Is a school liable for the bullying that results on its property even if it takes reasonable measures to separate the children at issue?  The answer may be reached in the upcoming months in a Kane County courthouse.  This past week, a mother of a St. Charles District 303 student filed a lawsuit due to injuries that resulted from her child being bullied on school property. The lawsuit claims the child was bullied by a classmate during the recess period.  The school then implemented a policy that required the two boys to be separated while on school property.  However, at some point the two boys were left unsupervised at recess and it is claimed the bullying restarted – a physical altercation ensued and the child fell to the ground.  The lawsuit claims that the injuries resulted in “serious and permanent” damage to the child.

The lawsuit is proceeding through court currently and the mother, on behalf of the minor child, is alleging the district failed to take proper steps to prevent the two students from coming into contact with one another.  The mother is also asserting the separation policy was violated because the school district failed to make sure that all school staff (including teachers, supervisors, aides, etc.) knew that the policy was in place.  A school owes its students, and parents of said students, a duty of care to ensure the safety of the entire student body.  However, is it possible for a school district to guarantee that no bullying will ever occur on its property?  The school district does have bullying policies in place and encourages students and parents to report such acts of harassment.  The suit is seeking damages for over $50,000.00.