Bullying in schools is a deeply troubling issue that can leave students with long-lasting emotional, physical, and academic challenges. In California, the law offers robust protections for students and their families, enabling them to hold schools accountable when they fail to act. Two primary legal pathways exist for pursuing claims against school districts for bullying: general negligence claims and claims under Seth’s Law. Understanding these options can empower families to seek justice and create safer environments for students.
General Negligence: Schools’ Duty to Protect Students
California law imposes a legal duty on schools to provide a safe and supportive environment for all students. When a school district is made aware of bullying and fails to take reasonable action, they may be held liable for negligence.
Key Elements of a General Negligence Claim
1. Duty of Care: Schools owe students a duty to protect them from foreseeable harm, including bullying by their peers.
2. Notice: A school is on notice if it becomes aware of prior incidents of bullying or if concerns are reported by students, parents, or staff.
3. Failure to Act: Liability arises when a school fails to take reasonable measures to prevent or stop bullying after being put on notice.
4. Damages: The bullying must result in identifiable harm, such as physical injuries, emotional distress, or academic setbacks.
Negligence claims are often a straightforward way to hold schools accountable. However, success requires demonstrating that the school’s failure to act directly caused the harm suffered by the student.
Seth’s Law: Addressing Discriminatory Bullying
Seth’s Law, enacted in 2012, provides targeted protections for students facing bullying based on membership in a protected class. This legislation, named after Seth Walsh—a 13-year-old who tragically died by suicide following anti-LGBTQ+ bullying—mandates proactive measures by schools to address discriminatory harassment.
Requirements of Seth’s Law
Under Seth’s Law, California schools must:
- Adopt and publicize anti-bullying policies explicitly prohibiting discrimination, harassment, intimidation, and bullying based on protected characteristics, such as race, religion, sexual orientation, gender identity, or disability.
- Establish clear reporting and investigation processes for students and parents to address incidents promptly.
- Train teachers and school personnel to identify and address bullying, particularly when it targets protected classes.
Legal Claims Under Seth’s Law
Families may have a claim under Seth’s Law if:
- The bullying was motivated by a student’s membership in a protected class (e.g., race, religion, sexual orientation, gender identity) or their association with someone in a protected class.
- The school failed to meet its obligations, such as conducting an investigation, addressing harassment, or ensuring adequate protections for the student.
Claims under Seth’s Law focus on the severe and pervasive effects of discriminatory harassment. These cases often emphasize the systemic impact on a student’s well-being and highlight a school’s legal responsibility to ensure equal access to education.
Choosing the Right Legal Path
Determining whether to pursue a negligence claim, a Seth’s Law claim, or both depends on the facts of each case. General negligence claims often address a school’s broader failure to act, while Seth’s Law claims focus on discriminatory harassment targeting protected characteristics. Consulting with an experienced attorney can help families identify the best approach to seeking justice for their child.
How Atticus Law Group Can Help
At Atticus Law Group, we are deeply committed to protecting students’ rights and holding schools accountable for failing to address bullying. Whether your case involves general negligence or violations of Seth’s Law, our attorneys are here to guide you through the legal process and advocate for the justice your child deserves.
If you believe your child’s rights under Seth’s Law have been violated, we encourage you to reach out.
Managing Partner Parisa Khademi
Atticus Law Group
12121 Wilshire Boulevard, Suite 810
Los Angeles, CA 90025
Email: pkhademi@atticuslawgroup.com
Phone: (213) 886-7172