By Andra J. Hutchins
In two recent cases, federal courts in Massachusetts and New York have
addressed bullying in schools, and in both cases, the students overcame legal arguments by their respective districts. The Massachusetts case involves a regular education student who was bullied by classmates over the course of four years, through middle and high school. The New York case involves a special education student who was bullied in elementary school.
Bullying by classmates is the central theme in both cases; however, as with all bullying incidents, each case is unique. In this two-part blog series, I examine how different laws and statutes can help students and parents address bullying in school.
Title IX Claim Sticks in Bullying Case
The Massachusetts case addressed several laws; however, only the Title IX claim - the federal law that prohibits discrimination in school on the basis of sex - survived a motion to dismiss by the school, and will be allowed to proceed to trial.