Legal Representation for Instances of Bullying and Discrimination

When a child is being bullied or discriminated against at school by peers or sometimes school staff, parents often don’t know what steps to take and often students don’t want the parents to notify the school staff for fear of being perceived as a “snitch”. Ongoing bullying adversely affects how they feel about going to school, how they perform academically, and in many cases, their sense of safety in a place where they're supposed to feel protected. Students must believe that they are protected by authority figures in the school setting. They must feel like they can walk through the hallways freely or go to a bathroom without worry. How can a student be available for learning in an environment that is hostile and feels unsafe?

What many parents don't know is that New York State law affords students meaningful legal protections in these situations — and that when schools fail to uphold those protections, families have options.

The Dignity for All Students Act

New York State’s Dignity for All Students Act, commonly referred to as DASA, requires every public school in the state to provide a safe, supportive, and inclusive educational environment free from bullying, harassment, and discrimination. The law covers a broad range of conduct, including harassment based on a student's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex.

Under DASA, schools are required to respond meaningfully when bullying or harassment is reported. They must investigate, take corrective action, and follow through. The law also places affirmative obligations on school staff — including teachers, administrators, and other employees — to intervene when they witness bullying or discrimination of any kind.

When a school fails to respond appropriately, or when the response is superficial and the bullying behavior continues, DASA provides a framework for holding the district accountable.

What Constitutes Bullying Under New York Law

Bullying can take many forms, and not all of them are visible to school staff. The conduct covered under DASA can include verbal harassment and name-calling, physical intimidation, social exclusion and peer manipulation, cyberbullying that originates outside of school but affects the student(s) within the school environment.

The fact that an incident happened off school grounds or through a personal device doesn't necessarily remove the school's responsibility to address the situation and take corrective action— particularly when it creates a hostile environment that follows the student into the classroom.

When the School Isn't Doing Enough

Often parents will come to our firm after months of reporting incidents to the district that have gone unaddressed. They've sent emails. They've attended meetings. They've been told the situation is being monitored, or that the other student has been spoken to, or that both children need to work it out. Meanwhile, their child no longer wants to go to school, their grades are slipping, the student has melt downs upon returning home after school and the bullying is continuing during unstructured and unsupervised times during the school day. Often an incident occurs on a school bus, at recess, in the hallway, or in the bathroom. It rarely will occur in a structured classroom setting in front of a teacher. School staff often state that they have a zero tolerance for bullying and that no bullying is going on in the classroom setting. While this may be true, what about when it is happening behind closed doors.

At this point, knowing your legal rights and having an attorney who can communicate on your behalf can change the dynamic considerably. The Law Offices of Susan J. Deedy & Associates has extensive experience unpacking ongoing bulling scenarios and its effect on a student in an effort to hold the school accountable and create a plan that address the situations once and for all. Our representation can involve strategies that can change the trajectory for a student who is becoming too anxious to go to school. Our support can include:

• Formal Complaints — advising you on how and where to file a DASA complaint, and ensuring it is properly documented and submitted
• School Communication — communicating directly with school administration and district officials on your behalf to demand appropriate action
• Documentation — helping you build a clear record of incidents, the school's responses, and the ongoing impact on your child
• Escalation — proposing and enforcing additional remedies when a school's response remains inadequate.

These are not steps most parents should have to navigate alone, particularly while also managing the emotional toll of watching their child struggle. We are here to help.

Children with Disabilities and Bullying

Students with disabilities are disproportionately targeted for bullying, and when a student with an IEP is being bullied, there can be an additional layer of legal complexity. If the bullying is affecting your child's ability to access their educational program or benefit from the services in their IEP, it may also constitute a denial of their right to a Free Appropriate Public Education under IDEA. These situations can rise to the level of both DASA and special education violations of law — and having an attorney who handles all aspects is crucial.

You Don't Have to Wait for the Situation to Escalate

Families sometimes hesitate to involve an attorney because it feels like an escalation. In reality, early legal involvement often prevents situations from becoming more serious. A well-timed communication from counsel can prompt a school to take the situation seriously and respond appropriately before more significant action becomes necessary.

If your child is being bullied or harassed at school and you feel the district isn't doing enough, the Law Offices of Susan J. Deedy & Associates is here to help. We serve families throughout Long Island — including Nassau County and Suffolk County — as well as New York City and surrounding areas.

Contact us today at (516) 221-8133 or reach out through our online contact form to discuss your child's situation and learn what steps you can take.

Bullying Law FAQ

Q: What Can I Do If My Child Is Being Bullied at School and the School Isn't Helping?

A: If you have reported bullying to school administrators and the response has been inadequate or inconsistent, you have legal options. New York State’s Dignity for All Students Act requires schools to investigate reports of bullying and take meaningful corrective action. When they don't, ensuring that the district has appropriate written notice of the incident(s) through working with an attorney can put an end to the bullying. Having legal counsel communicate on your behalf can often prompt a very different response from the school than a parent acting alone.

Q: Does the Dignity for All Students Act Cover Cyberbullying?

A: Yes. DASA's protections extend beyond the physical school building. Cyberbullying that originates outside of school — through social media, text messages, or other platforms — can still fall under the school's responsibility to address when it creates a hostile environment that affects the student's experience in school. If your child is being harassed online by classmates and it is impacting their ability to participate in school life, that conduct may be covered under DASA regardless of where it originated.

Q: How Do I File a Bullying Complaint Against a School District in New York?

A: Every New York public school is required to have a DASA coordinator who receives all DASA complaints. You should add as much information as possible in the complaint, including the location, time, and setting of the incident, who was present, and whether there was more than one person bullying your child. Each incident should be reported distinctly. If the school-level response is insufficient, complaints can be escalated to the New York State Education Department. An attorney can help you ensure that your complaint is properly documented, submitted to the appropriate parties, and followed up on in a way that creates a clear record. How a complaint is framed and documented from inception can impact how the matter is handled and what remedies are ultimately available.

Q: When Should I Hire a Lawyer for a School Bullying Situation?

A: If you have reported bullying multiple times and the conduct has continued, if your child's grades, attendance, or mental health are being affected, or if the school's response has been dismissive or inconsistent, it is worth speaking with an attorney. Early legal involvement doesn't necessarily mean litigation — in many cases, a communication from counsel is enough to prompt the school to take the situation seriously. Waiting until things escalate further can make the situation harder to resolve and may limit the remedies available to your family. A consultation with the Law Offices of Susan J. Deedy & Associates can help you understand your rights and options.