Teacher bullying is a real thing, and no child should deserve that type of cruelty. Here at KAASS LAW, we take these things very seriously. Bullying is common among students, but it’s troubling when teachers can sometimes be the perpetrators as well. Teacher bullying, where educators engage in harmful, unethical, or abusive behavior toward students, is a serious issue. This can significantly affect a child’s mental health, academic performance, and overall well-being. As a parent or student, understanding your legal options is essential in addressing and combating this kind of behavior. We understand these problems personally and are willing to help navigate the complexities head-on. The following will outline what constitutes teacher bullying, the signs to look for, and the legal options available to students and parents in California.
What is Teacher Bullying?
“Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that have or can be reasonably predicted to have the effect of one or more of the following:
- Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
- Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health.
- Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance.
- Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
Signs of Teacher Bullying
Sometimes, your child won’t tell you right away if they are struggling with teacher bullying. There are times they won’t tell you at all, so they won’t face any retaliation from school. It’s important to recognize the signs that may indicate your child is a victim. This includes, but is not limited to:
- Lack of academic performance.
- Being absent in class or not showing up to school.
- Anxiety, depression, or any other form of emotional distress.
- Expressing fear about a teacher or class.
- Physical signs of stress, such as headaches or stomachaches.
If a student consistently experiences one or more of these signs in relation to a particular teacher, it may be a sign that bullying is occurring.
Legal Options for Parents and Students
If you suspect foul play from this type of matter, it’s crucial to take appropriate steps to address it. Legal options exist to protect students from teacher bullying in California. Knowing your rights is vital for taking action. The following includes, but not limited to, steps on approaching this matter:
School Administration
The first step in addressing teacher bullying is to report the issue to the school administration. School districts are required to have procedures in place for handling bullying complaints. This includes those involving faculty and its staff. Administrators should conduct an investigation, provide support to the student, and take corrective action, when applicable.
School District
If the school’s initial response is inadequate, you may choose to file a formal complaint with the school district. In California, the California Department of Education (CDE) has a process for investigating and addressing complaints in regard to bullying.
Legal Action
Parents and students may have legal grounds for pursuing civil action against the teacher or school district. Claims of harassment, discrimination, or abuse may result in lawsuits. This is an attempt to compensate for emotional distress, lost educational opportunities, or other harm due to teacher bullying.
Reporting to the Teacher’s Licensing Board
Teachers in California are licensed by the California Commission on Teacher Credentialing (CTC). If a teacher engages in bullying or unethical behavior, they can face disciplinary action by the CTC. This also may include suspension, revocation of their teaching credential, or other professional consequences. Parents can file a complaint with the CTC, and if the teacher is found guilty of misconduct, they may lose their ability to work as an educator.
Conclusion
Teacher bullying is a serious issue that can have lasting effects on a child’s academic and personal life. Even worse, teacher bullying can potentially fall into a scenario of a school wrongful death. If you believe your child is being bullied by a teacher, take action to protect them right away. Whether you are reporting the issue to school authorities, seeking legal advice, or pursuing legal action, there are options. These are numerous selections for holding people accountable for their behavior. If you are facing this challenging situation, contact KAASS LAW for further assistance and or legal representation. You and your child deserve better, especially when it comes down to education!