Legal Question in Education Law in Massachusetts

Bullying Public School

I have a child who has been harrassed for over a year. This child has pushed her which resulted in a broken wrist, scratched her on the forearm, pushed her down on the pavement while getting on the bus, tripped and made her fall on ths bus.

He has said things of a sexual nature - he wants to have sex with her this is a 1st grader now in 2nd grade. He wants her to kiss his boobs. References private parts with

cute little names and tells her them as he points to them.

Safety officer says this is normal kids being kids. Could only make a report of my concern everything I said was just hearsay. Removed her from the bus and classroom with him. He waits for her to go into school by the front doors, he picks on her at recess.

I am putting my child in counseling - she will not stand up for herself and children in her class now know that. When another child does something they blame it on her and she takes the heat. This began when she tried to tell her 1st grade teacher what was going on and she was told if she was going to tattle she would get more work. She believes that no one will believe her. Another child was questioned about the sex talk and he confirmed what my child said.

Do I have a case here??


Asked on 5/05/05, 12:12 pm

1 Answer from Attorneys
Tom Flynn Law Offices of Thomas V. Flynn

Re: Bullying Public School

What you have described may be considered a sexually hostile environment and a violation of, among other things, Title IX. You have options with the courts and with the federal government through the U.S. Dept. of Education's Office for Civil Rights.

Please feel free to contact me if you would like more information - 508-565-1413.

~ Tom Flynn

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Answered on 5/05/05, 1:15 pm


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