to approach this case saying quite simply kayla, his client, did nothing wrong. listen. >> it's our position that that is not criminal conduct. she didn't credit any crimes when she uttered that she did utter. >> now it appears that sean's attorney is going to file a similar motion asking the judge to dismiss the case because he says his client did absolutely nothing criminal whatsoever, shep. >> shepard: a new school year has just begun. as a result of this case largely there are new rules how schools deal with bullying. >> absolutely. of the massachusetts education department issued new guidelines for this school year saying any teach his or her witnesses or is made aware of any allegations of bullying have to report them. the school then has a duet -- duty to investigate. if they find there is anything, which they believe, simply believe, might rise to criminal conduct, they have to inform the police so. strict new guidelines, shep. >> shepard: jonathan hunt, thank you, sir. we saw some confrontation in a gulf coast community today when the people went face to

but what's different is that at ages 57 and 67 their kayla's primy caregivers. >> kayla's mother and't able to take care of her, and provide for her, and keep her safe. and we were brought in, and we came. >> repter: today one out of every ten kids in america lives with a grandparent. and according to a recent study, the number is growing. one of the main reasons the economy. the number had been slowly rising since 2000 but that number spiked right after the recession started in 2007. >> the condition that our couny is in right now is really exacerbating the changing dynamics in families. we are seeing more grandparents and other relatives stepping in, whether permanent or temporary basis to help raise our children. >> reporter: and it hits white family the haest. between 2007 and 2008 the number of white grandparents taking care of a grandchild rose 9% compared to 2% among blacks and no change for hispanics. >> families who had the means or traditionally thought that it wasn't as culturally appropriate for the family to live together are finding that they need to reach back and to h

. >> reporter: kayla eventually hit 250 pounds. she hit the water even more. she tried an array of diets. >> your stigmatized. even though i was confident, i felt that stigma. i felt the stereotype from friends at school, to people walking down the street. >> reporter: two years ago, kayla was out of options when she and her doctor decided on a weight-loss procedure commonly known as the lap-band where an adjustable band is wrapped around the upper part of the stomach. dividing it into two parts. a port connects to the abdominal wall, allowing food to slowly pass from the upper part of the stomach into the lower. >> i've lost 80 pounds. my life changed, honestly in many ways but most of all, my eating habits and the food that i eat. >> reporter: the lap-band is not fda approved for teens under 18. but kayla feels it shouldn't be based on age, but on potential health risks. >> i don't think it should be something taken away from somebody who needed it. >> reporter: she says she couldn't have lost the weight any other way. >> it's be

kayla will also be moving into the tower next year. >>> one of baltimore's own is receiving a genius grant. he won one of 23 prizes handed out by the mccart they are foundation -- mcarthur foundation. they created the hbo series, the wire and most recently another named company. he is a genius. congratulations to him. >>> still ahead at 5:00 tragedy in texas turns into a crime scene. what we know about the student behind the shooting on campus. right to drive, a push to make the team safer and change driver's license laws. >>> it is a fatal but pre--- fatal but preventable disease and they are offering a freeway to vaccinate your pet. that is coming up next on "eyewitness news." >>> more rain to come, the forecast is coming up with bob. ,,,,,,,,,,,, i'm frank kratovil and i approve this message. the real andy harris. buried in his website - a promise to replace the tax code with a 23% sales tax and eliminate the mortgage interest deduction. a bush tax panel said families would pay $6,000 more a year. a reagan tax advisor calls it a very dumb idea. but that's not his only bad idea. ha

so did kayla and they are attorney said they did not wrong whatever, they never taunted phoebe verbally and they are going to ask the judge to have the charms against them thrown out. >>shepard: from what we read it appears this could be a difficult case for prosecutors. >>reporter: it does according to all legal experts present very difficult challenges not the least of which is proving that if indeed there were verbal tauntses they led directly to her taking her own life. defense lawyers in all of this, excuse me, the prosecution lawyers are going, rather, against lawyers are going to bring up the fact that she had a troubled background and she had a history of depression, and she had, according to her own mother, tried to harm herself in the past. so, a very difficult case, indeed, for prosecutors. >>shepard: thank you from the newsroom. joining in the conversation on our website on "on the hunt," on the lower right of the home page at fox news.com. a federal judge if new york city sentenced a pakistani scientist to 86 years in prison after her conviction on terror charges. the polic

kayla once struggled in school after her parents' divorce. >> at first i didn't want to do anything because i was always down but now i actually want to be a teacher and i want to work here at this school. i am lucky to be here because people care about me and want me to do better. >> reporter: it's a safe, welcoming environment. >> don't know another school that has a fish tank. >> reporter: which at the same time maintainsigorous standards. >> all eight graders take algebra 1. >> reporter: vabulary words are every where. on top of that, after school programs are so popular 86% of the students participate. >> that was ann curry reporting. >>> we've been talking weather this morning. we got some, would you call it dangerous weather or soaking weathe > soaking, you know, two to four inches. there are those areas that typically flood. just be mindful of the fact that the streams, the creeks, rivers will be rising quickly. get your umbrella ready and get set to do some battle with some awfully big rain drop across the area. 69 foggy bottom, now in montgomery county, colesville at 68 degrees. i

my kayla salahi revealed she has multiple sclerosis.ot emotional talking about her condition. >> one thing he have kept a secret is for 17 -- >> this is very emotional. >> it is. i'm sorry. >> can i jump in? >> yes. >> for 17 years she has suffered from multiple sclerosis. >> the real housewives of d.c. stars weighed is often the center of speculation -- wade is often the center of speculation among other stars on the show and denies having an eating disorder. >>> take a look at what these firefighters were facing and no, you're not seeing things. that is a camel. >>> the boardroom for the bakery, taking you inside a culinary creation coming up. >>> our first chuck e. cheese not laughing about it, a new recall. neil cavuto has the story in his business report. >> more than 1/4 people trying to sell their homes cut the asking price last month. that is up from july. to wall street the dow gaining 46 months, closing at the highest level in more than a month. pepsi is getting back in the game. it will once again buy super bowl ads. last yea

. >> reporter: kayla cole once struggled in school after her parents divorce. >> at first i didn't want. i want to work here. >> reporter: at this school? >> i am lucky to be here with people who care about me who want me to do better. >> reporter: it's a safe, welcoming environment. >> and i don't know another school that's got a fish pond. >> reporter: which at the same time maintains rigorous standards. >> all eighth graders take algebra one, that's phenomenal. >> reporter: after school programs are so popular, 86% of the students participate. and perhaps most significant of all, the principal hires teachers not just for their skills, but for their capacity to love. >> i don't just look at can they teach, because i know they can learn the material. i look for do they love kids. >> reporter: teacher edna wright's love spills over. >> i have a passion about what i do. i love this school, i love these children. and i love what we accomplish. >> reporter: in sixth grade, dustin harmon dreams of becoming a teacher, and eight grader ian smith a lawyer. >> if the kids don't come out success

and along with her two daughters, haley and my kayla was held he is tanlg.heir mom hoped the $15,000 would be enough to convince the two men who allegedly broke into her home the night before to spare her family's lives. at the bank, she reaches out for help but has to be discrete because one of the two allege d kidnappers was just outside. the bank manager quietly calls 911. 9:21 a.m., police first learn of the home invasion and hostage situation. >> we have a lady who is in our bank right now who says that her husband and children are being held at their house. the people are in a car outside the bank. she is getting $15,000. that that the police are told they will kill the children and husband. >> reporter: minutes later, she leaves the bank with the ransom money. >> they told her that they wouldn't hurt anybody if she got back there with the money. i think she is walking out now. >> reporter: 9:26 a.m. hawk pettitte gets into the car along with suspect steven hays. the bank manager describes the vehicle to police. officers are dispatched to the house to

this is tony, his wife, sherry, corey and kayla. and what are they doing? well, he works at appleton paper. he has a problem because china has been competing illegally by dumping their paper products into our united states marketplace below our cost of production. now, i know you're thinking, how does that happen? but before i get there, let me read you the hand-written note that mr. swanson sent to me. congressman steve kagen, i've been employed in the paper industry for 18 years. i'm grateful for the ability to provide for my family that the industry has provided. the dumping of foreign paper into the united states from companies that are subsidized by their own governments creates a market lace that seriously threatens my family and countless other families throughout the united states. the ability to sell paper at a price that is less than the cost to produce it places our companies and families at a severe disadvantage. i have been able to maintain employment through four layoffs due to mill sales and the paper mill shutdowns. it's a challenge that me