Understanding Your Legal Rights in School Bullying Cases
The bullying epidemic remains pervasive in U.S. schools. Unfortunately, despite more widespread consciousness of the issue, bullying rates stubbornly and frustratingly show no signs of abating. According to data from the National Center for Education Statistics, during the 2021–2022 school year, approximately 19% of students aged 12 to 18 reported being bullied at school. At Legal Ally, we are committed to ensuring that these rights are upheld.
Led by Adam T. Mandell, who brings over 15 years of experience in school law and specialized training in the Dignity for All Students Act (DASA), our firm is uniquely positioned to guide you through the legal complexities of bullying cases. We strive to secure a safe and supportive educational environment for your child.
What Are Your Legal Rights in Bullying Cases?
Parents and students have specific rights when it comes to bullying, and schools are required by law to take appropriate actions to prevent and address bullying. Here’s an overview of the legal rights that parents and students have in bullying cases:
The Right to a Safe Learning Environment
Under federal and state laws, all students have the right to attend school free from discrimination, harassment, and bullying. Schools are legally obligated to maintain a safe environment for all students, and this includes protecting students from bullying based on race, ethnicity, gender, disability, or sexual orientation.
The Dignity for All Students Act (DASA) requires schools to implement policies and procedures for reporting and addressing bullying, including cyberbullying, harassment, and discrimination. If your child has been bullied, the school is required to investigate and take appropriate action to protect your child from further harm.
The Right to Report Bullying and Receive a Response
As a parent, you have the right to report any incidents of bullying that your child has experienced. Schools are obligated to investigate all bullying reports and provide a response that includes steps to stop the bullying. Under the law, schools are also required to inform parents of any bullying incidents that involve their child.
If the school fails to respond to a bullying report or does not take appropriate action, parents have the right to escalate the issue. This may involve requesting a meeting with school officials, filing a formal complaint, or seeking legal action if the school is not fulfilling its responsibilities.
The Right to Academic Accommodations
Bullying can affect a child’s academic performance and overall well-being. Under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA), students who are victims of bullying may be entitled to academic accommodations. This includes adjustments to their school schedule, additional support services, or counseling to help them cope with the trauma caused by bullying.
If bullying has caused a decline in your child’s academic performance or mental health, the school is required to provide the necessary support to ensure that your child can succeed academically and socially.
The Right to Seek Legal Action Against the School
If the school has failed to address bullying effectively or has not followed the proper procedures for handling bullying incidents, parents have the right to take legal action. This can include filing a lawsuit against the school district for failure to protect your child, seeking compensation for the harm caused, or pursuing other legal remedies.
At Legal Ally, Adam T. Mandell has extensive experience representing families in bullying cases. With his background in school law and DASA training, Adam can help you hold the school accountable and ensure that your child’s rights are protected.
A School’s Obligations to Address Bullying
Under state and federal laws, schools have clear responsibilities when it comes to addressing bullying. These obligations include:
Investigating Reports of Bullying: Schools must investigate all bullying reports promptly and thoroughly. This includes interviewing witnesses, gathering evidence, and determining if bullying occurred.
Providing a Safe Environment: Schools are required to take appropriate steps to stop the bullying, including separating the victim from the perpetrator and providing counseling or other support services.
Creating Anti-Bullying Policies: Schools must have policies in place that specifically address bullying prevention, intervention, and reporting. These policies should be made available to students and parents and should outline clear steps for reporting bullying.
Training Staff and Educators: School personnel must be trained to recognize signs of bullying, intervene when necessary, and enforce the school’s anti-bullying policies. This training should also include how to handle bullying related to race, gender, disability, and sexual orientation.
Preventing Retaliation: Schools must protect students from retaliation when they report bullying. This means that the school must ensure that the bullying stops and that the student does not face further harm due to speaking out.
Why Legal Support Matters In School Bullying Cases
When dealing with bullying cases, having an experienced lawyer can make all the difference. Adam T. Mandell has over 15 years of experience in school law and is specially trained in DASA. His background in representing school districts gives him a unique understanding of how schools should respond to bullying and the steps that must be taken to ensure students are protected.
Adam’s deep understanding of bullying laws and his commitment to fighting for families make him an invaluable ally in your child’s journey toward justice. Whether you need help with filing complaints, navigating legal processes, or holding schools accountable, LegalAlly.com is here to support you.
Contact One Of The Most Experienced Anti-Bullying Attorneys Today
If your child is being bullied and the school isn’t taking appropriate action, don’t wait. Legal Ally, led by Adam T. Mandell, is here to ensure your child’s rights are protected and that schools are held accountable for failing to provide a safe learning environment.
Adam’s experience representing school districts for 15 years, combined with completing one of the nation’s most comprehensive anti-bullying training programs (DASA), means that you’ll have a knowledgeable and passionate advocate fighting for your child’s future.
Contact Legal Ally today to request a free case review, schedule a consultation and learn how we can help you take the necessary steps to protect your child.