STUDENT RIGHTS
In addition to our interest in helping children receive appropriate special education services, we are also interested in your children's civil rights at school.The school environment should be safe and civil. No child should be subjected to disproportionate discplinary action, unduly restrained, or secluded, nor should children have to endure bullying, intimidation, or harassment from students and school faculty, regardless of race, disability, gender, sexual orientation, ethnicity, religious affiliation, etc....
Children with disabilities and/or behavioral issues may be subjected to restraints, aversive intervention, or seclusion. Such methods are designed to address certain unwanted behaviors, such as fi
ghting
or hitting others. School use of these negative reinforcement
methods may be improper and may not effectively address the
child's issues. Often, there are alternative, positive
reinforcement methods of addressing the same issues with longer lasting
impact. If you believe
that your child may be a victim of a school's improper use of
negative reinforcement, please contact
us for a consultation.Your child's civil rights also includes the right not to be bullied, intimidated, or harassed. New Jersey's anti-bullying laws prohibit students and school faculty from teasing, mistreating, or threatening your child because of his or her sexual orientation, disability, race, ethnicity, religious affiliation, among other characteristics. These anti-bullying laws prohibit written, oral, or physical acts that causes mental or physical harm to your child or child's property.
The first of New Jersey's anti-bullying laws were passed in 2002 (NJSA 18A:36-13 et seq. (2002)). More recently, New Jersey enacted new legislation requiring that schools adopt and publish a policy prohibiting electronic bullying, such as electronic mail and websites. A coalition of New Jersey organizations that support anti-bullying laws currently publish an informative brochure to help students and their parents understand their rights. Additional information about New Jersey anti-bullying laws may be found at the New Jersey Coalition for Bullying Awareness and Prevention.
The highest court in New Jersey strongly agree that your child should not be bullied, intimidated, or harassed at school. In 2007, the Supreme Court of New Jersey published one of its most important decisions. In L.W. v. Toms River Regional Schools Board of Education, L.W. was a student who had been repeatedly harassed by his peers. When the school district failed to take action to prevent the harassment, a lawsuit was filed against the school. The court held that a school district is liable for student-on-student harassment if the school district knew or should have known of the harassment and failed to end it. This case is a victory for children and their parents. We applaud the court for this decision, and we hope that the schools will avoid unnecessary litigation by developing, adopting, and implementing effective anti-bullying policies.
If your child is a victim of bullying, intimidation, or harassment, please contact us for a consultation.