Can I Sue a Teacher for Bullying My Child?

It’s always troubling to learn about children being bullied at school. When teachers are involved, it’s even more concerning. If your child is experiencing teacher-led bullying, there are several courses of action you may take.

Among them is bringing a civil lawsuit against the teacher. Various claims may be available to those who wish to pursue this option.

While some bullying may warrant criminal charges, this article focuses on some of the civil claims you might bring against a teacher who bullies your child.

How you proceed will depend heavily on the circumstances as well as your state’s laws. But regardless of what happened and where it happened, several underlying principles apply.

Civil Lawsuit

A civil case is a type of legal action. It typically involves a dispute between private parties, such as individuals or organizations.

Even though a school may be public, it can still be a private party in a civil lawsuit.

Civil cases aim to resolve the issue(s) by providing compensation or other remedies to the injured party. A civil lawsuit against a teacher for bullying a student will likely be a personal injury case.

This is because “personal injury” refers to harm suffered by a party because of another party’s conduct.

What Is Bullying?

Many behaviors can feel like bullying. When considering legal action, it’s important to understand what the term means.

Bullying generally refers to intentional behavior that aims to hurt, harm, or intimidate another person. It’s usually repeated and involves a power imbalance. This means the bully uses their power to control or harm another.

The power imbalance may be real or perceived. Some examples of this power include physical strength, social status, or authority.

Below are some main types of bullying:

• Physical bullying: Physical actions like hitting, kicking, or pushing
• Verbal bullying: Includes name-calling, insults, teasing, or threats
• Social bullying/relational bullying: Damaging someone's reputation or relationships, such as spreading rumors or excluding someone from a group
• Cyberbullying: Using digital platforms like social media, texts, or emails to harass, threaten, or embarrass someone

Regardless of the type of bullying incident, it can have serious effects on a victim's mental and emotional health. This can lead to issues like anxiety, depression, and low self-esteem. It can also cause long-term physical harm.

When a student is bullied by a teacher, someone we’re meant to trust, that can intensify the impact.

Bullying vs. Discrimination/Harassment

Bullying often overlaps with discrimination and harassment.

Discrimination involves treating someone unfavorably because of one or more protected characteristics.

Harassment is usually a form of discrimination that includes unwanted, aggressive behavior targeting a protected characteristic.

Though state law often adds categories, protected characteristics of students under federal law include:

• Race
• Color
• National origin
• Sex
• Religion
• Disability
• Age

So, bullying that targets a victim because of one or more protected characteristics may also be discrimination/harassment.

For example, a student with a learning disability has a teacher who makes derogatory comments about their disability in front of the class, calling them slow or stupid.

Bullying can also overlap with sexual harassment.

For instance, let's say a teacher spreads false rumors about a student's sexual behavior to other students or staff members. And they intend to damage the student's reputation or isolate them socially. This combines elements of sexual harassment, a form of sex discrimination, with bullying.

Administrative Procedures

Regardless of the type of bullying, you’ll want to familiarize yourself with the school’s anti-bullying policies and nondiscrimination policies (if applicable). As a general rule, schools have a legal obligation to follow their own policies.

Even if you know you want to sue, it’s usually a good idea to report the issue to the school for resolution. Under certain circumstances, you may choose to escalate the matter to the school board.

In some cases, though, especially those involving teachers, reporting the issue may worsen the problem.

As a result, it’s a good idea to make these decisions with a trusted legal advisor who’s familiar with the specifics of your situation.

Types of Civil Claims

There are several civil claims you might bring against a teacher who’s bullying your child.

Intentional Infliction of Emotional Distress (IIED)

If the teacher's behavior was extreme and outrageous, causing severe emotional distress to your child, you might have grounds for an IIED claim.

“Extreme and outrageous” is a particularly high standard. This cause of action usually requires substantial evidence.

However, each state has its own definitions and standards for IIED claims.

Negligence/Negligent Infliction of Emotional Distress (NIED)

Although bullying, by nature, is intentional, you may have a case against the teacher for claims involving negligence. This would likely be if the bullying was at the hands of others rather than the teacher.

That’s because teachers have a duty to provide a safe environment for students. If they breached this duty, you might have a claim for negligent supervision.

If the teacher's negligent conduct caused emotional distress, you might pursue a claim for NIED.

State law also governs these claims.

Assault and Battery

If the teacher’s bullying involved physical contact or threats of harm, you might have a case for assault and battery. Both involve intentional conduct.

• Assault: The threat or attempt to inflict harm, causing fear of imminent harm
• Battery: Actual physical contact or harm

Claims of assault/battery are generally handled at the state level. Each state has its own laws defining and regulating these claims.

Still, civil claims for assault/battery must typically satisfy a high standard of proof with substantial evidence.

Discrimination/Harassment

If the teacher’s bullying targets the student’s protected characteristic(s), you likely have a claim for discrimination/harassment against them.

Several federal and state laws protect students from discrimination and harassment at school.

Federal Anti-Discrimination Laws

Mandatory compliance with many federal anti-discrimination laws derives from federal funding. This means they generally apply to all public schools and many private schools.

Some of these laws protecting students from discrimination include:

• Title VI of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, or national origin
• Title IX of the Education Amendments of 1972: Prohibits sex-based discrimination
• Section 504 of the Rehabilitation Act of 1973: Prohibits discrimination against individuals with disabilities
• The Americans with Disabilities Act (ADA): Prohibits disability discrimination
• Equal Educational Opportunities Act of 1974 (EEOA): Prohibits discrimination based on race, color, or national origin

Some of these laws allow lawsuits against teachers and other school officials. Others require the case to be brought against the school for the teacher’s conduct.

Many require that you exhaust administrative remedies before suing.

For example, you’ll generally need to file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) before you can pursue a lawsuit for race discrimination under Title VI.

State Anti-Discrimination Laws

The states also have anti-discrimination laws that you may use in a civil lawsuit against a bullying teacher. These state laws often expand on federal protections against discrimination and harassment in the school setting.

And some of them allow private lawsuits.

For example, California Education Code Section 220 prohibits discrimination based on race, gender identity, sexual orientation, and other protected characteristics. It applies to public K-12 schools and private ones that get state funding. This includes:

• Elementary schools
• Middle schools
• High schools

Under this law, students who experience discrimination have the right to pursue a private lawsuit against the school or individuals responsible for the discrimination.

Anti-Bullying Laws

All 50 states in the U.S. have anti-bullying laws. While they can vary significantly, they generally require schools to have policies and procedures in place to address bullying.

Some even provide for private lawsuits against teachers.

For example, New Jersey's Anti-Bullying Bill of Rights Act explicitly allows private lawsuits against school employees.

Qualified Immunity

If you’re considering suing your child’s teacher for bullying, you’ll want to understand what qualified immunity means. This legal doctrine can shield public school teachers and other public officials from personal liability in certain civil lawsuits. It doesn’t protect private school teachers.

Some states’ laws also create exceptions to qualified immunity for particular offenses.

For example, the New Mexico Civil Rights Act prohibits the use of qualified immunity as a defense for state and local officials in civil rights lawsuits.

Similarly, the California Government Claims Act allows certain lawsuits against public school teachers. They include matters involving:

• Negligence: A teacher fails to exercise reasonable care, resulting in harm to a student
• Intentional torts: A teacher engages in intentional harmful conduct, such as assault or battery
• Violation of rights: A teacher's actions violate a student's constitutional or statutory rights

As a result, state law will be critical in determining how to proceed with your lawsuit against the teacher.

Sovereign Immunity

Sovereign immunity may also be relevant to your claims. It primarily protects government entities, like public schools, from some types of lawsuits.

School districts also often defend teachers against certain claims. This means sovereign immunity can bar certain cases against teachers.

However, many state laws specifically address teacher liability and sovereign immunity.

Thankfully, neither immunity is likely to cover intentional acts like bullying. But proving that immunity shouldn't apply may come with its own challenges.

What Should You Do?

If a teacher at your child’s school is bullying them, you have several options. Some will help stop the problematic behavior to protect your child’s well-being. Others, like personal injury lawsuits, may allow you to recover compensation for the harm they caused.

Reporting the teacher’s conduct to the school will usually be your first step. Given the nature of the claims, however, you’ll want to ensure your child is protected from potential retaliation.

These are high stakes.

Consider obtaining legal advice from an attorney who can help you.

Getting Legal Help

An education lawyer experienced in personal injury law, or a personal injury attorney experienced in education law will be best suited to assist. They can help you understand the different ways you might proceed.

You can share the specifics of your child’s bullying case with them confidentially. They will apply state and federal law to your circumstances and help you determine the best course of action.

The type of lawsuit you file will depend heavily on what occurred and where it occurred. So, make sure you consult someone licensed in the right state.

The legal landscape surrounding claims you may bring against the teacher is complex. But finding a trusted advisor doesn’t have to be.

Findlaw’s dedicated directory of education lawyers can get you started. Just click on the state where your child goes to school. You’ll see contact information for local lawyers experienced with the state and federal issues involved. You may also want to check out the directory for personal injury attorneys.

Either way, a compassionate and competent attorney is important. They may be your strongest ally at this difficult time.