Colorado Lawsuits Test Claire Davis Act’s Use for School Bullying

Claire Davis Act: Can It Hold Schools Responsible for Bullying? Lawsuits in Colorado Test Its Limits

Two recent lawsuits filed in Colorado against school districts in Grand Junction and Arapahoe County have raised questions about whether schools can be held responsible for failing to intervene when students are bullied. The lawsuits aim to broaden the use of the Claire Davis School Safety Act, a state law enacted in 2015 in response to a school shooting.

The law allows parents to sue if a school fails to provide “reasonable care” to protect students and employees from “reasonably foreseeable” violence. Few lawsuits have been filed under the act since it passed, but the recent cases could expand its reach to hold schools accountable for bullying incidents.

In one lawsuit, Amber Harford is suing Mesa County Valley School District 51 for failing to stop a group of students from attacking her 13-year-old son in gym class, causing severe injuries that left him unable to talk. The suit alleges that the boy faced a string of bullying incidents at school dating back to 2018 that employees failed to stop.

In the other lawsuit, the parents of an Eaglecrest High School student are suing the Cherry Creek School District in Arapahoe County District Court after a teen allegedly pushed their son down a flight of stairs, causing a fractured leg. The suit alleges that the school district had a duty under the Claire Davis Act to protect students from “reasonably foreseeable harm” from incidents of school violence.

Both lawsuits allege that school officials knew about the bullying incidents but failed to intervene. Igor Raykin, an attorney specializing in education law, is representing the families in both lawsuits and plans to file at least three more related to bullying.

The cases raise questions about the use of the Claire Davis Act to hold schools responsible for bullying and whether the law is less clear when it comes to other situations where a student injures a peer. While Colorado recognized the need for a bullying prevention policy in 2000, there is still not enough enforcement of how schools respond to bullying.

District and school employees don’t always realize how damaging bullying is to students and can mistake it for conflict between two people, said Barbara Coloroso, a Colorado author and educator who has written a book on bullying. Conflict is between two people and is something that can be resolved, such as fighting over a soccer ball. But bullying is targeted, there is an imbalance of power, and is about “contempt for another human being,” she said.

The recent lawsuits are the first in a series of lawsuits Raykin plans to file under the Claire Davis Act related to bullying. While the law provides some kind of pathway to hold schools accountable for failing to protect students from school violence, it remains an uncertain pathway.

BULLYING Across the Country

Bullying remains a significant problem in schools across the United States, and several states have taken steps to address it through legislation and policy. For example, many states have passed laws requiring schools to adopt anti-bullying policies and to provide training to staff on how to prevent and respond to bullying incidents.

Some states have also implemented reporting requirements for schools, mandating that they report incidents of bullying to state education agencies. In addition, some states have created programs and resources to support students who are bullied, such as counseling services or safe spaces where students can report incidents of bullying.

However, despite these efforts, bullying remains a pervasive problem in schools. According to a 2019 report from the National Center for Education Statistics, approximately 20% of students aged 12 to 18 reported being bullied at school during the 2016-2017 school year.

To address the issue, some experts have called for a more comprehensive approach to preventing and addressing bullying in schools. This might include not only laws and policies aimed at preventing bullying, but also education and awareness campaigns to help students, teachers, and parents recognize the signs of bullying and understand how to intervene.

Another approach that has gained traction in recent years is the use of restorative justice practices in schools. Restorative justice focuses on repairing harm and restoring relationships, rather than punishing wrongdoers. When applied to bullying incidents, this might involve bringing together the victim and the perpetrator to discuss the incident and work towards a resolution.

Overall, while progress has been made in addressing bullying in schools, more work remains to be done. States will need to continue to develop and refine their policies and programs to effectively prevent and address bullying, and to provide resources and support to those affected by it.

EducationLawyers.com

If you or someone you know is facing issues related to bullying or school safety, it is important to seek help from an experienced education lawyer. EducationLawyers.com is a great resource for finding a qualified attorney who can help you navigate the legal system and advocate for your rights.

An education lawyer can help you understand your legal options and guide you through the process of filing a complaint or lawsuit, if necessary. They can also work with school administrators to develop effective policies and procedures to prevent future incidents of bullying and ensure that all students feel safe and supported in school.

Don't wait to take action if you or someone you know is facing bullying or other school safety issues. Contact EducationLawyers.com today to connect with a qualified education lawyer who can help you protect your rights and ensure a safe and supportive learning environment for all students.