Anti-Bullying Laws, USA Private Schools

[PaulaN]

My question involves education law in the State of: California

A friend in high school is experiencing some horrible, physical bullying. The school does nothing to help, and in at least one instance a teacher has specifically said that the offenders can't be punished because everyone's parents signed legal waivers. (This particular instance was during after hours sport practice, if that makes a difference, but other attacks have happened in school hours).

I'm not sure what these waivers say, but I think they must say something along the line of "school is not responsible for harm to your child by other students". Also it is a private school, and my friend is insistent that means a lot of laws don't apply.

She hasn't told her parents, partly because she thinks that they can't complain to the school anyway because of the waivers.

I can't help but feel this is all a bluff. I can't believe that any school in the western world can absolve itself of any responsibility to protect its students. So... can anyone point me to what laws (if any) apply to private schools and bullying?

[aardvarc]

in at least one instance a teacher has specifically said that the offenders can't be punished because everyone's parents signed legal waivers. (This particular instance was during after hours sport practice, if that makes a difference, but other attacks have happened in school hours).

Which means the SCHOOL may not intervene. But signing such a document with the school absolutely doesn't infringe on the ability of law enforcement to act on any crime, such as assault or battery (which are among the elements of "bullying") to do so.

I'm not sure what these waivers say, but I think they must say something along the line of "school is not responsible for harm to your child by other students". Also it is a private school, and my friend is insistent that means a lot of laws don't apply.

The criminal statutes of your state apply. Period. If the school chooses to have stringent INTERNAL policies, so be it. But there's a HUGE difference between the school's rules and policies, and the governing laws that apply overall.

She hasn't told her parents, partly because she thinks that they can't complain to the school anyway because of the waivers.

The school has made it pretty clear where they stand. Why keep flogging that dead horse? It's time to file police reports, especially for any incidents that happen off of school property.

I can't help but feel this is all a bluff. I can't believe that any school in the western world can absolve itself of any responsibility to protect its students. So... can anyone point me to what laws (if any) apply to private schools and bullying?

The school is free to set whatever policies they wish. Parents are also free to SUE if failure of the school to protect its students results in criminal activity or injury, or, to move their children to institutions whose views on student protection match their own.

[PaulaN]

Thanks for replying so quickly, could I just clarify:

The school is free to set whatever policies they wish.

I guess that's my real question: are there really no laws governing school policies at private schools? Are there no "duty of care" laws? And if there aren't, why do you mention the possibility of suing? What's the point of suing someone if (as you suggest) they have behaved legally?

You ask why keep flogging a dead horse. Well going to the police with a complaint of this nature is a very serious step to take, and my friend believes it would rebound very badly on her reputation, especially if there is no conviction. My friend is not prepared to do that at the moment, so I'm also trying to explore other avenues. p.s. All attacks have been on school grounds.