Bullying is a serious problem in our nation's schools for decades. In recent years, with increased awareness of the importance of mental health along with new technology, which has introduced our children to new forms of bullying, departments of education, school boards, school districts, and even lawmakers across the country are finally beginning to take bullying seriously. But even with federal and state laws in place and required protocols for educators, too many incidences of bullying are being reported in our K-12 schools, and many go unreported. Children in primary and secondary schools in Tennessee and across the country are physically and mentally suffering at the hands of their peers. And too often, the adults charged with keeping children safe turn a blind eye to these incidents far too often.
Tennessee schools owe their students a legal duty to protect students and keep them from harm. This includes protecting them from bullying. Students who are victims of bullying also have legal rights. Depending on their situation, they may:
- Seek administrative relief against the school district or school
- Invoke state and federal to investigate cases of bullying and sanction a school that fails to protect students
- File a lawsuit against a school in civil court for compensation for their damages and injunctive relief
Bullying is a serious problem in our elementary, middle, and high schools — and a problem that's completely preventable. Yet, too many children are being harmed in a place where they should feel safe. If your child is a victim of school bullying, your child deserves justice. Contact the Education Law Team at the Lento Law Firm today, and let us explain your legal options. We will fight for your child's rights. Call us at 888.535.3686 or reach out to us online to discuss your case, and let us explain how we can help.
The Problem with Bullying in Tennessee K-12 Schools
Bullying is a serious problem in U.S. schools. According to the National Bullying Prevention Center, one in five students report being bullied. This means that millions of students are affected by bullying each year. Bullying is also a significant problem in Tennessee K-12 schools. According to the National School Climate Survey, 21.7% of Tennessee students reported being bullied at school during the previous year. This is higher than the national average of 18.9%. While any child can be a victim of bullying, those more likely to be bullied by their peers are LGBTQ+ students and students with disabilities.
Bullying can take many forms, including physical violence, verbal abuse, social exclusion, and cyberbullying. It can happen anywhere at school, including in the classroom, on the playground, and online. And it can have a devastating impact on students' physical and mental health, as well as their academic achievement. Students who are bullied are more likely to experience anxiety, depression, and suicidal thoughts. They are also more likely to skip school or drop out altogether, according to the Centers for Disease Control and Prevention (CDC).
Tennessee Anti-Bullying Laws
Tennessee's anti-bullying laws are codified in Title 49, Chapter 6, Part 10 of the Tennessee Code Annotated (T.C.A.). In recent years, Tennessee has taken a number of steps to address bullying in schools. In 2013, the state passed the Safe Schools Act, which requires all school districts to adopt anti-bullying policies and procedures. The law also requires schools to provide training on bullying prevention for staff and students. School districts are required to review the policy at least once every three years and submit an annual report with the number of alleged and substantiated bullying incidents and the number and type of investigations completed.
Tennessee law also requires schools to adopt and implement anti-bullying policies and procedures. These policies must include the following elements:
- A statement that bullying is prohibited
- A definition of bullying
- A description of the types of behaviors expected from students
- Procedures for reporting and investigating bullying incidents
- Disciplinary consequences for violating the policy
Tennessee law also prohibits retaliation against students who report bullying or witness bullying.
Despite these efforts, bullying remains a problem in Tennessee schools. More needs to be done to create a safe and supportive learning environment for all students.
Tennessee's Bullying Definition
Tennessee law defines bullying as any act of harassment, intimidation, or bullying against a student by a teacher, administrator, other school employee, or student. Bullying can occur on school property, at a school-sponsored event, or on a school bus. It can also occur electronically through text messages, social media, or other electronic means.
The law specifically defines bullying as any act that:
- Substantially interferes with a student's educational benefits, opportunities, or performance; or
- Physically harms a student or damages a student's property; or
- Knowingly places a student or students in reasonable fear of physical harm to the student or damage to the student's property; or
- Causes emotional distress to a student or students; or
- Creates a hostile educational environment.
This definition is broader than some other state bullying laws, as it includes both physical and emotional bullying, as well as bullying that occurs electronically. It also includes bullying by school employees, which is not always covered by state laws.
Types of Bullying Identified by Tennessee Schools
Tennessee recognizes that bullying can take many forms and can occur at various levels of severity. Bullying can include:
Verbal Bullying
This involves name-calling, teasing, taunting, and using hurtful language to belittle or demean someone.
Physical Bullying
Physical bullying includes hitting, pushing, kicking, spitting, or any form of physical harm inflicted on a student by their peers.
Relational or Social Bullying
Also known as social aggression, this form of bullying involves deliberately excluding someone from a group, spreading rumors, gossiping, or damaging a student's reputation through manipulation and social tactics.
Cyberbullying
With the proliferation of technology and social media, cyberbullying has become a prevalent form of bullying. It involves using electronic devices, such as smartphones or computers, to harass, threaten, or intimidate someone. Cyberbullying can include sending hurtful messages, spreading rumors online, or sharing embarrassing photos or videos without consent.
Emotional Bullying
Emotional bullying targets a student's emotions and psychological well-being. It includes tactics like manipulation, humiliation, or intimidation designed to hurt someone's self-esteem and emotional stability.
Racial Bullying
This form of bullying is rooted in racism and involves targeting a student based on their race, ethnicity, or nationality with derogatory comments, slurs, or discrimination.
Sexual Bullying
Sexual bullying can encompass unwanted sexual comments, advances, or harassment. It can involve making explicit remarks, spreading sexual rumors, or engaging in inappropriate touching or gestures.
Homophobic or LGBTQ+ Bullying
This type of bullying targets individuals based on their sexual orientation or gender identity. It includes derogatory comments, exclusion, or physical and verbal abuse related to one's LGBTQ+ status.
Religious Bullying
Religious bullying involves targeting someone because of their religious beliefs or practices, often with derogatory comments, insults, or discrimination.
Disability Bullying
Students with disabilities may face bullying related to their physical or intellectual differences. This can include name-calling, exclusion, or making fun of their disabilities.
Appearance-Based Bullying
Students may be targeted for their physical appearance, including their weight, clothing, or any other physical attributes that bullies choose to focus on.
Tennessee Liability Laws Protecting Bullying Victims
Tennessee has a number of liability laws that protect bullying victims. These laws allow victims and their families to seek compensation from the bully, the bully's parents, or the school district, depending on the circumstances.
Liability of the Bully:
Under Tennessee law, bullies can be held liable for their actions, even if they are minors. This means that bullying victims can sue their bullies for damages, such as medical expenses, counseling costs, and emotional distress.
Tennessee law also holds parents liable for their children's intentional torts. This means that the parents of a bully can be sued for damages if their child bullies another student. However, there are some exceptions to this rule. For example, parents are not liable for their children's actions if they did not know or should not have known about the bullying.
School districts can also be held liable for bullying if they knew about the bullying and failed to take reasonable steps to stop it. For example, if a school district receives multiple reports of bullying and does nothing to address the issue, the school district could be sued for negligence.
In addition to these liability laws, Tennessee also has a number of laws that require schools to take action to prevent and address bullying. For example, Tennessee law requires schools to adopt and implement anti-bullying policies and procedures. Schools must also investigate reports of bullying and take appropriate disciplinary action against bullies.
Tennessee Governmental Liability Laws Protecting Bullying Victims
Tennessee governmental liability laws protecting bullying victims are found in the Tennessee Governmental Tort Liability Act (TGTLA), which is codified in Title 29, Chapter 20 of the Tennessee Code Annotated (T.C.A.).
Under the TGTLA, the state of Tennessee and its political subdivisions, such as school districts, are generally immune from liability for tort claims. However, there are a number of exceptions to this immunity, including one for claims arising out of the intentional torts of government employees.
This exception means that school districts in Tennessee may be held liable for the intentional torts of their employees, such as teachers, administrators, and other school staff, including bullying. For example, if a school employee is aware of bullying and fails to take reasonable steps to stop it, the school district could be held liable for the negligence of the employee.
Tennessee Private School Liability Protecting Bullying Victims
Tennessee private schools are not subject to the same governmental liability laws as public schools. This means that private schools in Tennessee have more immunity from lawsuits, including lawsuits arising out of bullying. However, private schools in Tennessee are still subject to general tort law, including the law of negligence. This means that private schools can be held liable for bullying if they knew about the bullying and failed to take reasonable steps to stop it. For example, if a private school receives multiple reports of bullying and does nothing to address the issue, the school could be sued for negligence. Similarly, if a private school employee is aware of bullying and fails to take reasonable steps to stop it, the school could be held liable for the negligence of the employee.
In addition, private schools in Tennessee may be subject to liability under their own contracts with students and parents. For example, if a private school has an anti-bullying policy in place and fails to follow its own policy, the school could be held liable for breach of contract.
Here are some additional things to keep in mind:
- Private schools in Tennessee are not required to adopt or implement anti-bullying policies. However, many private schools do have anti-bullying policies in place.
- Private schools in Tennessee are not required to report bullying to the Tennessee Department of Education.
- Bullying victims at private schools in Tennessee may have more difficulty finding legal representation than bullying victims at public schools. This is because many private schools have mandatory arbitration clauses in their contracts with students and parents. Mandatory arbitration clauses require disputes to be resolved through arbitration rather than through the court system. Arbitration can be a more expensive and time-consuming process than litigation, and it can be more difficult for bullying victims to prevail in arbitration.
Federal Anti-Bullying Laws Supporting Civil Liability
There is no federal law that specifically addresses bullying. However, there are a number of federal civil rights laws that can be used to support civil liability claims for bullying. The most important federal civil rights law for bullying victims is Title IX of the Education Amendments of 1972. Title IX prohibits sex discrimination in all schools that receive federal funding. Sex discrimination includes sexual harassment, which can include bullying based on sex, gender identity, or sexual orientation.
To bring a Title IX claim for bullying, a student must show that the bullying was based on sex and that it was so severe, pervasive, and objectively offensive that it created a hostile educational environment. A student may also be able to bring a Title IX claim if the school knew about the bullying and failed to take reasonable steps to stop it.
Other federal civil rights laws that may be used to support civil liability claims for bullying include:
- Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against students with disabilities in all schools that receive federal funding
- Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination against students with disabilities in public schools
- Title III of the Americans with Disabilities Act of 1990, which prohibits discrimination against students with disabilities in private schools
Compensation for Bullying Victims in Tennessee Schools
The compensation that a bullying victim in Tennessee schools may be entitled to depends on the specific circumstances of the case. However, some of the types of compensation that may be available include:
- Medical expenses: This includes the cost of treating any physical or mental health injuries caused by the bullying.
- Counseling costs: This includes the cost of therapy or other counseling services that may be needed to help the victim cope with the effects of the bullying.
- Emotional distress: This includes compensation for the pain and suffering caused by the bullying.
- Lost wages: This includes compensation for any wages that the victim's parents lost as a result of the bullying, such as if they had to miss work to take their child to medical or psychological appointments.
In addition to these types of compensation, bullying victims may also be able to obtain injunctive relief. Injunctive relief is a court order that requires the bully or the school to take certain actions, such as stopping the bullying or providing the victim with a safe educational environment.
Pre-Suit Steps at a Tennessee School for a Bullying Victim
There are a number of pre-suit steps that a bullying victim in Tennessee schools can take before filing a lawsuit. These steps include:
Reporting the bullying to a school official: This is the first and most important step. Bullying victims should report the bullying to a trusted adult at school, such as a teacher, counselor, or principal. School officials are required to investigate reports of bullying and take appropriate disciplinary action against bullies.
Documenting the bullying: It is important for bullying victims to document the bullying as much as possible. This includes keeping a record of the date, time, and location of each bullying incident, as well as the names of any witnesses. Bullying victims should also keep any evidence of the bullying, such as text messages, emails, or social media posts.
Requesting an accommodation from the school: Bullying victims may be able to request an accommodation from the school to help them cope with the effects of the bullying. For example, a bullying victim may be able to request to be moved to a different class or to be allowed to eat lunch in a different location.
Filing a complaint with the Tennessee Department of Education: If the school fails to take reasonable steps to address the bullying, bullying victims can file a complaint with the Tennessee Department of Education. The Tennessee Department of Education will investigate the complaint and may take action against the school if it finds that the school has violated state law.
Seeking legal counsel: If all other efforts have failed, bullying victims may need to consider filing a lawsuit. An attorney can help bullying victims understand their legal rights and options.
Pursuing a Tennessee Civil Action on Behalf of a Bullying Victim
If your child is a bullying victim and you want to pursue a civil claim on their behalf, a lawyer can play a crucial role in helping you navigate the legal process. Here are the steps and ways a lawyer can assist you in this situation:
- Advising you on your legal rights and options. An education lawyer can explain the laws that apply to bullying in your state and help you understand your child's rights. They can also advise you on the different types of legal action you may be able to take.
- Investigating the case. An education lawyer can help you gather evidence to support your claim, such as eyewitness statements, medical records, and school records. They may also interview witnesses and experts.
- Filing a Complaint. Your lawyer can help you file a formal complaint with the school district, Tennessee Department of Education, or other authorities. They will ensure your complaint is filed correctly and within the required time limits.
- Negotiating with the school district. An education lawyer can help you negotiate with the school district to resolve the matter without having to go to court. This may involve getting the school district to agree to take certain steps to protect your child from future bullying, such as implementing a bullying prevention program or providing your child with additional academic support.
- Representing you in court. If you are unable to resolve the matter through negotiation, an education lawyer can represent you in court. This may involve filing a lawsuit against the school district or defending against a lawsuit filed by the school district.
- Advocating on your behalf: An education lawyer can also help you understand the impact that bullying can have on your child's education and emotional well-being. They can also help you advocate for your child's needs to the school district.
- Offering Peace of Mind: Having a legal professional handle your bullying claim can provide you with peace of mind so you can focus on your child's physical and emotional recovery.
Legal Representation for Tennessee Bullying Victims
Bullying not only harms children physically, it can have a negative effect on their mental health. According to the CDC, children who are bullied face an increased risk of depression, anxiety, sleep problems, lower academic scores, and dropping out of school. Even more concerning is that the CDC found a link between bullying and teen suicide. No child should have to endure the immense emotional pain and repercussions of being bullied. Yet, too many children do in our schools.
The Tennessee Department of Education has passed laws and guidelines to help protect students, yet the problem of bullying still persists, not just in public schools but also in private ones. If your child is being bullied at their school, the school and the school district must intervene and do what they can to protect your child. But you can't trust them to carry through. You must act now to protect your child. Hire the Lento Law Firm's Education Law Team and begin fighting for justice on your child's behalf. Call us at 888.535.3686 or through our online form to get the skilled and experienced help you and your child need and deserve.
