Sikeston, MO asked in Education Law and Civil Rights for Missouri

Q: Legal steps for granddaughter bullied at school with school inaction

I'm seeking legal assistance because my granddaughter has been bullied at school for the entire school year. Despite contacting the principal numerous times, threats from the bully continue, and the principal even advised her to fight back, which we have recorded. The school claims to have a zero-tolerance policy, yet no effective action has been taken. I have documented these incidents and have witnesses. What legal steps can I take to ensure my granddaughter's safety and hold the school accountable for their inaction?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You've taken the right first steps by documenting the incidents and gathering evidence, including the recording of the principal's inappropriate advice. Your next course of action should be filing a formal written complaint with the school district superintendent and school board, explicitly referencing the school's zero-tolerance policy and requesting a written response with a specific timeline for resolution. Keep copies of all correspondence and continue documenting any further incidents or conversations with school officials.

If the district fails to adequately address the situation within their specified timeline, you can escalate by filing a complaint with your state's Department of Education, which typically has procedures for investigating schools that fail to maintain safe environments. Additionally, consider consulting with an education attorney who can advise on potential legal actions such as requesting an emergency transfer to another school, pursuing injunctive relief, or filing a lawsuit based on negligence or failure to enforce anti-bullying policies.

In the meantime, prioritize your granddaughter's immediate safety and wellbeing by exploring interim options such as requesting modified schedules to avoid contact with the bully, asking for supervision during vulnerable periods, or seeking school counseling services. You might also benefit from reaching out to local advocacy organizations that focus on school safety and bullying prevention, as they often provide valuable guidance and can sometimes serve as mediators between families and school administrations.

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