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Fact or fiction? Mass hysteria ensues after a realistically portrayed radio newscast warns of an alien invasion. Decades later, rumors swirl at a Boston preparatory school that vampires are found among the student populace. One difference between these two episodes of panic is that people today want to understand their legal recourse for the upheaval and its aftermath.

Slander and Libel Have Limits

A recent news story about rumors of "vampires" found within a private school is a new version of the age-old problem of kids picking on other kids who don't conform to the norm. What recourse, if any, do they have, and against whom? Parents who spring to action and demand their school create an immediate action plan, if none already exists, will likely be frustrated with the actual response time.

Many parents wish they could shield their children from all meanness and cruelty, especially in the school setting. Some may assume that suing a school or school board for the harm resulting from such behaviors is the answer. Filing a suit for "slander" or "libel" are common first thoughts.

"Slander" involves the spoken word, and "libel" involves the printed word. A key element of a slander or libel suit is that it must involve a "false statement of fact". Can the label of "vampire" be construed as a "fact"? Or, if a student is identified in a school newspaper as having committed some crime or having violated a serious school rule, is that a sufficient basis for a libel suit?

Parents should remember, though, that all kinds of relationships exist within schools and the value of an open and candid relationship with teachers and school administrators may well outweigh the short-term satisfaction of getting an immediate "fix" for the problem. Plus, slander and libel can be difficult to prove.

School Policies Should Address "Bullying"

Individual schools and school districts may address how bullying reports are handled. These policies protect the rights of the alleged victims and the alleged "bully", and address potential safety concerns.

Each year, parents should request a current, updated version of their school's student handbook to understand what procedures are in place against bullying and in response to students' claims. An in-person meeting between parents and school administrators can also be requested and will likely be more meaningful (and less threatening) than e-mails or even phone calls.

However, only minimal information about other students will likely be disclosed at such meetings out of the school's concern to protect the privacy of all students. Information such as what, if any, disciplinary measures will be taken or have been taken as to the alleged bully will likely not be disclosed unless that student's parents have specifically authorized the school to do so.

Two "Acts" Allow Access

Parents might think the decisions and workings of the school are completely inaccessible. However, the Freedom of Information Act (FOIA) provides the public with a way to view the work and records of schools and other government entities.

Many states have "Open Meetings Act" laws giving the public access to government proceedings. Such laws often detail which documents, such as the meeting agenda, and notice of the meeting date, can be accessed with a certain number of days advance notice.

Confidential topics discussed only in "closed session" are given more leeway. Such topics include personnel matters, the progress of lawsuits by or against the school, and disciplinary actions of individual students. Even if you aren't allowed into the disciplinary meeting, notice of such a meeting taking place should help ease your mind.

These acts don't apply to private schools such as the Boston Latin School since they aren't part of a district's school board. Additional steps may need to be taken when dealing with private schools.

In bullying cases, there are several steps that can be taken if the situation spirals out of control, but you should also sit down with your child and discuss any problem he or she could be facing at school. Knowing what your school's procedures are beforehand is the first step.

Questions for Your Attorney

• I don't have tolerance for bullying; at the least it interferes with my child's work as a student. Would a letter from an attorney help the school to understand that I'm serious and expect action to be taken under school policy to address a bullying situation?
• Can I take any action against a bully's parents, or can you contact them? I want to stop the bullying before it gets out of hand, and doesn't my child have the right to be protected against bullying?
• Can I get access to general information about how a school or school district has responded to incidents among students such as bullying, harassment or other such conduct? For example, how many bullying incidents were investigated and what actions were taken?

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