NAESP: Law prof looks at bullying case law


By Perry A. Z irkel
NAESPBullying in schools has been a hot topic for the past few years. According to a recent national survey of principals, half of the respondents rated bullying as a serious problem in their schools, ranked above issues such as ethnic and racial tensions among students. The following case and the accompanying questions and answers illustrate the current state of case law concerning student bullying.

The Case
During the 2002-2003 school year, Allen J. was enrolled as a third grader in Duquesne Elementary School in Duquesne, Pennsylvania. Since the district does not provide transportation, Allen walked to and from school with his two brothers, except on the relatively few occasions when his father picked up the children from school. Soon after starting school, Allen reported to his teacher that another
boy in the class had been picking on and pushing him. The teacher responded by moving the other boy to a corner desk in
the back of the room.

The next year, when Allen was in grade 4, four boys chased him and his brothers on their way home and pushed them into some bushes, resulting in a split lip for Allen. New story.

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