Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My 15 year old daughter is being harrassed at home and bullied at school and the principal does nothing about it� These girls push her as she is walking down the hall, they have kicked her feet to make her trip, and they pulled her hair. The principal says my daughter brings this on herself. My daughter is bipolar and ADHD and receives disability. She is very mouthy at times. But does that give these girls the right to put there hands on my daughter?� I would just like to know what I should do or could do legally about this matter� My daughter can’t concentrate in school already and then we have these girls bullying her at school and harrassing my whole family at home.”If the principal is failing to protect your daughter from physical violence or other harassment, then you may need to consider removing your child from that school until they are prepared to provide better supervision and protection. If the problem is also following her home and making your home environment difficult, then you may also need to contact law enforcement and inform them of the situation. A police visit to the home of the bullies may make them think twice about their actions.
Question: As for the school situation, it may be time for you to take up the problem with the principal’s superiors, such as the school board or school district superintendent. But that is best done with an attorney. So contact your local bar association and see if they can provide you with a referral to an attorney with experience in disabilities matters.
Answer:
The more difficult question to ask, however, is whether your child should be at that school in the first place. Your child has a disability and she deserves a chance to learn in an environment where they are adequately prepared to accommodate her needs. If she is indeed being disruptive, she is also presenting a problem for those other children who also deserve an appropriate environment free from distractions. You may want to talk with your child’s doctor about what options might be available to give her the best opportunity for success.
