Legal action against bullies?

iVillage Member
Registered: 03-27-2003
Legal action against bullies?
6
Thu, 04-29-2010 - 12:06pm

I'm wondering if any of you have ever taken any official legal steps against school bullies for your Aspies. our 10 y/o has been the target of continuous and merciless bullying in school. The administration has been extremely "politically correct" and euphamistically brushes much of what is going on under the rug. They do not understand or aknowledge how serious the problem is, and we have not been successful in getting them to remove the main bully from DS's class, they don't comply with the rules we have made around lines, lunch and recess, and other unstructured times.


Yesterday, D/S was attacked 3 times by GANGS of bullies. In each of the 3 times, he was surrounded and trapped and pushed up against a wall while being called names. 1st time was in the bathroom, next was at recess, and finally in an empty classroom. (They followed him into it).


I am considering getting police restraining orders against these kids. have any of you done anything like this? We should probably also be considering legal action against the district - but that is complicated. There is only 1 private school nearby that will accept a child with an IEP, and they are completely full. We don't have much choice but to tough it out in the system, or try to move (and believe me, our farm would not be an easy thing to sell right now in this economy).


Any advice?? FYI - we have officially pulled D/S from school. I don't think he'll be going back any this year - it is not safe.


Jackie

iVillage Member
Registered: 02-28-2008
Thu, 04-29-2010 - 1:41pm

With bullying being a recent media topic, I should think that they would be a little more sensitive then they are being....but a little heat might be needed. A legal letter from a lawyer, a chat with the police, or some negative media attention might perk them up.

You're in a tough situation, but steel yourself to do what's right and you may be surprised. Grrr - bullying makes me so mad.

Good luck with whatever you decide to do.

Andrea, mom to

Graham
Miles
Anson

Andrea, mom to

Graham
Miles
Anson
iVillage Member
Registered: 11-28-2006
Thu, 04-29-2010 - 3:26pm

Hi Jackiemom, I don't have alot of time right now to post but I am in a similar situation regarding bullying. If you shoot me an email thru my profile I can give you some help in this matter. And every single incident that your son has had regarding bullying, please document the date, time, and conversation you had with the people you contacted. That part is very important. Then I can lead you in the direction you need to go.

Lainie

iVillage Member
Registered: 06-03-2006
Thu, 04-29-2010 - 5:37pm

iVillage Member
Registered: 09-27-2008
Sat, 05-01-2010 - 12:35pm

In Canada what parents have stared doing is taking the school boards to small claims court. The filing fee is between 75 and 100 dollars.

In Ontario there are so many cases that have been filed that the school board association has asked the province to not allow these types of suits. In other words they think they are above the law.

i am very interested on seeing how this turns out.

iVillage Member
Registered: 11-28-2006
Sat, 05-01-2010 - 6:45pm

Okay I can type more inform now. OP try googling the Gebser letter. It's basically documenting all the issue's your son is having and sending it to someone in Authority (like the Super) and warning them that this letter is the last step you will take before hiring an atty regarding this issue. Because clearly this harrassment is disability discrimination.

AT this point though, it has gone on so long, and your poor son has suffered so, you might want to hire an atty just so he/she can send in this letter on their letter head to show them you mean business. This might be all you need to do. Schools do not like to go to Due Process and this is definelty a deniel of FAPE.

iVillage Member
Registered: 04-04-2004
Mon, 05-03-2010 - 12:59am

Jackie,

First, let me say how sorry I am to hear about what's been happening to your son and your family. Bullying is a coward's way of dealing with life, and more people need to realise that.

Secondly, congratulations on deciding to home-school for the time being. My own ds was bullied out of school in October 2008, and I home-schooled for 18 months until February this year, the start of our academic year. We found a different, much more caring school, and although they admit bullying can be found there, they stamp on it as soon as it's made known.

However, I think something NEEDS to be done in our schools. All too often the bullying gets the sympathy and counselling (read: attention) and the victim is pushed aside and forgotten. It's almost enough to make one want to escape from the school system forever! (If I hadn't found this little school, Mr S would still be home-schooled, put it that way.)

Good luck with schooling at home. It's fun, and I'm sure your son will love being surrounded by people who actually CARE how he feels.

Fiona