Start with the category, because the remedies are different
California requires every district to adopt a bullying policy, investigate complaints and maintain a uniform complaint procedure under Education Code § 234 et seq. (the Safe Place to Learn Act) and related provisions. That framework is real and enforceable through the district and the state, but California courts have not treated the Act as creating a private right to damages. Families who want money damages generally need a claim built on one of the federal statutes or on a negligence theory that fits the facts.
- Sex-based harassment, including sexual orientation and gender-based harassment: Title IX, 20 U.S.C. § 1681, and Davis v. Monroe County Board of Education (1999) 526 U.S. 629, which requires actual knowledge plus deliberate indifference to harassment severe enough to deprive the student of access to education
- Disability-based harassment: Title II of the ADA and § 504 of the Rehabilitation Act, both of which reach a school's deliberate indifference to known harassment
- Race, color or national origin: Title VI, 42 U.S.C. § 2000d, and the implementing regulations
- Constitutional violations by school officials acting under color of law: 42 U.S.C. § 1983
- Negligent supervision or failure to protect, brought against the district as a public entity
Deliberate indifference is the hinge
Under Davis, a district is liable when it knew about harassment and responded in a way that was clearly unreasonable in light of the known circumstances. That standard is demanding, and it is why the paper trail matters more than the description of the behavior. Reports to teachers, emails, counseling notes, discipline records, incident slips and prior complaints about the same student are what turn "the school did nothing" into a provable case.
Negligence claims against a district
A public entity is vicariously liable for its employees' negligence within the scope of employment under Government Code § 815.2. Courts are cautious about imposing a duty to prevent student-on-student violence, so these claims need facts showing the district knew of a specific risk and failed to take reasonable steps. The claim must be presented in writing within six months under Government Code § 911.2, and suit cannot be filed until it is acted on (§ 945.4).
What a family should do in the first two weeks
- Report in writing, not by phone, and keep the copy
- Ask for the district's bullying policy and its uniform complaint procedure
- Identify the protected category if one applies; that is what shifts the case from a discipline complaint to a civil rights claim
- Document the effect: absences, grades, medical and counseling visits, changes in behavior
- Do not agree to a "no further action" resolution without reviewing what the district actually investigated
Deadlines
Six months to present a government claim for a negligence theory against a district. Two years for the personal injury claim generally. Federal civil rights claims in California are borrowed from the same two-year period. Complaints to the Office for Civil Rights and to the California Department of Education run on separate timelines, and filing one does not preserve the others.
Common questions
Can we sue the school just for failing to stop bullying?
Rarely on that fact alone. The claim usually depends on a protected category (sex, disability, race) and the district's deliberate indifference, or on a negligence theory with facts showing the district knew of a specific danger.
Does it matter that my child never reported it?
It matters. If the district had no knowledge, the federal deliberate-indifference standard is nearly impossible to meet. Notice to a teacher, counselor or coach is notice to the district.
Can we sue the other student's parents?
Sometimes, for the child's conduct and the parents' own negligence in supervision. It is a separate claim with different insurance and rarely the main source of recovery.
What does it cost?
The review costs nothing. If we take the case, the fee structure depends on the claim. Federal civil rights cases can carry statutory attorney's fees under 42 U.S.C. § 1988.