[CO] What to do if your child is repeatedly bullied?

Lexi, Chatbot

I'm sorry to hear about the bullying incidents your child experienced at school. were there any witnesses to these incidents?

Lexi, Chatbot

Have you spoken to a lawyer or considered taking legal action regarding these incidents?

Lexi, Chatbot

Is there anything else the lawyer should know before i connect you? rest assured they’ll be able to help with potential civil suit.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Do you want to know if there is a case against the school specifically?

Jon

Hello, we’d love to hear back from you so we can provide the most accurate answer. Without your clarification, we can only give a general response — but we're here whenever you're ready!

Are you asking if there is a case specifically against the school for failing to supervise and report?

Jon

No problem at all!

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Jon

Based on what you’ve described, there appear to be strong grounds for a civil action against the school district in Colorado for negligence and failure to protect your grandson from foreseeable harm.

1. Legal Duty of Care Under Colorado Law

Schools in Colorado have a statutory and common law duty to protect students from reasonably foreseeable harm, including bullying and acts of violence. This duty arises from both general negligence principles and specific state statutes designed to ensure student safety.

To establish negligence, the plaintiff (in this case, your grandson’s guardian) must show:

1. The school owed a duty of care to the student.

2. The school breached that duty through inaction or inadequate response.

3. The breach directly caused the child’s physical or emotional injury.

4. The child suffered measurable damages, such as trauma, medical expenses, or emotional distress.

This framework follows Colorado Jury Instructions (CJI-Civ. 9:1 et seq.) and aligns with the standards in Casey v. Christie Lodge Owners Ass’n, 923 P.2d 365 (Colo. App. 1996), which defines negligence as a failure to act with the degree of care a reasonable person would under similar circumstances.

2. Anti-Bullying Statutes in Colorado

Colorado has enacted several laws explicitly addressing bullying and requiring schools to take proactive measures:

• Ashawnty’s Law (C.R.S. § 22-32-109.1(2)(a)(X)(A)) — Requires every public school to adopt a comprehensive bullying prevention and education policy, to investigate and address incidents, and to report bullying data to the Colorado Department of Education annually.

• Jack and Cait’s Law (C.R.S. § 22-32-109.1(2)(a)(X)(A.5)) — Strengthens anti-bullying measures, mandates timely parental notification, and requires schools to maintain documentation of reported incidents.

Failure to document or report the first bullying incident constitutes a violation of statutory reporting obligations and may serve as strong evidence of negligent supervision or systemic indifference.

3. The Claire Davis School Saftey Act (C.R.S. § 24-10-106.3)

This landmark statute, enacted after a tragic school shooting, waives governmental immunity in cases where a student is injured or killed by a reasonably foreseeable act of violence that the school failed to prevent.

If the second incident—in which your grandson was rendered unconscious—occurred after the school ignored the initial report, it may qualify as reasonably foreseeable under this Act. The law expressly allows families to bring civil actions for negligence against public schools when harm results from a failure to implement safety protocols or respond appropriately to known threats.

4. Governmental Immunity and Exceptions

While public schools and districts in Colorado are generally shielded by the Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et seq.), immunity is not absolute. Exceptions apply where the school’s conduct falls within statutory waivers — such as those under the Claire Davis Act or where there’s gross negligence in the supervision or protection of students.

Courts have recognized that once a school has notice of a potential threat or prior incident, failure to act may remove immunity protection and establish liability for foreseeable harm.

5. Evidence and Documentation

The facts you’ve described — including:

• The school’s failure to report the first bullying incident;

• The second violent episode resulting in your grandson’s emergency room treatment;

• The involvement of law enforcement and hospital staff; and

• An official police report —

provide substantial evidence of both harm and foreseeability. These records will be crucial in establishing the causal link between the school’s negligence and your grandson’s injuries.

6. Recommended Next Steps

• Consult a Colorado education or personal injury attorney experienced in school negligence and governmental claims.

• Ensure all medical, school, and police documentation is preserved.

• File a Notice of Claim within 182 days of the incident, as required under C.R.S. § 24-10-109, to preserve your right to sue a public entity.

• Discuss whether the case falls under the Claire Davis Act, which allows for a direct civil claim despite immunity.

Jon

It’s also concerning that the school changed your grandson’s schedule instead of addressing the bully directly. That type of response can be seen as inadequate or even harmful, since it effectively punishes the victim rather than the aggressor.

However, there are strict legal steps to follow.

In Colorado, you must file a Notice of Claim within 180–182 days from the date of injury or discovery of the harm.

This notice must include:

• Your name and address,

• A short summary of what happened,

• Names of staff involved,

• The nature of injuries, and

• The amount you’re seeking in damages.

If the incidents are recent, time is of the essence. If they occurred earlier, the case might still be viable depending on when you discovered the full extent of the harm — but that window closes fast.

You should speak with a Colorado personal injury or school law attorney immediately. They can help you:

• Gather all relevant records (school reports, medical documentation, witness statements),

• File everything correctly and on time, and

• Navigate the process of suing a public entity.

Colorado law caps damages at roughly $350,000 per person or $990,000 total if multiple people were harmed.

Jon

Please see the information above and take some time to read through it.

Jon

It’s okay. Do you have any other questions about the law related to this issue? I’m here to assist, so don’t hesitate to reach out with any further inquiries.

Jon

Great! I do hope the information I provided was helpful and addressed your question.

If there’s anything else you need, please don’t hesitate to reach out — I’m always happy to assist. Wishing you a fantastic day ahead!

Jon

Very welcome — glad I was able to help!