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?

Schools in Florida cannot ignore bullying. Under the Jeffrey Johnston Stand Up for All Students Act (Fla. Stat. §1006.147), public schools must have written anti-bullying policies and investigate complaints. When a school knows bullying is happening and fails to take reasonable steps to stop it, legal responsibility may follow.

That said, a lawsuit is rarely the first step.

What matters most is notice and documentation. Report the bullying in writing. Keep copies. Escalate concerns if nothing changes. A school must be given a real opportunity to respond before liability becomes an issue.

If the school fails to act, you may have legal options against:

• The school district for negligent supervision or failure to follow required policies
• Individual employees who ignored repeated complaints
• The bully’s parents, in limited cases involving intentional, violent, or extreme conduct, especially if they knew about the behavior and failed to intervene

The type of school affects the legal process.

Public schools are government entities. Before filing a lawsuit, Florida law generally requires:

• A formal notice of claim
• A waiting period (often up to 180 days)
• Compliance with special procedural rules

There may also be limits on damages in claims against government entities. Missing these steps can prevent a case from moving forward.

Public schools may also face liability under federal laws like Title IX (gender-based harassment) and Section 504 (disability-related bullying). In those cases, bullying may qualify as unlawful discrimination if the school is deliberately indifferent after being notified.

Private schools do not fall under the same government immunity rules. Claims may involve negligence, breach of contract, or failure to provide a safe learning environment.

Florida recently shortened certain negligence deadlines up to two years for a lawsuit, and public-school claims have additional notice requirements. Because timing can affect your rights, it’s important to speak with an attorney early.

Not every conflict becomes a lawsuit. Legal action is typically considered when:

• The bullying was serious and repeated
• The school had clear notice
• The school failed to take reasonable action
• Your child suffered measurable emotional, physical, or educational harm

For many families, this isn’t about money. It’s about protection and accountability. When a school ignores repeated warnings, that’s when legal action may become necessary, and that’s when we step in.

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.