School ignores bullying

[K C in PA]

My child - in jr high - was targeted by students taking secret photos in the bathroom (while peeing; pants and underwear off) without consent and posting them online. The school knew and did not report it to Childline in PA as is required.  We requested a DOE approved safety plan, which they refused to complete or allow further discussion. 2 kids confessed. The school refused to tell us what form of disciplinary action was deemed appropriate under their policies for an action of this type. They also refused to share their bullying policy. Only in juvenile court (for the perpetrators) was it revealed the discipline they chose: 1 day suspension for one student; no discipline at all for the other. I have contacted the state DoE; education and disability lawyers; autism advocacy groups - all agree this is egregious misconduct but all have sat on their hands and found it not worth their time to act. I am at my wits end. Who is responsible for holding schools accountable when they refuse to protect students? I’m in Pennsylvania. 

[Lisa Lightner]

I'm so sorry this happened to your child—what you’ve described is beyond unacceptable, and you're absolutely right to be outraged. In Pennsylvania, schools are mandated reporters, and photographing a child in a state of undress—especially in a bathroom—is potentially a criminal matter, not just a school discipline issue. Failing to report that to ChildLine may be a violation of mandated reporting laws.

Since you've already contacted the PA Department of Education, I’d recommend also filing a formal complaint with the Office for Civil Rights (OCR) at the U.S. Department of Education. The OCR investigates violations related to disability and sex-based harassment under Section 504 and Title IX. What your child experienced could be seen as both.

Additionally, because the school failed to ensure safety and refused a DOE-approved safety plan, I’d also suggest a state complaint under IDEA (if your child has an IEP) or a 504 complaint with the Office for Civil Rights. You may also want to contact your state representative or senator, especially if you’re not getting traction elsewhere. Elected officials sometimes help move the needle when agencies go quiet.

Another idea is giong to the media...but I have lots of ideas about that. It doesn't always go the way we want. 

I'm sorry you're not getting help from people who should be helping, but we can help guide you here. 

 

[JSD24]

The discipline of a student should be part of the student's file.  Only parents and school staff who need to know should have access to this.  In other words, you shouldn't have access to the specifics.  School policies tend to be publically available on school websites and there is nothing preventing the school from sharing what their policy is.  In PA, there is a policy numbering system that schools are encouraged to use.  Your school's bullying policy might be # 249.  This might not be bullying if this isn't part of a pattern of acts happening by these students to your child as bullying is defined as something that's repeated.

When it comes to bullying that could fall under s3x abuse, I feel that schools are hesitant to escalate this because they don't want to be responsible for a Jr HS aged person ending up on Megan's List for what's more so a prank than criminal perversion.  Being involved with this and reporting this to ChildLine could force this classmate to have limited opportunities in the future.  (In my school district, you cannot enter a school building when students are present if you are on Megan's List to give you an idea what some of the restrictions are.)  There is nothing preventing you from calling ChildLine and telling them what happened to your child.  Their number is 1-800-932-0313 and is available 24/7.  Given that Juvenile Court is involved, I'm not sure how important it is to bring this to ChildLine; I would think the court would have involved them if it was appropriate to do.  (I'm curious what the court charged them with given you want to punish but not necessarily escalate things too much.)  Also, most things that are investigated by CYF end up being unfounded.  This could be why the places you have reached out to haven't moved forward in this.

If you feel school staff isn't following proper protocol in reporting things like this, you can escalate this within your school district.  Principals oversee school staff and directors of secondary ed oversee Jr HSs.  Over them would be the superintendent and school board.  Their contact info should be on the school district's website.  I feel that contacting your state rep or senator like Lisa suggested would be a good next step to take.  I think you might want to answer this question too:  What do you want to see happen to the students who did this to your child?  If you can answer this, it can help you plan the next steps that are needed with moving forward.