If your child is being bullied at school, it can be really upsetting and even dangerous for them. In Santa Rosa, California, you have the right to take legal action if the school isn’t doing enough to stop bullying conduct.
If you or a loved one needs help, our school bullying attorney in Santa Rosa will guide you through the process and help you protect your child’s rights.
What is school bullying?
Bullying is when someone keeps being mean to another person on purpose. In school, it might look like:
- Hitting, pushing, or hurting someone physically
- Calling someone mean names or making fun of them
- Leaving someone out of groups or activities on purpose
- Spreading rumors or lies about someone
- Sending mean messages online or by phone
How Do I Sue a School District in California?
If you think the school isn’t doing enough to stop your child from being bullied, you might want to sue them. Here’s what you need to do:
- First, you need to tell the school about the problem in writing. This is called filing a complaint.
- The school has to look into your complaint and try to fix the problem.
- If you’re not happy with what the school does, you can appeal to the California Department of Education.
- If that doesn’t work, then you might be able to sue the school. But remember, suing is a big deal and can take a long time.
Before you sue, it’s a good idea to talk to a lawyer who knows about school bullying cases. They can help you understand if you have a good case and what to do next.
To Sue a School District, You Need to Identify Your “Cause of Action”
When you sue someone, you need to have a good reason that the law recognizes. This is called a cause of action.
For bullying cases, some causes of action might be:
- Negligence, which means the school didn’t do enough to keep your child safe.
- Discrimination If your child was bullied because of their race, religion, or disability, this could be discrimination.
- Violation of civil rights. Schools have to protect students’ rights to be safe and get an education.
- Emotional distress. If the bullying made your child very upset or scared, this could be a reason to sue.
Your personal injury lawyer can help you figure out which of these reasons fits your case best.
Is the Process the Same for Suing a Private School District?
Suing a private school is a little different from suing a public school.
Here’s why:
- Public schools are part of the government, so there are special rules about suing them.
- Private schools aren’t part of the government, so you can sue them more like you would sue a business.
- With private schools, you might be able to sue for breach of contract. This is because when you pay for your child to go to a private school, it’s like making a deal that they’ll keep your child safe.
- You still need to tell the school about the problem and give them a chance to fix it before you sue.
- The reasons (or “causes of action”) for suing might be similar to public schools, like negligence or discrimination.
Talk to A School Bullying Lawyer in Santa Rosa Today
If your child is being bullied and you’re considering suing the school, start by keeping a record of all bullying incidents and informing the school in writing, saving all correspondence.
If the school doesn’t help, talk to The Cartwright Law Firm, Inc.’s school bullying attorneys. Ensure your child feels safe and supported during this time. Call us at (415) 851-6486 or contact us online.
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