Sticks, Stones, and Digital Phones: The Legal Implications of K-12 Bullying

The purpose of this study was to examine the legal landscape of K-12 bullying based on the judicial treatment of bullying related cases. This research answered: 1) What common themes are identified in K-12 bullying litigation, and 2) How should the reoccurring themes identified in court opinions inform best practices as it relates to bullying policies and procedures? More increasingly the victim and bully sue school districts for some form of harm done to them because both sides often find fault in how a district responds to incidents of bullying. For this reason, school district officials should be aware of the causes of action (legal claims) available to student plaintiffs who sue the district so they may comply with laws that protect the civil rights of students. The court decisions of both U.S. Supreme Court and lower court cases were read to identify what considerations and tests were applied by jurists to help them determine if a school district was liable for violating the right(s) of a student. The cases that best provided an overall understanding of the legal implications of bullying, and those that included unique examples of how a districts actions or inactions contributed to the harm of a student, were briefed and analyzed. The findings of this study contribute to K-12 bullying scholarship because it provides a comprehensive overview of the complex jurisprudence of U.S. peer-on-peer bullying cases. Most importantly, it informs school district officials of specific steps they can take to balance the competing interests of all students. Ultimately school officials want to create a safe environment for students and reduce litigation, and this research guides that process.