My Child Is Being Bullied at School. What Are My Legal Options?

Although no single federal anti-bullying law exists, you have legal rights to address bullying under several frameworks, including federal civil rights laws and state protections. Parents can report bullying to school officials, request an investigation, and pursue state or federal remedies when appropriate. All states have anti-bullying policies, often requiring schools to document and investigate reports within specified deadlines. If bullying targets a protected characteristic such as race, national origin, sex, disability, or religion, it may constitute discrimination under civil rights laws.

To learn more about the legal protections available when your child is bullied at school, consult a school and education law attorney in your area. They can direct your next steps.

Legal Protections Against Bullying

Although school bullying is in overall decline, it still occurs, especially for neurodivergent children. No single federal law addresses “anti-bullying” that protects students from bullying.

However, several legal protections protect students from bullying in school.

State Protections

All 50 states have anti-bullying measures. However, requirements vary widely by state; they can include laws, policies, and regulations. These state-level measures are typically the first line of defense and offer strong protections for students. They can help stop bullying.

A typical state anti-bullying law requires a school to report, document, and investigate bullying within a specific number of days. These deadlines are usually stricter than federal law requires. If your child is bullied because of their disabilities, they have additional protections under federal law.

Federal Protections

Bullying can fall under federal civil rights laws when the bullying targets a protected class, such as race, color, national origin, sex, disability, or religion. In some cases, bullying can fall under discriminatory harassment, which is covered under federal civil rights laws.

Regardless of what the conduct is labeled, whether bullying, hazing, or teasing, schools are obligated under these laws to address conduct when it is any of the following:

• Unwelcome and objectively offensive behavior (includes physical bullying, physical assault, derogatory language, threats, cyberbullying, and intimidation)
• Creates a hostile school environment
• Based on a student’s race, color, national origin, sex, disability, or religion

The types of discrimination prohibited in schools are the same as the discrimination civil rights violations address. A school must respond appropriately based on a protected class. The applicable laws include:

• Title VI of the Civil Rights Act of 1964. Severe or persistent bullying that creates a hostile environment that interferes with or limits a student’s ability to benefit from school services is unlawful.
• Title IX of the Education Amendments of 1972. Severe or pervasive bullying that targets a student based on sex, gender, identity, or nonconformity with sex stereotypes violates Title IX. A school violates federal law if it remains deliberately indifferent to actionable harassment and fails to investigate or stop a hostile environment.
• Section 504 of the Rehabilitation Act of 1973. Section 504 guarantees children with 504 plans the right to a free appropriate public education. If bullying interferes with a child with a 504 plan receiving a free appropriate public education, the school must take action.
• Title II of the Americans with Disabilities Act. Prohibits discrimination at school against children with disabilities. When children are bullied because of their disability, the school must take action to protect the child.
• Individuals with Disabilities Education Act (IDEA). Qualifying children are entitled to an individualized education plan (IEP), and IDEA requires a school district to act if bullying interferes with a child’s free appropriate public education.

When an investigation reveals harassment, a school should take steps to end it. StopBullying. gov provides more information on how to get help addressing bullying in school.

Bullying vs. Harassment

Bullying is a broad behavioral category of repeated aggression and intimidation. Harassment becomes a legal matter when conduct is based on a protected characteristic, triggering federal civil rights obligations.

The label matters because it determines which legal remedies apply. When bullying overlaps with harassment based on protected characteristics, schools must address it.

How These Laws Are Enforced

Enforcement of laws that protect students from bullying at school varies. In general, school districts are responsible for addressing harassment and are your first point of contact for enforcement. If the school does not adequately address the bullying, contact the school superintendent’s office or your state’s Department of Education.

You may also contact the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice, Civil Rights Division. These federal departments enforce federal laws.

The enforcement process typically follows this path:

• Internal school reporting and investigation
• Formal complaint to the board of education or school district
• Filing an OCR complaint

The specific enforcement steps in your case depend on the documentation and whether the school knew or should have known and failed to act.

What To Do If Your Child Is Being Bullied

You have probably gone over the steps to take a million times if your child is dealing with a hostile environment. Consider the following steps:

1. Talk with your child. Discuss what your child is experiencing and how it has affected them and their education. Address your child’s needs and show you care about their feelings. Taking this step can support your child’s well-being and empower them to share their full story.
2. Document everything. This includes dates, incidents, witnesses, screenshots, disciplinary action, injuries, and communications.
3. Report incidents of bullying in writing. Keep copies of any communications (texts, emails, and letters) with teachers, counselors, and administrators. Let them know how the bullying is affecting your child.
4. Request copies of the school’s anti-bullying policies. Review your school’s code of conduct to see how it addresses bullying. It should outline the steps you need to take to report bullying and how to contact the right school staff members who can help.
5. Follow up and escalate. If the bullying remains unresolved after a couple of weeks, contact the principal, district, and school board. If the school district does not respond adequately, contact an attorney.
6. Seek support. Regardless of any legal action you will pursue on behalf of your child, seek medical and counseling support, and record the impact on your child’s well-being.

Documentation strengthens both administrative complaints and any future legal action. These steps serve as an essential foundation before considering litigation. Federal law and most state laws require a school to investigate, even if it suspects bullying. The school must investigate the matter, even if the child has not filed a complaint.

Legal Options: Can You Sue?

A civil action may be possible, depending on the circumstances surrounding the bullying your child experienced at school. Common civil claims include:

• Negligence claims
• Civil rights lawsuits
• Personal injury claims
• Intentional infliction of emotional distress

Consulting an attorney to assess the case will help you understand the best course of action. A legal case often begins by exhausting administrative remedies first, which is usually required.

Filing a claim, discovery, negotiation, and potential settlement or trial may follow. An attorney experienced in school and education law can guide you through the practical realities such as timelines, evidence requirements, and how outcomes may vary by jurisdiction. An experienced lawyer can advise you whether the facts support a viable claim.

Who Do You Take Action Against?

Who is responsible in a case involving a child being bullied at school depends on the facts.

• School (or daycare) liability. The school may be liable if it knew about the bullying and failed to respond adequately or if deliberate indifference is at issue.
• The bullying party. You may be able to bring a direct action against the individual responsible for the harm. Collecting against individual defendants may be more difficult than suing an institution. Bringing suit can also be more complicated if a minor is responsible for the bullying.

A legal action may target one or both, depending on negligence and the severity of harm.

When the Bully Is a Minor

In general, you cannot sue minors the same way you sue adults. Many states have “parental responsibility” laws that hold parents financially responsible for willful or malicious acts, often reaching up to any statutory cap.

When a parent knows that their child is bullying a minor but takes no action to prevent the bullying conduct, parents may also be liable for negligent supervision. Recovery may be limited and vary significantly by jurisdiction.

Speak with a School and Education Law Attorney

If you have worked with the school to resolve your child’s bullying issue and it remains ongoing, visit the Super Lawyers directory to find an experienced school and education lawyer in your area. They can assist.