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Students with special needs are more likely to be bullied in school. As a parent, you should understand your child's rights, and the actions you can take.
Students with learning, physical, or other disabilities can already have increased challenges in school. Bullying may have a higher impact on these children, and can heavily impact their access to education.
In any student, bullying can:
All of these are things a child with special needs may ALREADY be dealing with, bullying brings their challenges to a new and higher level.
In fact, when a child is bullied, it may be considered harassment when when it is based on a student’s race, color, nationality, sex, disability, or religion.
As a parent of a student with disabilities, it’s important to know the federal laws and resources specifically designed for your child’s situation.
The Office of Special Education Programs (OSEP) has issued a letter on bullying – you can view or download a copy HERE
This letter states that:
“Parents have legal rights when their child with a disability is the target of bullying or harassment related to their disability, […] bullying of a student with a disability that results in the student not receiving meaningful educational benefit constitutes a denial of a free appropriate public education (FAPE) under the IDEA that must be remedied.[1]
[1] Some bullying of students with disabilities may also constitute discriminatory harassment and trigger additional responsibilities under the civil rights laws that OCR enforces, including Section 504, Title II of the ADA, Title VI of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972.”
A student’s IEP or 504 Plan can be used as a tool as part of a plan to deal with bullying. Remember, bullying can significantly disrupt your child’s right to a free appropriate public education (FAPE).
When bullying impacts a child’s participation in learning, the school is required to respond. The school must provide immediate and appropriate action to investigate, communicate with targeted students regarding steps to end harassment, eliminate any hostile environment, and prevent harassment from recurring.
It is likely that the IEP or 504 team is the best group to address appropriate strategies. They are familiar with the student and how their disability impacts them in school. And, YOU, the parent, are a member of this team!
The steps taken and plan created will be different for each situation and child. They may involve peer or self advocacy, physical measures to block the bullying, communication methodologies, talking and education of peers…
The key is that the answer IS NOT the removal of your child from their least restrictive environment (LRE). The bullying must be dealt with so that your child may continue to participate in their LRE.
Bullying is not a simple “right of passage” as children progress through school. It should not be accepted, tolerated, or written off as “normal behavior”. Children with special needs are more likely to be bullied in school, and are more likely to experience significant educational impacts.
As with many things you advocate for with your child, your starting place should be the IEP/504 team, and your complaints and requests should be in writing.
Know your rights by reading through the various documents discussed in this blog entry – remember knowledge is power!
If you want to discuss your child’s situation, or need support advocating for your child’s rights, please feel free to call. 919-510-3180 – I offer a free initial consultation.
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