Legal Question in Education Law in Illinois

My 13 year old daughter is getting threatened and bullied in school. I've talked with the school's administrators many times and requested a meeting with the girls and their parents but was refused. My daughter attacked by these girls twice, the last incident was last Thursday 2/24/2011. The principal requested that I get my daughter a transfer to another school in the district because her safety as well as his staff (a teacher was almost trampled in the girls attempt to get to my daughter) was being compromised. In the meantime I was told to keep her at home until the the transfer comes through; therefore, my daughter has been home from school since the 24th and it is now Mar 2. I found out today that her request for a transfer was denied and the principal wants me to keep her home the rest of the week until he figure out what to do. In the meantime the two bullies are in school getting their education. My question is: Is there anything legally I can do to force the administrators to treat my child as the victim and not the aggressor? Right now I feel she is being denied her right to a public education by being forced to stay at home. When I send her to school regardless of the principal's excused absence, I received a phone call saying that they were sending her back home. They seem more concern about their teachers getting caught in the cross fire more than they are about my daughter's education.


Asked on 3/02/11, 9:12 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I suggest that you send a letter to the school board and principle and ask for a copy of the student dsicplinary policy that addresses this kind of behavior. You may also want to copy your local police chief. If there is no policy or no enforcement or they refuse to enforce the policy you should contact the Illinois State Board of Education. I have pasted the statute below. Good luck.

105 ILCS 5/10-20.14

Sec. 10-20.14. Student discipline policies; Parent-teacher advisory committee.

(d) The school board, in consultation with the parent-teacher advisory committee and other community-based organizations, must include provisions in the student discipline policy to address students who have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal guardians and early intervention procedures based upon available community-based and district resources.

(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)

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Answered on 3/03/11, 5:38 am


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