullying reports.
Federal Anti-Bullying Laws Supporting Civil Liability
While federal law doesn't provide a specific remedy to children harmed by chronic bullying at school, there are a number of laws that, in certain circumstances, can be used to secure relief based on a violation of federal protections against discrimination. Because, in many cases, bullying behavior goes hand-in-hand with discriminatory intent against a particular student, taking advantage of the so-called “private right of action” that these laws offer can be an effective way of bringing serious bullying issues to the school's attention and securing remedies for the harm caused to your child. Here are some of the federal laws that create a “private right of action” that may apply in a bullying case:
- Section 1983 of the Civil Rights Act of 1964 permits anyone – including a child – who has had their civil rights violated by the government (or a government official, including a school administrator or employee) to sue for that violation. This protects “any rights, privileges, or immunities secured by the Constitution and laws” and can apply in situations where bullying directly affects the student's ability to secure the education promised by law
- Title IV of the Civil Rights Act of 1964 prohibits. This prohibits schools from discriminating based on “race, color, religion, sex or national origin.” It may apply in some situations where a school is aware that a bully is using words or actions that show that the bully is targeting the student for discriminatory reasons and where the school fails to take steps to stop it.
- Title IV of the Civil Rights Act of 1964 prohibits discrimination by any entity that receives federal funding – as most public schools and some private schools do. When a school acts unequally when taking steps to stop bullying, so that some bullying is stopped and some isn't, and where the school's actions make it appear as though it is acting in a discriminatory way, the school might be subject to suit on these grounds.
- Title IX of the Civil Rights Restoration Act of 1987 is well-known to many people because it's been the basis for requiring colleges to provide equal opportunities to male and female athletes. It has many other consequences, however, including guaranteeing students “an educational environment free from discrimination on the basis of sex.” Title IX might support a federal lawsuit based on bullying that the school permits that include sexual assault, sexual harassment, or other words or actions that focus on the sex or sexual orientation of a student who is the target of the bullying.
- Section 504 of the Rehabilitation Act of 1973 protects students who have defined disabilities. It applies to schools that receive federal funding, which in some cases can include private schools. When the school fails to take steps to prevent students from bullying a student who has a disability, this provision may offer a federal remedy.
- Title II of the Americans With Disabilities Act prohibits public schools, as well as other public entities, from discriminating against disabled students. Schools are required to provide “reasonable accommodations” to students with disabilities. When the school fails to do so, and that failure means that the student is exposed to situations that encourage bullying, and the school fails to address the situation, the school may be sued under this federal law as a result.
- The Individuals With Disabilities Education Act requires schools to provide a “free appropriate public education” to students with disabilities. Here, too, where the school fails to do so and, as a result, puts the disabled student in a position to be the target of discriminatory bullying, the school may be held accountable through a lawsuit based on this law.
One thing that these potential federal remedies have in common is that there must be some kind of discriminatory intent behind the bullying that the school fails to remedy. As a result, a successful claim based on one of these federal laws will require a showing that there was some connection between what the law protects – whether it's protection against sexual discrimination or protection for disabled students – and the type of bullying that happened, or the school's failure to act to protect the bullied student. These types of claims can be difficult to establish, but when they are a lawsuit based on one of them, it can be a very powerful way to help remedy a serious bullying situation. The Lento Law Firm Education Law Team can help you review your child's bullying situation, and can advise you on whether there may be any grounds for a federal lawsuit.
Compensation for Bullying Victims in Idaho Schools
Civil lawsuits seeking to recover damages for bullying typically will ask for two types of damages. Compensatory damages are ones that seek to recover for what the bullying has cost you or your child. This can include, for example, medical expenses, rehabilitation costs, therapy fees, and costs to repair or replace property damaged or stolen by the bully.
Non-economic damages may also apply. These cover things like pain and suffering, emotional distress, humiliation, embarrassment, and other types of mental harm. In some cases, non-economic damages can be significantly higher than economic damages.
Under Idaho law, there is a $500,000 cap on damages against a public entity “as the result of any one (1) occurrence.” That said, depending on the bullying situation, your child may have experienced multiple “occurrences” of the bullying that may entitle them to more than that, or the school may have repeatedly neglected to follow its own anti-bullying requirements, which may also boost that potential damage amount. Whether this is possible depends very much on the facts of each case and is an area where the Lento Law Firm Education Law Team can advise you based on your child's particular situation.
Pre-Suit Steps to Take with Your Idaho School When Your Child is Bullied
If you learn that your child has been bullied at school, contact the school about it immediately. After that, stay in touch with the school to make sure the bullying is being addressed. And keep a record of your communications with the school about this important matter. If you speak with a school employee, whether in person or on the phone, write down the date, time, who you spoke with, and a summary of what you and they said. If your communications are by email, save them. This can help you tremendously in the event your child's school fails to take effective steps in line with its own policies to put a stop to bullying.
It's also important that you be able to show that you gave the school a chance to stop the bullying before you got to the point of filing a lawsuit. This can be difficult to do when your child is going to school and is getting bullied even after you report it, and there is no hard and fast rule that says when your child has experienced enough bullying for a lawsuit to be justified. But by keeping in frequent contact with the school about the situation and keeping records of those contacts, you'll be in a better position to make a strong case on behalf of your child if you do need to file a lawsuit based on the school's inaction.
Pursuing an Idaho Civil Action on Behalf of a Bullying Victim
When your child's school doesn't take appropriate steps to stop your child from being bullied, it may be time to file a lawsuit that will make the school understand how serious the situation is. When you and your child have reached this point, it means they've likely suffered a lot at the hands of their bully or bullies, and you will want your lawsuit to be as effective as possible.
The Lento Law Firm Education Law Team understands this. We'll help you understand what your options are based on your child's situation. Where a notice of claim must be served on the school district, we'll draft and serve it after reviewing the facts with you to make sure the notice is as comprehensive as possible. If the claim is denied – as many are – or if the claim is against a private school or a bully, we will then prepare a comprehensive complaint and file it with the appropriate court.
After that, the lawsuit is likely to proceed as most others do. There may be motions filed by the defendants to reduce or modify the claims in the complaint, which we will oppose on your behalf. There will likely be a period of discovery, where it's our job to make sure we get all of the information about the situation from each of the defendants and others who may have relevant information about the bullying.
There are almost always settlement discussions where we will participate on your behalf but where you will have the final say on whether to accept or reject a settlement offer. If the case goes to trial, we'll forcefully advocate for you and your child and will use our experience to try to secure a favorable verdict that may result in the school changing its approach to enforcing against bullying while compensating your child for the damages they've suffered.
Defending Disciplinary Charges Against a Bullying Victim
Sometimes, bullying victims feel they must take action to protect themselves against their bullies. It's not unheard of for this to result in misconduct allegations against the bullied student, sometimes in situations where the bully isn't punished for their behavior. The Lento Law Firm Education Law Team has helped students all over the country defend themselves in school misconduct proceedings. We understand how they work and how they aren't always fair to the accused students. We're here to help remedy that, and to make sure that in all student misconduct situations – including those where a bullied student is being disciplined for protecting themselves – the student's rights are respected by the school. Call us if your student finds themselves in this difficult type of situation; we can help.
Helping Your Student Avoid Idaho School Bullying
The best thing you can do for your child when they're being bullied is to listen and let them know that you are there for them. Children who are bullied in school are frequently embarrassed by the situation and are nervous that they're somehow responsible for the bully's acts. If they know that you, as their parent or guardian, are there for them, they will be more likely to let you know when bullying is happening. They'll also know that they aren't going through the situation by themselves, which can help tremendously with how they react to it.
From the school's perspective, it's important that you report the bullying each and every time that you hear of it and that you keep records of those reports. The school deserves a chance to do the right thing, but you also need to make sure that you're ready to take action in case it doesn't.
Premier Representation for Idaho Bullying Victims
The Lento Law Firm Education Law Team is here for you and your student in situations where bullying is getting out of hand and your child's school is not taking effective steps to stop it. Once we understand the details of your child's situation, we will advise you about all of your options – whether they include more interaction with school employees or serving the school district with a notice of claim and moving forward with a lawsuit. Our experienced education law attorneys have helped families all over the country, including in Idaho. We understand how difficult bullying situations are for you and for your child. Our goal is to do what we can as lawyers to help fix the situation and help you and your child recover from the damages they've suffered.
School bullying needs to be stopped as quickly as possible. Call us today at 888.535.3686 or use our contact form to set up a consultation to learn more about what the Lento Law Firm Education Law Team can do to help.
