Litigating Against Schools – Bullying Victims – Missouri

We expect schools to protect our children. Unfortunately, bullying is a continuous problem in primary and secondary schools nationwide. The

Show-Me state is not immune. Bullying can have lasting, detrimental effects on students' academic, emotional, and psychological well-being.

Missouri schools owe our children and their parents a legal duty to protect them from harm. And this includes bullying. Bullying victims in Missouri K-12 schools and their parents and guardians have the right to demand accountability and action from schools that fail to address bullying effectively.

The Lento Law Firm's experienced Education Law Team is dedicated to providing comprehensive guidance and legal support to those who have been victims of bullying, as well as their families. No child should suffer in silence. Every parent has the right to advocate for their child's safety in school, and we can help you navigate the complex landscape of education law and ensure that the rights of your student are protected. Contact the Education Law Team at Lento Law Firm today at 888.535.3686 or through our online form to discuss your case and your legal options.

The Problem with Bullying in Missouri K-12 Schools

Bullying is a serious problem, whether you call it teasing, harassing, or hazing. And it's surprisingly common. According to the National Center for Education Statistics, nearly a quarter of all U.S. K-12 students ages 12-18 who were polled said they were bullied last year. That statistic rings with what the Missouri High School Risk Behavior Survey found. It also showed cyberbullying — harassment through texting or social media platforms like Instagram and Facebook — to be an increasing problem in the state.

Why should we be concerned about bullying in our nation's primary and secondary schools? Students who are bullied are more likely to suffer from depression, anxiety, and suicidal thoughts. They're also more likely to have lower grades and lower attendance rates. This is according to a report by the U.S. Centers for Disease Control and Prevention (CDC).

Missouri Anti-Bullying Laws

Missouri has put in place Anti-Bullying Laws that require all school districts to adopt anti-bullying policies and procedures, which include:

• Provide education and information to students regarding bullying, including information regarding the school district policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to address bullying.
• Implement programs and other initiatives to address bullying, including violence prevention instruction for all students and staff that includes information on preventing and responding to illegal harassment and bullying.
• Respond to bullying in a manner that does not stigmatize the victim, and to make resources available to victims of bullying.
• Instruct school counselors, school social workers, and other mental health professionals to educate students who are victims of bullying on techniques for students to overcome the negative effects of bullying.

School districts are also required to report any proven or alleged bullying incidents to the Missouri Department of Elementary and Secondary Education (DESE).

Parents who are concerned that their child may be a victim of bullying in their Missouri K-12 school should immediately report the incident to the school administration. You can also contact the Missouri Department of Elementary and Secondary Education for resources for victims of bullying.

Missouri's Bullying Definition

The State of Missouri defines bullying as "intimidation or harassment that causes a reasonable student to fear for his or her physical safety or property; substantially interferes with the educational performance, opportunities, or benefits of any student without exception; or substantially disrupts the orderly operation of the school."

Missouri identifies the following types of bullying.

Bullying in K-12 schools can take various forms and may manifest in different ways. Here are some common examples of bullying in K-12 schools:

Verbal Bullying:

• Name-calling, insults, and derogatory comments directed at a student.
• Spreading rumors or gossip about someone.
• Teasing or taunting based on a student's appearance, speech, or other personal characteristics.

Physical Bullying:

• Hitting, punching, kicking, or physically harming another student.
• Damaging or stealing a student's belongings.
• Tripping or pushing someone.

Cyberbullying:

• Sending hurtful or threatening messages through social media, text messages, or email.
• Creating fake profiles to impersonate or harass a peer online.
• Posting embarrassing or inappropriate content about someone on the internet.

Social Bullying:

• Excluding a student from social activities or deliberately isolating them.
• Manipulating friendships or turning peers against a particular student.
• Spreading malicious lies or secrets to damage someone's reputation.

Sexual Harassment:

• Unwanted sexual comments, advances, or gestures.
• Inappropriate touching or physical harassment of a sexual nature.
• Sending explicit content or sexting without consent.

Racial or Ethnic Bullying:

• Targeting a student because of their race or ethnicity with slurs, stereotypes, or discriminatory behavior.
• Making racist jokes or comments.

Religious Bullying:

• Ridiculing or discriminating against a student based on their religious beliefs.
• Making offensive comments or gestures related to someone's faith.

Homophobic or Transphobic Bullying:

• Using derogatory language or slurs to target LGBTQ+ students.
• Engaging in discriminatory behavior based on a student's sexual orientation or gender identity.

Disability Bullying:

• Teasing or making fun of a student with disabilities.
• Excluding or isolating a student because of their special needs.

Verbal and Psychological Bullying:

• Threatening a student.
• Intimidating or coercing a peer.
• Manipulating, controlling, or dominating someone emotionally.

Missouri Liability Laws Protecting Bullying Victims

Missouri's anti-bullying regulations lack specific provisions for holding school officials civilly liable when they fail to fulfill their anti-bullying responsibilities. These laws also do not grant immunity to school officials. Instead, victims of bullying must turn to Missouri's statutory government liability laws and the conventional principles of tort law (personal injury law) that govern government liability. When applied in tandem, these laws can potentially enable bullying victims to seek financial compensation in certain instances. State governments typically assert sovereign immunity, restricting lawsuits against state agencies to situations allowed by state law. Fortunately, Missouri law does permit the pursuit of bullying claims under specific circumstances. Allow our legal team to investigate, assess, and advocate for your student's liability claim related to harm caused by bullying in Missouri schools.

Missouri Personal Injury Laws Protecting Bullying Victims

The Missouri Tort Claims Act (MTCA) may also potentially allow you to pursue legal action against your child's school for harm caused by bullying. However, the Act doesn't directly specify whether you have a valid claim. To determine the viability of your claim, you need to refer to Missouri's personal injury laws, which cover various types of tort claims. The primary tort claim, if you're seeking compensation for your child's bullying-related injuries, is negligence. Negligence, in this context, refers to the school's failure to exercise reasonable care in safeguarding your child.

Instances of negligence could involve school staff, teachers, principals, and other school authorities not reasonably:

• Monitoring classrooms, common areas, and playgrounds to prevent bullying.
• Taking prompt action to address and halt bullying incidents.
• Separating students engaged in bullying from their victims.
• Shielding bullying victims from further harm.
• Adhering to school protocols for handling bullying complaints.
• Conducting thorough investigations of bullying complaints.
• Preventing and deterring any retaliation against those who report bullying.

Negligence isn't the sole potential basis for your child's claim. If teachers or other school officials were directly involved in the bullying, your child might also have grounds for other tort claims such as assault, battery, intentional infliction of emotional distress, defamation, and invasion of privacy. Additionally, the school itself could be held vicariously liable for the negligent or wrongful actions of its teachers and other employees. To identify the specific legal avenues for your child's bullying claim, we recommend consulting with our attorneys, who can conduct a thorough investigation.

Missouri Private School Liability Protecting Bullying Victims

Missouri private schools are not subject to the same liability laws as public schools but can still be held liable for bullying in certain circumstances.

As with public schools, private schools can be held liable for bullying through the theory of negligence and for failing to take reasonable steps to prevent or respond to a complaint of bullying. They can also be held liable for bullying through the theory of intentional infliction of emotional distress. This occurs when someone engages in conduct that is intended to cause severe emotional distress to another person.

And, like public schools, private schools can also be held liable if a bully violates the student's civil rights and targets a student because of their race, religion, or disability.

Federal Anti-Bullying Laws Supporting Civil Liability

No federal law explicitly bars bullying while establishing a legal avenue for individuals to seek compensation from schools for bullying-related injuries. Typically, in the context of ordinary bullying within Missouri's public or private elementary or secondary schools, the legal recourse lies in Missouri state law rather than federal law. However, it's worth noting that bullying often occurs alongside discriminatory actions that are prohibited by federal laws. These federal laws, often in conjunction with 42 USC Section 1983 or other statutes, can create a legal pathway for pursuing monetary damages on behalf of your child. Some of the key federal anti-discrimination laws include:

• Title IV of the Civil Rights Act of 1964 provides equal protection to public school students against discrimination based on race, color, religion, sex, or national origin.
• Title VI of the Civil Rights Act of 1964 safeguards against race, color, or national origin discrimination in all schools, whether public or private, that receive federal financial assistance.
• Title IX of the Education Amendments of 1972 offers protection against sexual assault, sexual harassment, stalking, dating violence, and domestic violence in schools, both public and private that receive federal financial assistance.
• Section 504 of the Rehabilitation Act of 1973 ensures equal access to education for students with disabilities and prohibits discrimination based on disabilities.
• Title II of the Americans with Disabilities Act (ADA) mandates schools to reasonably accommodate students with disabilities.
• The Individuals with Disabilities Education Act (IDEA) guarantees free and appropriate public education to students with disabilities.

Mere bullying, on its own, is generally insufficient to support a civil lawsuit for monetary damages against the school under these federal laws. Typically, you need to establish a connection between the bullying and a protected category or characteristic. You must generally provide evidence that the bully's actions were motivated by bias related to your child's race, color, national origin, religion, sex, disability, or another protected attribute. Additionally, you must typically demonstrate that the school was aware of the unlawfully discriminatory bullying behavior, either through your complaints, your child's complaints, or reports from others, and deliberately neglected to address it, thereby violating your child's federal rights. Like state law civil liability, federal civil liability is a complex matter that demands skilled and experienced legal representation.

Compensation for Bullying Victims in Missouri Schools

When Missouri law permits a claim against a public or private elementary or secondary school for bullying-related liability, the victim of bullying is typically entitled to receive compensatory damages. Compensatory damages encompass all the losses that naturally and predictably result from the bullying incident. These losses may encompass various expenses such as medical bills, the replacement of damaged eyeglasses, backpacks, books, and clothing, as well as the costs of counseling. If your child was employed and their ability to work was impacted by the bullying, they can also seek compensation for lost wages and diminished earning capacity. Parents can also recover lost income if they have to take time off work to take their child to medical or psychotherapy appointments related to their bullying.

In addition to economic damages that are straightforward and easily substantiated, your child may also be eligible to claim non-economic damages. These non-economic damages may include pain and suffering, emotional and mental distress, embarrassment, humiliation, fear, and a diminished quality of life. While economic damages are often quantifiable, non-economic damages can often far exceed the financial losses incurred. Civil courts award non-economic damages in the form of monetary compensation, which means that your child may receive a substantial recovery even if you and your child haven't experienced substantial out-of-pocket expenses.

Pre-Suit Steps at a Missouri School for a Bullying Victim

Missouri schools have the authority to settle civil claims, potentially for monetary damages, before you can file a lawsuit. It is to your advantage to retain legal counsel as these processes have important steps that must be followed carefully. The first step involves contacting your child's school administrator or principal to report the bullying incident. You'll want to be sure to document the details of the incident, including dates, times, locations, and the names of those involved.

Each school or school district may have its own anti-bullying policy. Familiarize yourself with the school's policy, which should be available on the school's website or through the school office. This policy will outline the school's procedures for addressing bullying complaints. Many schools will ask you to submit a written complaint detailing the bullying incident. Be as specific and detailed as possible in your complaint. Include any evidence you may have, such as emails, texts, or witness statements.

The school should conduct a thorough investigation into the bullying complaint. They will interview the individuals involved, gather evidence, and assess the situation. Once the investigation is complete, the school will determine an appropriate resolution. This may involve disciplinary actions against the individuals responsible for the bullying. The school should also communicate with you about the outcome and any actions taken. Your lawyer will continue to communicate with the school to ensure that the bullying issue is resolved to your satisfaction. The school may implement strategies to prevent further incidents and monitor the situation.

If your lawyer believes the school is not adequately addressing the issue, they may need to escalate the complaint to the school district's central office or superintendent. I

Pursuing a Missouri Civil Action on Behalf of a Bullying Victim

To pursue a Missouri civil action on behalf of a bullying victim, you will need to file a lawsuit in the appropriate court. The first step is to consult with an attorney to discuss your case and to determine whether you have a legal basis for a lawsuit. If you do, as your legal advisor, the Lento Law Firm's Education Law Team will help you file the lawsuit and prepare for trial.

Our is knowledgeable about the laws and regulations governing schools and educational institutions and can provide guidance on your rights and options, as well as the responsibilities of the school in addressing bullying cases. We can evaluate the specifics of your child's bullying case, including the evidence, documentation, and circumstances, help you determine the strength of your case, and advise you on the most appropriate course of action. We will advocate on your behalf with school administrators, teachers, and other relevant personnel to ensure your child's case is taken seriously and handled appropriately. To ensure this, we will attend meetings with school officials and represent your interests.

Our education lawyers can develop a legal strategy tailored to your child's situation. This may include exploring options such as filing a complaint, pursuing a due process hearing, or taking legal action against the school if necessary. We will guide you in collecting and preserving evidence related to bullying, including witness statements, records of incidents, and any relevant correspondence. This evidence is crucial for building a strong case. If your child has a disability and is being bullied, we can ensure your child receives any necessary special education accommodations to address the impact of the bullying on their education.

If the school fails to adequately address the bullying issue, as your legal counsel, we can file a lawsuit on your behalf to seek legal remedies and damages, if applicable. If you disagree with the school's response to your child's bullying case, we can help you file appeals or grievances as needed and ensure your child's rights are protected.

Legal Representation for Missouri Bullying Victims

Bullying can scar children physically, mentally, and academically. It can have long-lasting and sometimes devastating effects. The CDC recently reported finding a link between bullying and teen suicide. No child in our primary and secondary schools should have to endure harassment in a place designed to protect them from harm. Yet, too many of our students are bullied every day, not just in Missouri but across the country. If your child is a victim of bullying in their school, don't turn a blind eye. You must stand up and fight on your child's behalf. It is crucial to their safety, well-being, and future. Seeking justice on your child's behalf can also send a message to the school, the bullies, and the victims of these senseless attacks. Don't let your child suffer in silence. Stand up for their rights today by calling the Lento Law Firm's Education Law Team.

The experienced and dedicated Education Law Team at the Lento Law Firm will advocate for you and your child's rights. We aim to drive positive change and ensure that the torment of bullying mars no student's educational journey. We want to empower families, students, and educators with the legal tools, knowledge, and support they need to combat this deeply concerning issue in Missouri's K-12 schools and schools across the country. We firmly believe that every child deserves a safe and nurturing educational environment where they can reach their full potential and thrive.

If your child is a victim of bullying in a Missouri school, you and your child deserve justice. By understanding your rights, seeking justice, and advocating for the well-being of your student, you help create a safer and more inclusive educational system for all. The Lento Law Firm's Education Law Team is here to stand by your side, fight for your rights, and champion the cause of ending bullying in our K-12 schools. Contact Law Firm's Education Law Team today at 888.535.3686 or through our online form to learn how we can be your partners in pursuing justice, holding schools accountable, and ensuring a brighter future for Missouri's students.