School Bullying Litigation: An Empirical Analysis of the Case Law

This study will analyze the case law specific to bullying in the public school context during a recent twenty-year period. More specifically, its scope will include the frequency and the outcomes of the liability and “free and appropriate public education” (“FAPE”) claims on a longitudinal basis. Part I of the article provides the context in terms of (a) the definition of bullying, and (b) the literature concerning the rate and effects of bullying as well as the extent of anti-bullying policies and practices at the school district and state levels. Part II provides the methodological information, including the scope of and variables for the data collection.

Part III reports the results of the data analysis. Part IV discusses the significance of the results, with recommendations for further research concerning the frequency of claims addressing specific types of bullying and the demographics of the plaintiff victims as well as the implementation of best practices for educators to proactively prevent bullying-related liability litigation.