Texas Bullying Lawyer & Attorney for Students with IEPs and 504 Plans
Your child is being bullied at school—and the administration isn’t taking it seriously. Mornings turn into meltdowns,
anxiety, or refusal to go. You report it, you’re promised “we’ll look into it,” and then… nothing changes.
Bullying in Texas is a serious issue. Once reported, schools have obligations to investigate and respond. And if your
child has an IEP or 504 plan, federal disability laws may require additional protections and supports.
Need help now?
Book a free discovery call to talk through next steps with a Texas special education attorney.
Fast steps to take right now
- Document everything: dates, locations, names, screenshots (cyberbullying), witness info, and your child’s symptoms and school impact.
- Report in writing: email the principal/administrator so there’s a paper trail.
- Request a meeting: ask for an IEP/ARD or 504 meeting if bullying impacts access to education.
- Ask for a safety plan: a clear plan with who, what, when, and how incidents will be handled.
- If urgent safety risk: escalate to the district office and request immediate protective steps.
What is bullying under Texas law?
Under Texas law, bullying generally requires conduct (a single severe act or a pattern) by one or more students directed
at another student. It can be verbal, written (including electronic communication), or physical, and it must affect the
targeted student in one of these ways:
- Physical harm
- Damage to the student’s property
- Placing the student in reasonable fear of harm to themselves or their property
The conduct must also:
- Be severe or persistent enough to create a threatening, intimidating, or abusive educational environment; or
- Materially and substantially disrupt the educational process or school operations; or
- Infringe on the rights of the bullied student while at school.
See, e.g., Tex. Educ. Code § 37.0832.
Where bullying can occur
Does bullying have to occur at school?
Not always. Texas law can cover off-campus conduct connected to school (bus, school trip, school-sponsored activity).
Cyberbullying can also be covered when it interferes with educational opportunities or substantially disrupts the classroom, school, or school-sponsored activities.
Cyberbullying and David’s Law
Texas passed David’s Law to strengthen protections related to cyberbullying. Schools must include anti-cyberbullying policies,
notify parents when a student is a victim or engaging in bullying behaviors, and provide a way to report bullying (including
anonymous reporting in many policies).
In some situations, cyberbullying may involve law enforcement and additional consequences. If you’re dealing with anonymous
accounts or repeated online harassment, documenting and preserving evidence is critical.
My child has a disability. Does bullying affect education rights?
It can. Under IDEA and Section 504, students with disabilities are entitled to access education with appropriate supports.
If bullying interferes with your child’s ability to receive a meaningful educational benefit, it may trigger obligations to
address the impact through services, accommodations, and safety planning.
Common special education steps when bullying impacts access to education
- Request an IEP/ARD meeting to determine whether bullying is impacting FAPE and whether services/supports must change.
- Amend the IEP to add enforceable supports (supervision, schedule adjustments, check-ins, counseling supports, etc.).
- Create a Bullying Prevention / Safety Plan with specific responsibilities and implementation steps.
- Review placement decisions carefully: schools should not automatically move the bullied student to a more restrictive setting.
Helpful related guides:
• IEP/ARD Meetings
• 504 Plans & Accommodations
What if my child is the bully?
If your child is accused of bullying, act quickly and request the records. If your child has a disability and disciplinary removals
become significant, special education discipline protections may apply.
What if my child has a disability and is facing discipline?
Students with disabilities may be entitled to a Manifestation Determination Review (MDR) in certain discipline situations.
If you’ve received a discipline notice, timelines can move fast.
Related: Discipline & MDR
What are Texas schools required to do about bullying?
Texas law requires districts to adopt and publish bullying policies. District policies often include reporting procedures,
parent notifications, investigation steps, and discipline provisions (including provisions related to students with disabilities).
- Prohibition of bullying and retaliation
- Procedures for reporting bullying
- Investigation procedures and documentation
- Parent/guardian notification procedures
- Counseling options and support resources
- Discipline provisions, including considerations for students with disabilities
My child was injured—what should I do?
- Get medical care if needed and keep records (diagnoses, imaging, prescriptions).
- Document injuries with photos and written notes.
- Request records in writing (incident reports, witness statements if available, communications).
- Meet with administration and request a written safety plan with immediate steps.
Texas has immunity rules that can affect liability claims against educators and districts. These situations are fact-specific.
If your child has sustained serious harm or safety risks are ongoing, talk with an attorney promptly.
Next step:
Book a free discovery call
or call your office to discuss the fastest path to safety and enforceable supports.
How we help
- Evidence and documentation strategy (so the district can’t minimize the issue)
- IEP/ARD or 504 meeting preparation and advocacy focused on enforceable protections
- Safety planning and implementation accountability
- Escalation when needed (district-level resolution, complaints, due process)
Disclaimer: This page provides general information and is not legal advice. Every situation is different.
