Two years ago, I wrote a blog post explaining that the Massachusetts Anti-Bullying Law does not apply to teacher-on-student bullying. But as I said then, just because the bullying law doesn't apply in this situation, doesn't mean there isn't a remedy. Instead, students and parents must consider several different causes of action.
I recently came across an excellent article in the Northeastern University Law Journal explaining various theories of liability a student may assert against a school district in instances where a teacher targeted a student. The article, by Marc L. Terry and Amanda Marie Baer, is called Teacher-on-Student Bullying: Is Your Massachusetts School District Ready for the Test? You can read the entire article here.
Because this law office focuses on special education matters, Attorney Lillian Wong primarily represents students who have been bullied by teachers when the bullying results in disability-based harassment and/or a denial of a Free Appropriate Public Education (FAPE).