Bullying and Harassment of Students with Disabilities

Publications
#5512.01

Bullying and Harassment of Students with Disabilities

This publication gives a summary of bullying and harassment of students with disabilities.

This publication by Disability Rights California (DRC) and Disability Rights Education & Defense Fund (DREDF) revises and updates the October 1, 2020 publication by DRC with the same name. It gives a summary of bullying and harassment of students with disabilities by doing the following:

  • Explains bullying and harassment;
  • Explains when a school district’s failure to address disability-based bullying and harassment might be disability discrimination;
  • Explains when a school district’s failure to address bullying and harassment might deny a student FAPE; and
  • Gives possible ways to address bullying and disability harassment through the IEP process and other procedures.

What is Bullying?

Bullying is unwanted behavior that involves one person having more power than the other. The imbalance of power may actually exist or may feel like it does. A real or perceived imbalance of power may exist, for example, where there is a difference in physical strength, or in race, religion, disability, immigration status, sexual orientation, gender identity. A bully might use these forms of power to control or harm others. The unwanted behavior is repeated or could be repeated.1

Bullying exists in many forms, such as:

  • Verbal bullying is saying or writing mean things, and can include teasing, name calling, and threatening;
  • Physical bullying is hurting another person’s body or belongings, and can include hitting, tripping, kicking, spitting, pushing, or taking and breaking someone’s things;
  • Social bullying is hurting someone’s reputation or relationships. It can include spreading rumors, leaving someone out on purpose, demanding money or property, or scaring or threatening someone;
  • Cyber-bullying is bullying that happens via things like cell phones, computers, or the Internet. It can include “sending, posting, or sharing harmful, untrue, or mean content about someone else.”2

The law says bullying is words or actions by a student towards another student. To be bullying, the behavior results or could result in:

  • Being afraid of harm to your body or property;
  • Negative effects on physical or mental health;
  • Effects on performance in school; and
  • Effects on participation in school activities and services.3

There is a difference between disputes between classmates and “bullying.” Here are some examples that are probably not bullying:

  • Two students don’t get along and argue back-and-forth repeatedly over the course of a school year, but each student could choose to walk away and not engage in the conflict.
  • A high school student threatens a classmate over a rumor that the classmate spoke to his girlfriend.4
  • A student engages in isolated instances of rough play with another, and the other student gets hurt. But the student initiating the rough-housing does not have more real or perceived power than the other, and the instances are isolated.5

What is Disability Harassment?

Disability harassment is “intimidation or abusive behavior” towards a student based on disability.6 Disability harassment can happen in many different ways. It can include words and name-calling, written statements, or physical actions.7 Disability harassment does not have to be directed at a specific person, does not have to happen repeatedly, and does not have to cause harm on purpose.8 Disability harassment can be done by other students, and also by school employees, such as teachers and administrators. Bullying can also be considered harassment if it is based on a student’s disability.

When harassment stops the student with disabilities from getting to learn or participate in school activities as they normally would, this is called a “hostile learning environment.” Disability harassment can create a hostile learning environment. This happens when the harassment is serious, widespread, and repeated enough that it prevents students with disabilities from participating in or benefiting from school activities or services.9

How Do I Know if My Child is Being Bullied or Harassed?

Pay attention to the child and any changes in their behavior, mood, or appearance such as:

  • Changes in eating and sleeping;
  • Worsening grades and performance in school;
  • Avoiding school, skipping school, being late to school, or expressing dislike of school;
  • Injuries such as cuts, bruises, or torn clothing; and/or
  • Depression, anxiety, loneliness, or low self-esteem.

Sometimes students with disabilities do not know that they are being bullied or harassed. It is important for parents to talk with their child and ask them about their relationships with other students. Some children may not understand that being bullied or harassed is harmful. They might not be able to tell an adult they are being bullied or harassed.10 Because of this, it is important to tell the school about anything that seems like bullying or harassment.

When is Bullying and Disability Harassment a Form of Disability Discrimination?

Unaddressed bullying and disability harassment can be a form of disability discrimination, which is illegal. Federal laws require schools to provide an equal educational opportunity to all students, including students with disabilities. If a school fails to address bullying and disability harassment, that can be a form of discrimination that violates both Section 504 and Title II of the ADA.11

  • Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination based on disability and applies to any school receiving federal money.12
  • Title II of the Americans with Disabilities Act of 1990 (“Title II”) also prohibits discrimination based on disability, but applies to all state and local entities, whether or not they receive federal money.13

Unaddressed bullying or harassment amounts to disability discrimination if the following conditions are met:

  1. A student is bullied based on disability;
  2. The bullying is sufficiently serious to create a hostile environment;
  3. School officials know or should know about the bullying; and
  4. The school does not respond appropriately.14

Once a school knows or should know that disability-based bullying or harassment between students has happened, it must take immediate and appropriate action to investigate.15 If harassment has occurred, the school must take quick and useful steps to try to end the harassment and prevent it from happening again.16

The following are examples of a school’s failure to respond appropriately to bullying and harassment:

  • Ignoring reports of disability-based bullying and harassment;
  • Going through the motions of an investigation, but making only half-hearted attempts, such as failing to follow up on emails to schedule interviews with the parents.17
  • Isolating a student who is being bullied unnecessarily, in an attempt to end the bullying. (See below for more information about this.)

In addition to federal laws, many state laws also protect students from disability discrimination. For example, California public schools have a duty to provide an equal educational opportunity for students.18 Students have the right to “attend classes on school campuses that are safe, secure, and peaceful.”19 Public school students have the right not to be discriminated against or harassed.20 Harassment at school based on disability puts this right to an equal educational opportunity in danger.21 Harassment may also break other civil rights, child abuse, and criminal laws.

When Must Bullying and Harassment Be Addressed in a Student’s IEP?

Even if bullying and harassment does not meet the definition of disability discrimination, school districts still have a separate duty to ensure students with disabilities who are bullied or harassed can access a Free, Appropriate Public Education (“FAPE”). Schools must provide a free and appropriate public education (“FAPE”) to students with disabilities who have either an Individualized Education Program (“IEP”) or 504 Plan.22

When Might Bullying Deny a Student FAPE?

Regardless of whether a student is being bullied or harassed based on their disability or on some other basis, harassment that harms a student with a disability’s learning might deny that student a FAPE if the student’s ability to benefit from their education has been decreased.23

For example, bullying and harassment may make a student fearful or avoidant of attending classes, or may make a student unable to access a teacher’s instruction even if they are present in the classroom.

Once a school learns that a student with a disability is being bullied or harassed, the school must have an IEP meeting to find out the effect of bullying on a student. If a student’s services are affected by the bullying, then a school must fix the situation. This is the case even if the student is being bullied or harassed for some reason that is not related to the student’s disabilities. They must make sure that the student is not denied their education.24

b. How Can Parents Use the IEP Process to Address Bullying

If parents think their child with a disability is being bullied in school, they should tell the school right away. Parents may also request an IEP meeting. An IEP meeting is a good time to speak with school staff about concerns about bullying.

If a parent requests an IEP meeting, the school must convene one. If a parent raises concerns about bullying at the IEP meeting, the IEP team must discuss whether the student’s needs have changed as a result of the bullying and whether the IEP needs to be revised to provide the student a meaningful educational benefit.25

If parents believe that bullying may negatively affect their child or how they are doing in school, they can also make a written request for assessment. Parents can request an assessment of things like their child’s mental and emotional well-being, ability to use appropriate communication and speech skills, and ability to interact socially with peers at school. This assessment can help the parents and the IEP team find the right services to help the impact bullying has on the child and their education.

At the IEP meeting, it is important to bring up that bullying hurts the child’s learning in school. Bullying needs to be addressed in the IEP for the student to receive a FAPE.

There are many goals, accommodations, and services which can be put into a child’s IEP to address bullying. Here are some examples of IEP goals and interventions which can address issues with bullying:

  • Building social skills. A student can learn about appropriate social interaction and learn to tell what is bullying.
  • Developing positive relationships. Students who are able to develop positive relationships and friendships are more likely to have confidence. They then may have more tools to handle bullying.
  • Developing self-advocacy skills. Children can learn appropriate responses to bullying. This includes how and when to tell adults, to say “Stop,” or walk away from stressful situations.
  • Supervision or separation from bullies. The IEP plan can provide for school staff to be present where bullying commonly occurs or take steps to keep the targeted student separated from bullies. For example, hallways or the back of the bus might be places where bullying happens. However, be careful that these measures do not “punish” the child being bullied. They should not place them in an overly restrictive environment or take away chances for positive peer interaction.
  • Counseling or other supportive services. This can be counseling or informal check-ins with a teacher, guidance counselor, or principal who the student can turn to when they are being bullied.
  • Parent counseling and training. Parent counseling may help parents understand the needs of their child and help them gain skills to support the child’s IEP.
  • Educating school staff and/or peers. School staff can be educated about the school’s bullying policy and procedures.

This list does not include every way to address bullying. Like any aspect of an IEP, goals, accommodations, and services should be designed for the child’s unique needs.

What are a School District’s Duties to Address Bullying and Harassment at School?

Prevent

Federal law, many states’ laws, including California, and most school district policies direct schools to have policies against discrimination and bullying in schools. This includes bullying and harassment based on actual traits or traits someone is thought to have, including disability.26

It is best practice for schools to supplement an anti-bullying and harassment policy with evidence-based practices to encourage positive school culture and student interaction and behavior.27

Investigate

School districts must also have a complaint process for complaints about discrimination and bullying in schools.28 The complaint process must include a timeline to investigate and resolve complaints. It must also have an appeal process, in case parents disagree with the school district’s resolution of the complaint.29

School districts must ensure that people who report discrimination, harassment, intimidation, and bullying in school are protected and their identity is not shared with others.30 They must also require school employees take steps to help right away. If a school employee sees an act of discrimination, harassment, intimidation, or bullying, they must help if it is safe to do so.31

You can request a copy of your school district’s discrimination, harassment, intimidation and bullying policy and complaint process. Your school district might have its policy and complaint process available on its website. If your primary language is not English, the complaint process should be translated.32

Address

Once bullying or harassment has been identified, schools must take steps to address it. This can include:

  • Teaching pro-social skills and appropriate behaviors to the student engaging in the bullying;
  • Teaching strategies for responding to the student who is being bullied;
  • Providing counseling and other support services to the students involved;
  • Increasing adult supervision where and when bullying is likely to happen;
  • Reinforcing classroom and schoolwide frameworks and programs that encourage positive school culture and behaviors;
  • Creating a safety plan and self-advocacy goals for the student who is being bullied;
  • Revising the supports and services the students involved receive in their IEP or Section 504 Plan.

This list does not include every way a school can address bullying, as there is no one-size solution to bullying and harassment.

Schools may also take steps to keep the student who is doing the bullying separated from the student who is being bullied. But schools should not change the educational placement or the location of services of the student who is being bullied, even if it is with good intentions to “protect” the student from bullying. If the school believes moving a student who is being bullied is necessary to provide the student FAPE, it must first hold an IEP meeting and discuss the change in placement with the IEP team, including the parent.

While state laws and school district policies often permit schools to suspend or even expel a student from school for engaging in acts of bullying and harassment, the research says punishing students for bullying is not effective at stopping the behavior and can have a negative impact on classroom and school culture overall.33

It is also true that sometimes students who engage in bullying behavior may do so because they also have an unidentified disability-related need that is not being met. Schools should assess students who show this type of behavior to see if they are eligible for behavioral supports and other services that can address these unmet needs. Families can find more information about the rights of students with behavioral needs in Chapter 15 of the Special Education Rights and Responsibilities (SERR) manual.

How Can You Get Help When a School District Fails to Protect a Student with a Disability from Bullying and Harassment?

If a school fails to protect a student with a disability from bullying or harassment, parents may file a complaint with the school district. In California, this is called the Uniform Complaint Procedures (“UCP”). Please check with the District’s website or the District’s office for a copy of the District’s Uniform Complaint Procedures. Parents may also file a UCP Complaint with the Education Equity UCP Appeals Office at the California Department of Education. The website is http://www.cde.ca.gov/re/cp/uc/.

Parents may also file a complaint with the United States Department of Education’s Office for Civil Rights* regarding allegations of disability discrimination that may constitute a violation of Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act. The website is https://www2.ed.gov/about/offices/list/ocr/docs/howto.html.

If the school district does not follow special education laws or procedures or has not implemented what was agreed upon in the child’s IEP, parents may file a complaint with the state educational agency. In California, parents may file a compliance complaint with the California Department of Education. The website is https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp.

Also, if there is a disagreement with the school district regarding what should go into the child’s IEP, parents may wish to request a due process hearing. You can find more information regarding California’s due process and complaint procedures in the Special Education Rights and Responsibilities publication, available online at: https://serr.disabilityrightsca.org/https://serr.disabilityrightsca.org/

*On March 20, 2025, an Executive Order ordered many OCR offices closed (including the San Francisco OCR office) and dramatically cut OCR staff. In June 2026, OCR was moved from the U.S. Department of Education to the U.S. Department of Justice. While parents may still file OCR complaints for discrimination, it is more likely than it was before that complaints may not receive timely responses. For more information about the cuts to the U.S. Department of Education: https://dredf.org/stop-destruction-of-ed/

Sample Complaints

Below are sample complaints about bullying:

  1. Sample Complaint to School Principal
  2. Sample Complaint to California Department of Education for Disability Discrimination
  3. Sample Complaint to California Department of Education for Denial of FAPE
  4. Sample Complaint to the Office for Civil Rights for Disability Discrimination

Other special education related sample letters and forms are available on both the DREDF and DRC websites.

Sample Complaint to School Principal

[Date]

To:
[School Principal’s name] [Name of School]
[School Address]

From:
[Parent’s name]
[Parent’s address including Street Address, City, State and Zip Code]

Re:  [Name of student] Grade [Grade Level]
DOB: [Student’s birth date]

Dear [School Principal]:

I am writing to inform you that my child, [name of student], is being bullied and harassed at school. My child is a student with a disability. My child has the following disability: [specify disability].

She/He/They has/have been harassed by [name of harasser(s)]. This has occurred on [date or approximate period of time], when [describe incident(s) in as much detail as possible].

When this happened [name of witness(es)] witnessed it and [their response]. My child spoke to [names of school staff] about this incident(s) on [date or approximate period of time]. Their response was [describe school staff response]. I became aware of this incident(s) when [describe how you were notified].

[Include if it applies:] I believe that the harassment is on the basis of my child’s disability because [insert reasons]

This bullying and disability harassment has affected my child’s ability to access education and has resulted in the following negative consequences: [describe effects, including physical/emotional injuries or effects, need for medical/psychological treatment, and impact on academic or school activity attendance, participation, and performance].

As you may know, my child is a student with a disability, who has an Individualized Education Plan (IEP)/504 Plan [select, if appropriate]. Federal and state law protect the rights of students with disabilities to be free of bullying and harassment based on disability, which interferes with or denies opportunity to participate in or benefit from education. Even if the bullying and harassment is for some other reason and not specifically based on the child’s disability, federal and state law requires schools to address it if it interferes with the child’s access to FAPE.

Furthermore, California law requires school districts to adopt policies that prohibit discrimination, harassment and bullying, to create a complaint process to receive and investigate complaints of discrimination, harassment and bullying, and to make this policy available to parents and students.

I request to receive a copy of the District’s policy on bullying and harassment. I request that you investigate this issue and resolve it as soon as possible. Please let me know, in writing, the results of your investigation, and what steps you have taken to address this problem, and to ensure it does not happen in the future.

I would also like to request a IEP/504 Plan [choose one, if applicable] meeting to be held as soon as possible in order to discuss possible accommodations, services, and/or supports in order to address this issue.

Thank you for your prompt attention to this matter.

 

[Parent’s Signature]

 

[Date]

 

Sample Complaint to the California Department of Education for Disability Discrimination

[Date]

 

To:
California Department of Education
Sharon Felix-Rochon, Director of Office of Equal Opportunity
1430 N Street, Suite 4206
Sacramento, CA 95814

From:
[Parent’s name]

[Parent’s Address including Street Address, City, State and Zip Code]

 

Dear Ms. Felix-Rochon,

I am writing to file a complaint against [name of school district] because I feel that my child, [name of student] has been wrongfully discriminated against on the basis of his/her/their disability.

[Name of student] is in [grade level] at [name of school]. She/he/they is/are a student with a disability; she/he/they has/have [specify disability]. She/he/they has/have an IEP/504 Plan [select, if applicable].

[Name of student] has been bullied and harassed because of his/her/their disability at school. This occurred on [date or approximate period of time], when [describe incident(s) in as much detail as possible].

When this happened, [name of witness(es)] heard or saw it and [their response]. My child spoke to [name(s) and title(s) of school staff] about these incidents on [date or approximate period of time] and their response was [describe school staff response]. I became aware of this incident when [describe how you were notified].

I believe that this harassing conduct is based on disability because [describe the relationship between the harassment and the student’s disability].

This disability harassment has created a hostile learning environment which has interfered with my child’s ability to access education and has resulted in the following negative consequences: [describe effects, including physical/emotional injuries or effects, need for medical/psychological treatment, and impact on academic and/or school activity attendance, participation, and performance].

[You may file a complaint directly with CDE, but if you filed a complaint with the school district first, then include the following paragraph].On [date you sent letter to school district], I filed a written complaint with the school district and I requested that they investigate and resolve the matter as soon as possible. In response, the school district has [describe school district’s response]. I believe they have failed in their obligation to protect my child from discrimination and harassment based on disability because [describe why their response fails to adequately address disability harassment].

Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, and California Education Code sections 200, 201, 220, 234, and 234.1 protect the rights of students with disabilities to be free of discrimination and harassment based on disability, which interferes with or denies opportunity to participate in or benefit from education.

Furthermore, under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, disability harassment may result in a failure by a school district to provide Free and Appropriate Public Education.

In order to resolve this complaint, I am asking for the following remedies: [indicate what you want the school district to do as a result of your complaint, i.e. counseling for student, compensatory services, training on discrimination and disability harassment for staff/students, modifications to the school district’s policies, etc.].

I have enclosed [indicate any relevant documents/evidence, including letters and other communications, decisions, etc.].

Please feel free to contact me regarding this complaint. Thank you for your prompt attention to this matter.

Sincerely,

 

[Signature]

[Date]

 

Sample Complaint to the California Department of Education for Denial of FAPE

To:
California Department of Education
Special Education Division
Complaint Resolution Unit
1430 N Street, Suite 2401
Sacramento, CA 95814-5901
Email: speceducation@cde.ca.gov

From:
[Parent’s name]

[Parent’s Address including Street Address, City, State and Zip Code]

 

Dear CDE Special Education Division,

I am writing to file a complaint against [name of school district] because I feel the school district has failed to ensure my child, [name of student] receives FAPE.

[Name of student] is in [grade level] at [name of school]. She/he/they is/are a student with a disability; she/he/they has/have [specify disability]. She/he/they has/have an IEP/504 Plan [select, if applicable].

[Name of student] has been bullied and harassed at school. This occurred on [date or approximate period of time], when [describe incident(s) in as much detail as possible].

When this happened, [name of witness(es)] heard or saw it and [their response]. My child spoke to [name(s) and title(s) of school staff] about these incidents on [date or approximate period of time] and their response was [describe school staff response]. I became aware of this incident when [describe how you were notified].

This harassment has impeded my child’s ability to access their education in the following ways: [describe negative effects, including physical/emotional injuries or effects that prevented student from accessing learning, need for medical/psychological treatment, and impact on academic and/or school activity attendance, participation, and performance].

[You may file a complaint directly with CDE, but if you filed a complaint with the school district first, then include the following paragraph].On [date you sent letter to school district], I filed a written complaint with the school district and I requested an IEP meeting to discuss ways to address the bullying and harassment. I requested [insert services, supports, and accommodations that you raised].

In response, the school district has [describe school district’s response]. I believe they have failed in their obligation to provide my child a FAPE because [describe why their response fails to adequately address the bullying/harassment].

Schools have a duty under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 to provide FAPE. This includes an obligation to ensure that a student with a disability who is the target of bullying behavior continues to receive FAPE in accordance with his or her IEP.

In order to resolve this complaint, I am asking for the following remedies: [indicate what you want the school district to do as a result of your complaint, i.e. revisions to the student’s IEP or Section 504 Plan, counseling for student, compensatory services, training on harassment for staff/students, modifications to the school district’s policies, etc.].

I have enclosed [indicate any relevant documents/evidence, including letters and other communications, decisions, etc.].

Please feel free to contact me regarding this complaint. Thank you for your prompt attention to this matter.

Sincerely,

 

[Signature]

[Date]

 

Sample Parent Complaint to the Office for Civil Rights for Disability Discrimination34

[Date]

To:
Office for Civil Rights, Seattle Office
U.S. Department of Education
915 Second Ave, Room 3310
Seattle, WA 98174

From:
[Parent’s name]
[Parent’s Address, including Street Address, City, State and Zip Code]
[Parent’s Telephone Number]
[Parent’s Email Address]

 

Dear Sir or Madam,

I am writing to file a complaint against [name of school district] because I feel that my child, [name of student], has been wrongfully discriminated against on the basis of his/her/their disability. [Name of school district] is located at [school district address, including street address, city, state and zip code].

[Name of student] is in [grade level] at [name of school]. She/he/they is/are a student with a disability; she/he/they has/have [specify disability]. She/he/they has/have an IEP/504 Plan [select, if applicable].

[Name of student] has been bullied and harassed because of his/her/their disability at school. This occurred on [date or approximate period of time], when [describe incident(s) in as much detail as possible].

When this happened, [name of witness(es)] heard or saw it and [their response]. My child spoke to [name(s) and title(s) of school staff] about these incidents on [date or approximate period of time] and their response was [describe school staff response]. I became aware of this incident when [describe how you were notified]. I believe the most recent date that [name of student] was discriminated against was on [date or approximate period of time]. [If discrimination occurred more than 180 days ago, then you will need to explain why you waited until now to file a complaint].

I believe that this harassing conduct is based on disability because [describe the relationship between the harassment and the student’s disability].

This disability harassment has created a hostile learning environment which has interfered with my child’s ability to access education and has resulted in the following negative consequences: [describe effects, including physical/emotional injuries or effects, need for medical/psychological treatment, and impact on academic and/or school activity attendance, participation, and performance].

On [date you sent letter to school district], I filed a written complaint with the school district and I requested that they investigate and resolve the matter as soon as possible. In response, the school district has [describe school district’s response].  I believe they have failed in their obligation to protect my child from discrimination and harassment based on disability because [describe why their response fails to adequately address disability harassment]. [If you have a copy of the school district’s response, include a copy of the response with your letter]. [If you filed a complaint with any other agency or court, please provide the date you filed a complaint, the case number, and the results of that complaint].

Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 protect the rights of students with disabilities to be free of discrimination and harassment based on disability, which interferes with or denies opportunity to participate in or benefit from education. Furthermore, under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, disability harassment may result in a failure by a school district to provide Free and Appropriate Public Education.

In order to resolve this complaint, I am asking for the following remedies: [indicate what you want the school district to do as a result of your complaint, i.e. counseling for student, compensatory services, training on discrimination and disability harassment for staff/students, modifications to the school district’s policies, etc.].

I have enclosed [indicate any relevant documents/evidence, including letters and other communications, complaints, decisions, etc.].

Please feel free to contact me regarding this complaint. Thank you for your prompt attention to this matter.

Sincerely,

 

[Signature] [Date]