As recently as the 1990s, teachers and parents saw student bullying as a fact of life, leaving it largely up to students to resolve. Now, many more adults take bullying seriously and understand its impact on academic performance, mental health, and school safety. Extreme bullying can end in serious school violence or even death, as in the recent tragic case of Khimberly Zavaleta Chuquipa.
However, every state has truancy laws that require most minors to report to school. When the school environment is unsafe, a truancy law or regulation could force a bullied child to stay in the same building with someone who poses an imminent threat.
Ny’Hier Williams, a teenage boy in a Pittsburgh public school, faced this situation. The school said Ny’Hier had to come in anyway, and so he went. There, he suffered a beating that put him in the hospital, leaving him permanently disabled. He is now suing the Pittsburgh Public School District (PPSD) for violating his civil rights. This April, Ny’Hier’s lawsuit passed its first test in court. If it succeeds, will the court’s ruling help other children and teenagers in the same bind?
Ny’Hier’s Story: ‘There Was No Safety Plan’
In 2022, Ny’Hier Williams was a student at Brashear High School. The school staff knew that Ny’Hier, who had learning difficulties, often suffered from “negative peer interactions” (meaning harassment and bullying incidents). One boy in particular, Quincey Garland, repeatedly and violently attacked Ny’Hier. The lawsuit alleges this bullying was unprovoked. Yet the school not only failed to keep Ny’Hier safe from Quincey’s aggressive behavior but also punished him afterward.
Eventually, Ny’Hier’s mother, Chata Williams, decided that he should stay home until she was sure the school environment was safe. The complaint states that the school’s vice principal told Chata that she could break state truancy laws by keeping Ny’Hier at home. He also reassured her that there was a “safety plan” in place to protect Ny’Hier.
There was no serious safety plan for Ny’Hier’s return, U.S. District Judge J. Nicholas Ranjan found. Not one day passed before Quincey assaulted him. A video of Quincey’s final attack shows Quincey slamming Ny’Hier’s head against the hallway floor, again and again.
Ny’Hier survived, but he sustained a traumatic brain injury. Quincey was charged with aggravated assault. Although he was eventually acquitted of that charge, Quincey is currently awaiting trial for homicide.
Civil Rights Claims Against the School District
Ny’Hier sued PPSD for violating his federal civil rights. His complaint argues that the failure to protect Ny'Hier amounted to a "state-created danger" in that the school’s actions caused foreseeable harm to Ny’Hier’s safety, violating his right to bodily integrity. The second count asserts that PPSD also violated Ny’Hier’s rights by failing to enact safety plans and policies that would have protected him.
PPSD filed a motion for summary judgment, meaning the case would end without going to a jury. On April 3, Judge Nicholas J. Ranjan issued his ruling. The judge dismissed the second count but ruled that the lawsuit may proceed on the first count, finding that there was enough disputed evidence that the school created the danger that it should go to a jury. In this case, Ny’Hier’s attorney has three points to prove, and Judge Ranjan believes that a jury could reasonably accept the evidence and agree.
Ny’Hier must show that his injury was “foreseeable and fairly direct,” and Quincey’s final assault was arguably both. The school’s actions must also “shock the conscience,” and the evidence of their deliberate indifference to Ny’Hier’s safety meets that standard. Finally, the school must have “affirmatively used its authority” to create the danger. Chata Williams asserts that the school “threatened” her with truancy law violations to get her to send Ny’Hier back.
Truancy Laws and Bullying Prevention: What Should Change?
Bullying prevention is an evolving field; truancy law is a hundred years older. Truancy laws were developed to help combat child labor and juvenile delinquency. In the 1800s and early 1900s, struggling families often sent young children and adolescents to work rather than school, leaving them at a disadvantage later in life.
A student’s school attendance, academic performance, and chances of graduation are linked. Chronic absenteeism increases the likelihood that a student will drop out and turn to criminal behavior and substance abuse. Some states tack a school’s funding to its absenteeism rates.
Bullying behavior and school violence increasingly worry parents at K-12 schools, especially if their child is vulnerable in a typical school climate due to their sexual orientation or special needs. When children become frequent victims of bullying, parents may change schools in the middle of the school year or even homeschool to protect them. But not every parent has the resources to do so. Like Chata Williams, they must push their child’s current school for effective bullying intervention and anti-bullying policies. That can only be as effective as funding, laws, and school administrators allow.
According to stopbullying.gov, all states now have anti-bullying laws. As cases like Ny’Hier’s and Khimberly’s come through the courts, policymakers may decide to permit extra excused absences for physical safety while schools carry out bullying interventions for perpetrators. But this is far from ideal. School officials will need the support of lawmakers and the Department of Education to make school communities safer.
Related Resources
- What To Do If Your Child Is Bullied (FindLaw's Learn About the Law)
- Is Bullying Legal? (FindLaw.com YouTube Channel)
- Specific State Laws Against Bullying (FindLaw's Learn About the Law)
