Legal Question in Consumer Law in Florida

My daughter has been bullied by another child at school for almost three months now. The child has made threats agianst my daughter such as she was going to kill her, and her mother was coming in to hurt her. She has hit my daughter and tore a necklace off her neck and nothing has been done to stop this. When she tells the teacher she is told that because she did not hear or see it that she can not do anything about it.My daughter is so upset over this matter that she does not even want to go to school anymore, it is affecting her academically and emotionally. She is rebelling agianst the teacher because she will do nothing to stop the problem. I have been in contact with the school everyday for the past two months either calling or going in. They say that there is nothing that can be done because there is no way to tell who said what. They wanted to try to reward my daughter for ignoring the situation, apparently they believe this is the solution. They refuse to move her classrooms because it is too much paperwork and take no action to stop the problem. They moved her from a classroom in the beginning of the year where she was doing excellent because it was supposed to be in "her best interest" because there were too many students in that class. What are my rights as far as this is concerned? Do I have to stay home to do home schooling to ensure my child�s well being? Please help.

Asked on 12/03/09, 8:41 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I suggest you get the police involved. Even though they are minors (I assume), and even though the events happened it school, the actions you describe are still battery and/or assault (e.g. threats of violence, hitting, ripping off a necklace). Your daughter's word will be good for something, although it is best to have another witness so it is not just one word against another. If other children saw these things happen, they can be witnesses to the police.

As far as moving her classroom, I would have to look into it further to know the school board's policy and procedure for such a request. In my limited familiarity with school boards, if the principal denies a request, the remedy is to appeal to the school board. Certainly, the school is under a duty to protect your child, even if the method in which they do so is in their discretion.

I wish you luck with this!

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Answered on 12/08/09, 9:38 am

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