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Bullying - Case Brief
Transcript of Bullying - Case Brief
Law was enacted in 2002 - coming out of the Scruggs v. Meriden BOE case
Brought National and International Concerns
Growing concerns among Educational Professionals regarding liability
Amendments made to the law in 2006 and 2008
Bullying Policies must require annual notification to students on how to file a complaint
"Harrass" was added to the definition of bullying - actions be "with the intent to ridicule, harass, humiliate or intimidate the other student"
"On a school bus" so that actions that may be bullying may occur "while on school grounds, at a school sponsored activity or on a school bus...."
Provisions to address bullying outside of the school setting if it has a direct and negative impact on a student's academic performance or safety in school.
Judith Scruggs Arrested for Risk of Injury to a minor; Cruelty to Persons
Parent to Blame?
School Boards must adopt and IMPLEMENT bullying policies
Teachers and other school staff who witness acts of bullying or receive reports of bullying are to notify school administrators in writing.....
Administrators must investigate any written reports and must review anonymous reports - except no disciplinary action shall be taken solely on the basis of an anonymous report.
Policies MUST include "a prevention and intervention strategy"
2008 Changes Cont.
Policies must now provide that parents of students who commit verified acts of bullying and parents of students who acts are against must be notified and invited to at least ONE meeting.
Number of verified acts must be maintained and reported to State Department of Education
Policies must identify personnel who is responsible for taking the report and investigating
Who is to blame for the death of Daniel Scruggs
Failure to Exhaust Administrative Remedies
Constitutional Claims - FAPE, Due Process, Failure to Train or Supervise, Rehabilitation Act and ADA
State Law Negligence Claim
Scruggs v. Meriden Board of Education
On January 2, 2002, Daniel Scruggs age 12 committed suicide
Parent files suit for actual and punitive damages against:
Parent claims her child was bullied, harrassed in school for years while school personnel did nothing to stop it or protect the student
It was one of the first times a parent has been charged in connection with a child's suicide. On October 6, 2003 after 3 days of deliberating, the jury found her guilty of one count - risk of injury to a minor for an unhealthy home environment.