www.pacer.org/publications/bullypdf/BP-18.pdf

www.pacer.org/publications/bullypdf/BP-18.pdf

I know of several cases where students in this district are being bullied by their peers and some personnel.  The district is not addressing it.


The Federal Laws — Disability harassment is a civil rights issue.  parents have legal rights when their child
with a disability is the target of bullying or disability harassment. Section 504 of the Rehabilitation act of 1973 (often referred to as ‘Section 504’) and Title II of the Americans with Disabilities act of 1990 (Title II) are
the federal laws that apply if the harassment denies a student with a disability an equal opportunity to education. The Office for civil Rights (OCR) enforces Section 504 and Title II of the aDa. Students with a 504 plan or an Individualized education program (IEP) would qualify for these protections.

According to a 2000 Dear colleague letter from the Office for civil Rights, “States and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities education act (IDEA),
which is enforced by OSERS [the Office for Special education and Rehabilitative Services], to ensure that a free appropriate public education (FAPE) is made available to eligible students with disabilities. Disability
harassment may result in a denial of FAPE Under these statutes.”

The letter further outlines how bullying in the form of disability harassment may prevent a student with an IEP from receiving an appropriate education: “The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.”

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