The Legal Obligations of Schools to Prevent Bullying:
What Parents Need to Know
Schools are legally required to protect students from bullying, harassment, and discrimination. When they fail to do so, they can and should be held accountable. And many times, schools or school districts have faced costly settlements for failing to do enough to protect students from the devastating consequences.
LegalAlly.com founder and attorney Adam Mandell has taken his commitment to fighting bullying beyond the courtroom by completing the Dignity for All Students Act (DASA) training—one of the most comprehensive anti-bullying programs in the country. Through his work with schools, Adam has gained valuable insight into how administrators often mishandle bullying cases and, in some instances, contribute to the problem. If your child's school isn’t taking action, you have legal rights as a parent—and we’re here to help.
Schools’ Responsibilities in Bullying Cases
Under laws like New York’s Dignity for All Students Act (DASA), schools are required to take several proactive steps to prevent and address bullying. Schools are not only responsible for disciplining bullies—they must also create a culture where bullying is actively discouraged and victims are supported.
Here’s what schools must do under DASA and similar laws:
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Schools are required to provide training for teachers, administrators, and staff on recognizing and properly handling bullying, harassment, and discrimination. Without proper training, many staff members fail to recognize the signs your child is being bullied.
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Each school must have a dedicated individual, typically a principal or district-wide coordinator, to ensure compliance with anti-bullying policies and investigate reports.
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Schools must have written policies, usually included in student handbooks, that explicitly prohibit bullying and outline consequences for violators.
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If bullying is substantiated, schools are legally obligated to report it. Failing to do so may indicate negligence on their part.
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Schools should actively foster a tolerant environment by educating students on respect, diversity, and inclusion to prevent bullying before it starts.
When a school fails in any of these areas, they are not meeting their legal obligations, and parents have every right to take action.
What Happens When Schools Fail to Act?
Despite these legal mandates, many schools mishandle bullying cases, sometimes unintentionally allowing the behavior to continue and escalate. Through his extensive experience in DASA training and investigations, Adam Mandell has worked with school administrators who failed to properly address bullying due to common missteps, such as:
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In one case, an assistant principal treated each bullying report as an isolated incident because different students were involved. They failed to see the larger social group behind the repeated harassment of a single student. Without recognizing the power imbalance and ongoing pattern, the bullying was left unaddressed.
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Another administrator repeatedly dismissed bullying incidents as simple peer conflicts. When the bullied student finally acted out in frustration, both students were punished equally. This action further victimized the child who had been suffering all along. This approach completely ignored the mental health support bullied children need.
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Schools sometimes resort to mediation between the victim and the bully. On the surface, this may seem like a sound strategy. After all, mediation is often employed to resolve divorce and child custody battles. However, with bullying cases, mediation can do more harm than good. This is because bullying involves a clear imbalance of power. Therefore, mediation can retraumatize the victim and send the wrong message that bullying is a minor disagreement rather than serious harm, a situation where two school peers just “need to work it out.”
It’s critical for schools to properly recognize and respond to bullying. If your child has been the victim of bullying and the school is failing to take appropriate action, it’s time to consider how to file a complaint against the school for bullying.
If you believe your child's school isn't doing enough to prevent bullying, you don’t have to accept it. You have legal rights as a parent, and there are steps you can take to hold the school accountable:
Document Everything
Keep records of incidents, including emails, disciplinary reports, and any communication with the school.
Request a Formal Investigation
Submit a written request for a thorough bullying investigation to the school's Dignity Act Coordinator or equivalent position.
Know Your Legal Options
Schools that fail to address bullying may be violating state and federal laws, such as the Individuals with Disabilities Education Act (IDEA) or Title IX.
Seek Professional Help
If the school continues to ignore the problem, consider filing a complaint with the Department of Education or seeking legal support.
What Can Parents Do?
Has Your Child Been The Victim of Bullying At School?
LegalAlly.com Can Help
At LegalAlly.com, we understand how devastating bullying can be—not just for children, but for the entire family. Whether your child is suffering from emotional or mental distress, school avoidance, or academic struggles due to bullying, you are not alone.
Attorney and LegalAlly.com founder Adam Mandell underwent training through the Dignity for All Students Act (DASA)—one of the most comprehensive anti-bullying programs in the country. His experience leading investigations of DASA compliance for schools equips him with the knowledge of how to hold schools and school districts accountable and ensure they meet their legal obligations to protect students. If your child’s school has failed to address bullying, LegalAlly.com can help you take action and demand the safe learning environment they deserve.
Don’t wait. Contact us today to discuss your legal options and take the first step in protecting your child.