need help with harrassment issue

I have an issue that has arisen in my sons school. Over the past year I was made aware of "bullying" but not much more and did complain to the principal. However this summer my son confided in me that this bully had followed him into the restroom and assaulted him, and made him show his private areas and was threatened if he told he would suffer reprocutions. After hearing this I went to the principal and teacher with my concerns. They assured me the child would be moved from my sons class. I was further astonished to learn they were fully aware of the goings on in the bathroom with this young man and it had happen to many many students (including a female student). Well the student doing these acts also was detailing accounts of sexual acts to students during relaxation periods (recess). The teacher involved did report this matter and basically was told to go back to work. We have a copy of this letter verifying this.
I have attemped to work within the system to work to a fair and reasonable resolution to this issue. Other parents aware of this issue who reported it have suffered reprocutions directly by the principal. We have filed police reports now because of this, and the refusal of the principal to take appropriate action. The asst super intendant is also aware of this and has done absolutely nothing to help other then try and cover it up as much as possible. I am fearful for my son and attempting to move him to another school as the principal has now also made this "bully" aware my son complained.
I need advice on what to do here. Things have gotten very out of control. I am fearful for my children, myself, and the other children at this school. The principal has already indirectly threatened us by saying "bring it on I have a lawyer" etc etc. Also I feel put my son in greater risk by making sure this bully was aware as to who reported him.
Any suggestions?

There's a lot of case law holding that schools CAN be held liable for student-on-student sexual harassment or molestations IF they were aware of it and failed to do anything about it.

Sounds to me like you have a good case, if you want to sue them civilly.

Sounds like you have taken the proper steps to have this situation criminally prosecuted also.

If your child is a special ed student, there are even more protections available to you.

Doesn't matter if the school has a lawyer or not -- I'm amazed at how many administrators think that syaing they have a lawyer on board is the answer to their screwups.

You, too, can have a lawyer, so the fact that the school has one is no big deal, but they think it SOUNDS scary, so they try to intimidate parents with that.

What that means, to me, is he KNOWS there's a big problem for the school, and he's hoping to scare you into submission.

If he thought you didn't have a case, he would say THAT, not, "Hey, we have a lawyer, lady."

This sounds like an awful scenario for your child and for your family. Best of luck to you.

My son has an IEP so does the other child who was also a primary target. My son has speech problems and can speak well but it is hard for him to get the right words out. He has been attending speech therapy since kindergarten. The other child is partially deaf and requires hearing aids. The other child was thrown out of the school because the principal knew his mother knew and deemed her a "problem" in a letter he sent her. Its a big mess. Thanks for answering me on this. I guess I need to find a lawyer versed in school education then. My problem is that the only one here in town wants 550 an hr to take the case.

My lawyer talked to us about it, but he is my personal lawyer for custody issues and not well versed in education law. Is there any place I can find a decent lawyer for this?

If your child has an IEP, then he is a special needs child, and there are even more protections for him.

Yes, you need an attorney who knows education law. A divorce lawyer won't know the ins and outs of education law, which can be pretty complex, even if he might be a great attorney otherwise.

You can call your state's Department of Education and ask for a list of attorneys who practice in education law.

If the department doesn't keep such a list, contact your state's bar association and ask for it.

$550 an HOUR? I've never heard of attorney fees being that high, unless the person does celebrity divorce law or something crazy like that.

Thanks so much!! I will call them this morning and get a list.
But yah 550 an hr I couldnt believe it either. My husband said geez at 550 an hr they better be good or where gold to court lol. For now its me and two other moms who arent scared to move forward on this although there were about 10 students involved. I think this lawyer for 550 an hr just successfully won two cases against two school districts so they figure they are worth it? Who knows? Either way thats a bit too rich for my blood.

Thanks again!

Sometimes I think that the going rate here in Indiana is too high -- $150 an hour.

But for some clients, that's not enough, if you know what I mean!

Best of luck to you on your case. Let us know if you have other questions.