But a little-known, and apparently little regarded, 10-year-old U.S. Supreme Court decision gives parents the power to take action in court and seek damages against school inaction. If a school district ignores harassment, and a child is effectively denied an education, a parent can take the district to court and ask that the district be punished -- in the pocketbook.
LaShonda Davis "was allegedly the victim of a prolonged pattern of sexual harassment by one of her fifth-grade classmates at Hubbard Elementary School, a public school in Monroe County (Ga.)," the 1999 Supreme Court opinion in Davis vs. Monroe County said.
LaShonda told her mother and her teacher, and her mother reported the many incidents to school officials, including the principal, the high court said.
The harassment finally ended in mid-May 1993 when the boy pleaded guilty to sexual battery, but not before LaShonda's high grades had dropped and her father discovered in April 1993 she had written a suicide note. At the time, Lashonda was 10 years old.
LaShonda's family filed suit against school officials and the school district under federal Title IX -- which bans sexual discrimination in schools receiving federal money -- but the lower federal courts said the law, while covering school officials who engaged in sexual discrimination, did not encompass student-on-student harassment. The language in Title IX includes no private right to sue.
In May 1993, the Supreme Court reversed the lower court decision, recognized the right to sue but made sure the grounds for suing were narrow and to the point. Even so, the ruling appears to apply to those severely bullied in school through the use of sexual harassment."