About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

37 New Eng. J. on Crim. & Civ. Confinement 227 (2011)
Allegations of School District Liability for Bullying, Cyberbullying, and Teen Suicides after Sexting: Are New Legal Standards Emerging in the Courts

handle is hein.journals/nejccc37 and id is 231 raw text is: Allegations of School District Liability for
Bullying, Cyberbullying, and Teen Suicides
after Sexting: Are New Legal Standards
Emerging in the Courts?
Kathleen Conn*
I. INTRODUCTION
As the incidence and intensity of students' misuses of technology
continue to rise, and the tragic student suicides linked to bullying,
cyberbullying and sexting mount; the American public increasingly looks
to the educational system to fix the problems.' Allegations of school
district liability for failing to curb bullying and cyberbullying, once
relatively rare, are now commonplace in the courts.2 As recently as ten
years ago, lawsuits alleging school liability for bullying were mainly
couched as Title IX peer sexual harassment claims. The bar to a plaintiff s
* Associate Professor, Division of Education and Human Services, Neumann University,
Aston, Pennsylvania; Adjunct Professor, Widener University School of Law, Wilmington,
Delaware; Former Member, Executive Board of Education Law Association; Author's
Advisory Committee, West' Education Law Reporter.
1.  See Diane D'Amico, Local School Districts Try to Stop Bullying - In Person and
Online,   PRESSOFATLANTICCITY.COM,     (Mar.    16,    2011,    7:31    PM),
http://www.pressofatlanticcity.com/news/breaking/local-school-districts-try-to-stop-
bullying-in-person-and/article_76660188-5026-lle0-ab5O-001cc4c002e0.html (Bullying is
not just a school problem, but parents expect schools to manage it.); see also Bianca
Solorzano, Bullying: Do Schools Need a New Approach?, CBS NEWS.COM (Apr. 4, 2010),
http://www.cbsnews.com/stories/2010/04/04/eveningnews/ main6363045.shtml (Too many
times have I personally witnessed parents who expected the school to do more than we are
permitted under the law.).
2.   Christian Nolan, Fighting Bullying with Lawsuits, THE CONN. L. TRIB. (Oct. 29,
2010), http://www.law.com/jsp/article.jsp?id=1202474106893&Fighting Bullying With_
Lawsuits.
3. See Kathleen Conn, Bullying in K-12 Public Schools: Searching for Solutions,
COMMONWEALTH EDUC. POL'Y INST., 4 (2006), http://www.cepi.vcu.edu/pdf/Policy%20
Briefs/Kathleen%20Conn-Bullying%20VCU%20PolicyPaper/202-11-06.pdf.

227

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most