
A Step By Step Guide to Filing a Complaint Against a School
At Legal Ally, we understand the emotional and psychological toll that bullying can take on students and their families. If your child has been subjected to bullying at school, it’s essential to take the necessary steps to hold the school accountable and ensure that your child is protected.
While navigating the legal process can be overwhelming, an experienced attorney with deep knowledge of the law and school district policies is essential to achieving a successful outcome.
Adam T. Mandell, founder of Legal Ally, has completed training through the Dignity for All Students Act (DASA), one of the most comprehensive anti-bullying programs in the country. His experience with DASA compliance equips him with the expertise needed to fight for students’ rights and ensure schools meet their legal obligations to protect students.
Follow this guide to understand the steps involved in filing a complaint. But remember, having the proper legal representation is crucial for a successful outcome.
Step 1: Document the Bullying Incidents & Preserve Evidence
Before filing a formal complaint, you need to document every incident of bullying your child has experienced. This includes keeping a detailed record of:
Dates and times of the bullying incidents.
Names of the students or staff involved.
Type of bullying (physical, verbal, cyberbullying, etc.).
Evidence (photographs of injuries, screenshots of online harassment, witness statements, etc.).
This documentation will be vital to support your case and ensure that the school cannot dismiss or ignore the situation.
Step 2: Report the Bullying to the School
Once you’ve documented the bullying, report it to the school. It’s important to follow the school’s official reporting procedures. These typically involve:
Submitting a formal complaint to the school principal or other designated staff.
Requesting a meeting to discuss the issue.
Asking for an investigation to be conducted, in line with the school's anti-bullying policy.
Asking the school to address the situation, including developing a safety plan to address the ongoing bullying issue.
If the school fails to take your complaint seriously or does not follow its own procedures, this may indicate a larger issue with compliance that could be addressed legally.
Step 3: Review the School’s Response
After reporting the bullying, you should receive a response from the school, which may include:
The school’s plan for addressing the bullying.
Any actions taken to protect your child (e.g., changing class schedules, providing counseling).
Updates on the status of the investigation.
In the event that you are dissatisfied with the school’s response, pursue any appeal process that may be available, either by escalating the complaint through administration, the school district’s board of education, and/or State agencies such as the department of education or division of human rights.
If the school provides an inadequate response or fails to implement measures that effectively stop the bullying, it’s time to escalate your complaint.
Step 4: Follow up with the School District
If the school’s response is unsatisfactory, the next step is to continue to follow up and file a formal complaint with the school district. Most districts have specific forms or procedures for handling complaints related to bullying and harassment. Your complaint should include:
A clear description of the bullying incidents.
A record of your communications with the school.
Any supporting evidence you have documented.
The school’s failure to take appropriate action.
Filing a complaint with the district is critical if the school is not fulfilling its duty to provide a safe environment for your child. If you do not continue to report ongoing bullying, the school may reasonably believe it’s prior interventions adequately addressed the situation.
Step 6: Take Legal Action
Step 5: Consider Legal Action
If the school district fails to take meaningful action or refuses to provide a safe learning environment for your child, legal action may be necessary. Having an attorney with the experience and knowledge to navigate the complexities of educational law and school district policies is paramount.
Adam T. Mandell has firsthand experience in anti-bullying school compliance policies and school district investigations. He’ll help you assess whether you have a case and guide you through the legal process. With extensive knowledge of anti-bullying laws and legal precedents, Adam can provide the representation needed to obtain a fair settlement or pursue a lawsuit against the school district.
If a lawsuit is the best course of action, your attorney will guide you through the process, including:
Filing a formal lawsuit against the school or school district.
Gathering evidence and witnesses.
Preparing for trial or settlement negotiations.
Remember, schools and school districts have significant legal resources, and it’s essential to have an experienced attorney on your side to ensure your child’s rights are upheld.
Taking legal action against a school or school district for bullying is a complex process that requires precision strategy and ironclad evidence. Adam T. Mandell and the team at LegalAlly.com have the knowledge and experience necessary to hold schools and districts accountable, and our firm is dedicated to advocating for students’ rights and ensuring they receive the justice they deserve.
If your child has been the victim of bullying, don’t wait. Contact us today to discuss your legal options and take the first step in protecting your child’s future.