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“Narrow Exception to Federal Courts’ General Denial of Bullying Claims Against Schools for Bullying of Disabled Children,” DRI’s The Whisper

December 15, 2011

“In the advent of school shootings, resulting suicides, and the prevalence of cyberbullying, what was once considered a schoolyard topic is now emerging as an area of social concern and law,” writes Goldberg Segalla attorney Annmarie Giblin. “But with all of this attention, the fundamental question of who is responsible to stop the bullying seems to remain unanswered. This is true in the litigation context as well, since many of the bullying lawsuits fail.”

This article examines an exception carved out in a recent U.S. District Court for the Eastern District of New York case to allow bullying claims against schools to go forward for disabled children under specific guidelines — and offers a glimpse as to how such a test may, in the future, apply for bullying cases in general.

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