Addressing School Bullying in Pennsylvania & New Jersey: Legal Remedies for Victims and Families | Edelstein Law
Addressing School Bullying and Legal Remedies for Victims and Families
Matthew Edelstein, Edelstein Law’s Blog: The Jurist Journal
Bullying in schools is not only a heartbreaking social issue but also a legal matter that can severely impact the well-being of children and families. Pennsylvania (PA) and New Jersey (NJ) have specific laws addressing school bullying and protecting students. Unfortunately, navigating these legal waters can be complex, especially involving issues like sovereign immunity or proving school negligence. This comprehensive guide explores the legal options for holding the bully and the school accountable, discusses how parents can identify signs of bullying, and explains sovereign immunity in Pennsylvania (PA) and New Jersey (NJ)—plus ways to overcome it. If your child is enduring bullying, the attorneys at Edelstein Law are here to help you understand your rights and protect your family’s best interests.
A. Analyzing the Legal Options to Hold the School and Bully Accountable
1. Understanding Anti-Bullying Laws in Pennsylvania and New Jersey
Both Pennsylvania and New Jersey have enacted legislation to safeguard children from bullying:
• Pennsylvania’s Anti-Bullying Statute: PA law requires each school district to adopt anti-bullying policies. If a school fails to implement or follow these policies, it could be held accountable for neglecting its duties.
• New Jersey’s Anti-Bullying Bill of Rights (ABR): NJ is recognized for having one of the strongest anti-bullying laws in the country. Under this law, schools must investigate any reports of harassment, intimidation, or bullying (HIB).
They are also required to establish strict procedures and consequences for such behavior.
In both states, parents have the right to request a copy of the district’s anti-bullying policy, attend board meetings where bullying policies are discussed, and demand action if their child’s complaint is not handled appropriately.
2. Holding the Bully and Their Parents Responsible
In severe cases of bullying—whether physical, verbal, or online (cyberbullying)—the bully (and potentially their parents) can be held legally responsible. Depending on the facts and severity of the bullying, possible legal routes include:
• Civil Lawsuits for Damages: Victims can pursue damages for emotional distress, therapy costs, or other harm caused by bullying.
• Restraining Orders: Parents can seek legal protection through restraining or protective orders if a child’s well-being or safety is in jeopardy.
• Criminal Charges: Physical assault or repeated cyber threats may rise to the level of criminal conduct. Law enforcement can be involved in these cases, and charges may be filed against the bully.
3. Pursuing the School’s Liability
When a school is aware (or should have been aware) of persistent bullying and fails to intervene, it may be liable for negligence. Some scenarios where a school’s liability may arise include:
• Failure to Supervise: If the bullying occurred during school hours or on campus and there was inadequate supervision, the school might be held responsible.
• Inadequate Bullying Policy: If the school did not have a proper anti-bullying policy, or if the staff did not follow standard reporting and investigating procedures, the school could be deemed negligent.
• Retaliation: They can face legal repercussions if the school administration retaliates against the student or parents for reporting bullying (e.g., by ignoring further complaints, labeling the child as a “troublemaker,” or indirectly discouraging future reports).
Proving school liability often involves demonstrating that the school knew or should have known about the bullying and failed to take reasonable steps to address or prevent it.
B. How Parents Can Identify Signs of Bullying and What to Do
1. Recognizing Early Warning Signs
Bullying isn’t always blatant. Children may hide their distress out of fear, embarrassment, or confusion. Common signs include:
• Changes in Behavior: Sudden withdrawal, mood swings, loss of interest in activities.
• Unexplained Injuries or Lost Items: Bruises, torn clothing, or missing personal belongings.
• Shifts in Academic Performance: Decline in grades, lack of concentration, or reluctance to attend school.
• Physical Complaints: Frequent headaches, stomachaches, or feigning illness to avoid school.
• Emotional Distress: Increased anxiety, depression, or low self-esteem.
2. Taking Action
If you notice any of the above signs, consider these steps:
1. Document Everything: Record incidents, including dates, times, and witnesses. Screenshots of texts, social media posts, or emails can also be crucial evidence.
2. Communicate with Your Child: Encourage open dialogue. Ask questions about their day, friends, and experiences to gauge any emerging patterns of bullying.
3. Report the Bullying: Contact the school’s counselor or principal immediately. Submit your complaint in writing and request a copy of the school’s anti-bullying policy.
4. Follow-up: Ensure the school is investigating the situation. If the bullying persists, escalate the matter to the district superintendent or school board.
5. Seek Professional Support: Therapy or counseling can be beneficial for children dealing with the emotional toll of bullying.
If your concerns are not adequately addressed, speaking with a dedicated school bullying attorney can help you understand your legal options.
C. Explaining Sovereign Immunity and Overcoming It in Pennsylvania and New Jersey
1. What Is Sovereign Immunity?
“Sovereign immunity” is a legal doctrine that protects governmental entities—including public schools, school boards, and certain employees—from being sued in many circumstances. The policy rationale behind it is that taxpayer-funded entities should not be overly burdened with lawsuits, which could otherwise drain public resources.
2. Sovereign Immunity in Pennsylvania
Pennsylvania has laws that may grant immunity to schools from certain types of lawsuits. However, there are specific exceptions, such as:
• Negligent Acts That Fall Within Statutory Exceptions: If a child’s injury or harm results from the school’s negligence in areas like the operation of motor vehicles, or care, custody, and control of real property, these might fall under exceptions that allow lawsuits against the school.
• Gross Negligence or Willful Misconduct: Courts may be more inclined to hold a public school liable if school officials acted with gross negligence or engaged in willful misconduct regarding a bullying situation.
3. Sovereign Immunity in New Jersey
New Jersey also provides certain immunities to public entities, but, like Pennsylvania, there are exceptions:
• The NJ Tort Claims Act outlines when individuals can bring lawsuits against public entities, including schools.
• Counteracting Sovereign Immunity: If the school or its employees failed in their statutory duty to protect students or if they engaged in reckless misconduct, parents may be able to overcome sovereign immunity.
4. Overcoming Sovereign Immunity
Because of the complexity of sovereign immunity statutes, overcoming these legal hurdles requires skilled advocacy. An experienced attorney can:
• Investigate the facts and gather evidence showing that school officials knew about the bullying.
• Demonstrate how the school failed in its mandatory obligations under state law and local policies.
• Argue that the school’s conduct was not merely negligent but reached gross negligence or willful misconduct.
Each case is unique, and working with an attorney who understands Pennsylvania and New Jersey laws can significantly increase your chances of securing justice for your child.
Call to Action: Partner with Edelstein Law to Protect Your Child’s Rights
School bullying can have profound, long-lasting effects on children and their families. You do not have to face the situation alone. At Edelstein Law, we are committed to advocating for the rights of students throughout Pennsylvania and New Jersey. Our legal team:
• Has extensive experience navigating anti-bullying laws and fighting to overcome sovereign immunity hurdles.
• Works tirelessly to hold online consultation from the bully and school officials accountable for negligent or wrongful actions.
• Provides compassionate counsel, ensuring you understand every step of the legal process and receive the support you deserve.
Take the first step toward protecting your child. If your family is dealing with school bullying and your complaints have been dismissed or ignored, contact us today to explore your legal options. Call Edelstein Law at (215) 893-9311 or complete our online consultation form to schedule a confidential case evaluation. Let us help you safeguard your child’s future and well-being.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Each situation is unique, and specific questions about school bullying or other legal matters should be directed to Jay L. Edelstein, Esq.
