What To Do If Your Child Is Bullied In School

Bullying is one serious issue that must never be taken lightly. Not only does it leave long-lasting devastating effects on the victims, but child bullying also adversely affects their quality of life. According to 2019 statistics, one out of every five students is a bullying victim.

No matter what form bullying takes, it needs to be dealt with immediately. If you find out your child is being bullied at any point, you can contact a personal injury attorney and take action against the school and the bully.

Can I Sue My Child’s School for Bullying in Florida? 

Yes, in some cases, you can. If your child is being bullied and the school isn’t doing anything to stop it, you may have the right to take legal action. In Florida, schools are legally required to protect students from bullying and harassment. When they fail to act, or worse, ignore your concerns, they can be held accountable. Legal action may be the path to protecting your child and making sure no other student goes through the same thing.

Below, we’ll walk you through signs your child is being bullied, what Florida law says about bullying in schools, what legal rights you have as a parent, and how we can help you hold the right people accountable.

Signs Your Child Is Being Bullied

There are many forms that bullying in school takes, and legally it is described as a physical, verbal, or mental action by a student that intimidates, harms, or harasses another student. 41% of children who reported being bullied at school told that they think they will be subject to bullying again.

Any child can fall prey to bullying; however, kids with special needs or those who don’t ‘fit in’ can be the most at risk. Following are some of the key signs you need to look out for if you feel that your child or children are being bullied at school:

• Your child has very few friends and is lonely most of the time at school and home.
• Your child seems depressed, sad, or moody all the time.
• There is a fear of going to school.
• You witness unexplained bumps, bruises, and cuts on your child’s body.
• There is a significant decline in your child’s school grades.
• You notice your child is suffering from low self-esteem.
• Your child has frequent nightmares and has trouble falling asleep.

Florida Law: Schools Must Take Bullying Seriously

Under the Jeffrey Johnston Stand Up for All Students Act (Florida Statute §1006.147), every public school in Florida is legally required to implement anti-bullying policies. These policies must address bullying in all forms, including physical, verbal, and cyber, and include clear procedures for reporting and investigating incidents. Schools must:

• Investigate all claims of bullying
• Take steps to stop the harassment
• Protect students from retaliation

The laws also define certain forms of bullying.

What Counts as Bullying Under the Law?

Bullying is more than just kids being mean. Florida law defines bullying as systematically and chronically inflicting physical hurt or psychological distress. This means repeated behavior that causes serious harm, not just one-time conflicts or disagreements. Let’s break it down with real-life examples:

• Verbal harassment or threats: If another student repeatedly calls your child degrading names like “loser,” “freak,” or worse, or threatens to harm them after school, that’s bullying. For example, a classmate who says, “If you come to school tomorrow, I’ll make you regret it,” has crossed into threatening behavior that must be reported.
• Physical violence or intimidation: This includes hitting, tripping, pushing, or even cornering your child in the hallway or bathroom. If your child has unexplained bruises or is scared to go to certain parts of the school, it could be physical bullying. For instance, if a group of students routinely shoves your child against lockers between classes, that’s considered bullying under the law.
• Cyberbullying (texts, social media, DMs): Messages like “You should just disappear,” or group chats where students post embarrassing photos or spread false rumors about your child, qualify as bullying. Even if this happens off campus, schools have a duty to intervene if the behavior affects your child’s safety or ability to learn.
• Social exclusion or humiliation: Imagine your child being left out of group assignments, uninvited to every class party, or made the target of public embarrassment, like having their personal journal read aloud in front of others. These actions might not leave bruises, but they absolutely leave emotional scars.

How Can You Sue a School for Bullying?

It is the school’s legal responsibility to implement an effective anti-bullying policy. All bullying-related incidents must be dealt with immediate and swift actions to prevent any such events from happening in the future again. If your child is being targeted, you have to bring the incident up with the school higher-ups as soon as possible.

According to the law, every school must have a strict policy on bullying, and every parent has the right to see whether it is being endorsed or not. If your child is being bullied and the school ignores it, you may be able to take legal action against:

• The school district (for failure to follow anti-bullying policies)
• Individual school employees (who allowed the abuse to continue)
• The parents of the bully (in some cases of extreme or violent conduct)

The type of school also matters. Public schools can be held accountable under federal laws like Title IX (gender-based harassment) and Section 504 of the Rehabilitation Act (disability-related bullying). Private schools are typically liable under contract and tort law, especially if they fail to follow their own anti-bullying policies.

In most bullying-related lawsuits involving negligence or personal injury, Florida law gives you four years from the date of the incident to file a lawsuit. However, if the case involves a public school or government entity, a notice of claim must be filed within three years, and a formal lawsuit can’t be filed until after a 180-day waiting period.

What Can You Sue For?

If the bullying has caused harm, a lawsuit can seek compensation for:

• Emotional trauma and therapy costs
• Medical expenses
• Costs of transferring schools
• Loss of educational opportunities
• Pain and suffering

Every bullying incident is different, but there are cases when it’s better to speak with a lawyer, to stop bullying, protect your child, and preserve your rights.

When Should You Contact A Personal Injury Attorney?

When is the right time to take legal action when your child is suffering at the hands of consistent buying at school? You may consider contacting a personal injury lawyer if you encounter the following:

• You see no appropriate or strict action taken by the school to make the bullying episodes come to an end.
• You have consistently notified the school that your child is being a victim of consistent bullying.
• The severity of the bullying is too much for your child to bear, and the constant attacks don’t come to an end.
• The bullying episodes are taking a mental and physical toll on your child’s overall health and well-being.

Filing a lawsuit against any school that fails to protect its students from bullying is an effective way to stop this detrimental behavior in its tracks for not just your child but many other children. Such measures are used as a last resort when the school fails to deal with the situation appropriately.

What Legal Actions Can Be Taken?

Parents can choose from a variety of different legal actions if the schools don’t enforce any strict action to stop the students from actively bullying other students. You can choose the best legal option depending upon your goals and the type of bullying your child is experiencing.

The most common choice of actions includes the following:

• You can take legal action against the family of the bully who is tormenting your child.
• If the school isn’t taking any appropriate action, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights against the school district.
• You can file a lawsuit against the school employees who refuse to take any strict action. You can also file a complaint against the school district.
• If the situation has reached an alarming level where your child has been physically assaulted, you can pursue a criminal investigation.

What You Can Do Right Now?

If your child experienced bullying:

1. Document everything. Emails, photos, medical records, text messages.
2. Report the bullying in writing to the school administration.
3. Request a copy of the school’s anti-bullying policy.
4. Keep track of your child’s emotional and academic changes.

If your child is facing ongoing bullying and the school or even the bully’s family refuses to step in, our legal team is here to help. At Steinger, Greene & Feiner, we fight to stop the abuse, hold schools accountable, and give your child the chance to enjoy a safe and healthy school life.

We believe no child should lose their confidence, education, or future because adults failed to act. When schools stay silent, we step in.

Our attorneys have been protecting families across Florida for decades, and we know how to build strong cases that make a difference. From documenting the bullying to pursuing every legal option, we stand by your side every step of the way. Contact us today for a free and confidential case review. We’ll listen, guide you through your options, and fight for the justice your child deserves.