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

  • Explains bullying and harassment;
  • Explains school districts’ duties under the law regarding bullying and harassment; 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. Examples of forms of power that can be imbalanced include physical strength, knowing something embarrassing about someone, or popularity. 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

What is Disability Harassment?

Disability harassment is “intimidation or abusive behavior” towards a student based on disability.4 Disability harassment can happen in many different ways. It can include words and name-calling, written statements, or physical actions.5 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.6 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.7

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.8 Because of this, it is important to tell the school about anything that seems like bullying or harassment.

What Laws Govern Bullying and Disability Harassment at School?

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.9

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination based on disability and applies to any school receiving federal money.10 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.11 Bullying and disability harassment can be a form of discrimination that violates both Section 504 and Title II.12 Harassment may also break other civil rights, child abuse, and criminal laws.

California public schools have a duty to provide an equal educational opportunity for students.13 Students have the right to “attend classes on school campuses that are safe, secure, and peaceful.”14 Public school students have the right not to be discriminated against or harassed.15 Harassment at school based on disability puts this right to an equal educational opportunity in danger.16

  1. 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.17 Schools have a duty to 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. They must make sure that the student is not denied their education.18 Disability harassment that harms a student with a disability’s learning might deny that student a FAPE. This is because the student’s ability to benefit from their education has been decreased.19
  2. 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 want to request an IEP meeting. An IEP meeting is a good time to speak with school staff about concerns about bullying.

    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 their child’s mental and emotional well-being. 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 can plan for the student to be watched or shadowed by school staff or 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?

  1. Harassment
    Once a school knows or should know that harassment between students has happened, it must take immediate and appropriate action to investigate.20 If harassment has occurred, the school must take quick and useful steps to try to end the harassment and prevent it from happening again.21
  2. Discipline
    In California, a school district can suspend or expel students from school if they engage in bullying, including cyberbullying.22 Fourth through twelfth grade students can be suspended or expelled. This can happen if the superintendent or the principal finds that the student has participated in harassment, threats or intimidation on purpose. It must be serious enough to affect class work and create a hostile environment.23
  3. Anti-Bullying Policy
    State law says schools must 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.24 School districts must also have a complaint process.25 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.26

    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.27 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.28

    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.29

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 Uniform Complaint Procedures (“UCP”) with the school district. 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 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 due process and complaint procedures in the Special Education Rights and Responsibilities publication, available online at: https://serr.disabilityrightsca.org/

Sample Complaints

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]. I believe that this harassment is based on his/her/their 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].

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. 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

[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 to [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 from Parent of a Student with a Disability Under 18 Years Old to the Office for Civil Rights30

[Date]

 

To:
Office for Civil Rights, San Francisco Office
U.S. Department of Education 50 United Nations Plaza
San Francisco, CA 94102

 

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]

 

 

1 https://www.stopbullying.gov/bullying/what-is-bullying.  (Return to main document)

2 https://www.stopbullying.gov/cyberbullying/what-is-it.  (Return to main document)

3 Cal. Ed. Code Secs. 32261(f), 48900(r)(1).  (Return to main document)

4 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)

5 Dear Colleague Letter, October 26, 2010, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.  (Return to main document)

6 Dear Colleague Letter, October 26, 2010, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.  (Return to main document)

7 Dear Colleague Letter, October 26, 2010, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.  (Return to main document)

8 Dear Colleague Letter, August 20, 2013, available at: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/bullyingdcl-8-20-13.pdf.  (Return to main document)

9 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)

10 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)

11 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)(Return to main document)

12 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)

13 Cal. Ed. Code Sections 201(a)-(c).  (Return to main document)

14 Cal. Ed. Code Section 33261(a).  (Return to main document)

15 Cal. Ed. Code Sections 201(a)-(c).  (Return to main document)

16 Cal. Ed. Code Sections 201(a)-(c).  (Return to main document)

17 Dear Colleague Letter, October 21, 2014, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf.  (Return to main document)

18 Dear Colleague Letter, October 21, 2014, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf.  (Return to main document)

19 Dear Colleague Letter, July 25, 2000, available at: https://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.  (Return to main document)

20 Dear Colleague Letter, October 26, 2010, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.  (Return to main document)

21 Dear Colleague Letter, October 26, 2010, available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.  (Return to main document)

22 Cal. Ed. Code Section 48900(r).  (Return to main document)

23 Cal. Ed. Code Section 48900.4.  (Return to main document)

24 Cal. Ed. Code Sections 234-234.5.  (Return to main document)

25 Cal. Ed. Code Section 234.1(b).  (Return to main document)

26 Cal. Ed. Code Sections 234.1(b)(2)-(3).  (Return to main document)

27 Cal. Ed. Code Section 234.1(g).  (Return to main document)

28 Cal. Ed. Code Section 234.1(b)(1).  (Return to main document)

29 Cal. Ed. Code Section 234.1(b)(4).  (Return to main document)

30 If person discriminated against is age 18 or older, that person will need to sign the complaint for and complete the Office for Civil Right’s consent/release form, available at: https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf.  (Return to main document)