Bullying in Schools: Persistent Legal Challenges

In 2019, about 22% of students ages 12–18 reported being bullied, with a higher percentage of female students than male students reporting victimization. Recent empirical reports indicate that students with disabilities are more likely to experience bullying and be punished for bullying. Bullying has been linked to increased risk for experiencing short- and long-term consequences for victims and perpetrators, and it may result in violations of civil rights acts. Unfortunately, despite federal civil rights acts, federal guidance issued through Dear Colleague Letters, and case law, schools still engage in practices that amount to violations of students’ civil rights and make them subject to liability. In this brief, we highlight two recent court cases involving bullying in order to illustrate persistent school failures in addressing these important concerns. Implications for practice are also considered.