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Abstract

Bullying is a common occurrence in U.S.’s schools and is currently at the forefront of national attention. Unfortunately, students with disabilities are frequently the targets of peer-on-peer bullying. The purpose of this article is to examine the legal ramifications when students with disabilities are bullied in school settings. We address court cases, state educational agency decisions, Office of Special Education Programs (OSEP) guidance, and Office of Civil Rights (OCR) rulings that have held that bullying may violate Section 504 of the Rehabilitation Act of 1973 and the Individuals With Disabilities Education Act. School personnel must address the bullying of students with disabilities in a quick and efficient manner. In fact, these decisions show that when bullying is not stopped, school district officials and personnel may be subjecting their school districts to legal risks. We end by proposing how school district officials can develop legally sound policies for identifying, investigating, and responding to incidences of bullying of students with disabilities.

Keywords

legal/policy issues disability IDEA bullying

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References

Blake

J. J.

Lund

E. M.

Zhou

Kwok

Benz

M. R.

(2012). National prevalence rates of bully victimization among students with disabilities in the United States. School Psychology Quarterly, 27, 210–222.

Boyce

S. P.

Manna

A. A.

(2011). School liability for bullying and harassment. Leadership Insider: Practical Perspectives on School Law & Policy, 2011, 1–3.

C.L. v. Leander Independent School District, 61 IDELR 194 (M.D. TX 2013).

Caverna (KY) Independent Schools, 106 LRP 35863 (OCR 2006).

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999).

Doe v. Big Walnut Local School District Board of Education, 57 IDELR 74 (S.D. OH 2011).

Estate of Lance v. Lewisville Independent School District, 112 LRP 24543 (E.D. TX (2011).

Fairfield-Suisun (CA) Unified School District, 108 LRP 63938 (OCR 2008).

Gladden

R. M.

Vivolo-Kantor

A. M.

Hamburger

M. E.

Lumpkin

C. D.

(2014). Bullying surveillance among youth: Uniform definitions for public health and recommended data elements, version 1.0. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, and U.S. Department of Education.

10.

Greenport (NY) Union Free School District, 108 LRP 53139 (OCR 2008).

11.

Hartley

M. T.

Bauman

Nixon

C. L.

Davis

(2015). Comparative study of bullying victimization among students in general and special education. Exceptional Children, 8, 176–193. doi:10.1177/0014402914551741

12.

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 et seq.

13.

J.B. v. Mead School District No. 354, 110 LRP 72692 (E.D. WA 2010).

14.

Jacobs

(2012, November). The year in review 2011-2012. Presentation at the Tri-state Special Education Law Conference, Omaha, NE.

15.

K.M. ex rel. D.G. v. Hyde Park Central School District 381 F. Supp. 2nd (2005).

16.

Kriha

D. L.

(2010, November). Stop bullying or star paying: How courts are ruling on a growing epidemic. Presentation at the Tri-state Special Education Law Conference, Omaha, NE.

17.

Kueny

M. T.

Zirkel

P. A.

(2012). An analysis of school anti-bullying laws in the United States. Middle School Journal, 43(4), 22–30.

18.

M.P. v. Independent School District No. 721, 326 F.3d 975 (8th Circuit, 2003).

19.

National Crime Prevention Council. (2015). What is cyberbullying? Retrieved from http://www.ncpc.org/topics/cyberbullying/what-is-cyberbullying

20.

Norlin

J. W.

(2014). Disability-based bullying and harassment in the schools: Legal requirements for identifying, investigating, and responding. Palm Beach Garden, FL: LRP Publications.

21.

P.R v. Metro School District of Washington, 55 IDELR 199 (S.D. IN 2010).

22.

Patterson v. Hudson Area Schools, 109 LRP 351 (6th Cir. 2009).

23.

Philadelphia (PA) School District, 109 LRP 351 (6th Cir. 2006).

24.

Rose

C. A.

Espelage

D. L.

(2012). Risk and protective factors associated with the bullying involvement of students with emotional and behavioral disorders. Behavioral Disorders, 37(3), 133–148.

25.

Rose

C. A.

Espelage

D. L.

Monda-Amaya

L. E.

(2009). Bullying and victimization rates among students in general and special education: A comparative analysis. Educational Psychology, 29, 761–776.

26.

Rose

C. A.

Monda-Amaya

L. E.

Espelage

D. L.

(2011). Bullying perpetration and victimization in special education: A review of the literature. Remedial and Special Education, 32, 114–130.

27.

Rose

C. A.

Swearer

S. M.

Espelage

D. L.

(2012). Bullying and students with disabilities: The untold narrative. Focus on Exceptional Children, 45(2), 1–11.

28.

Sacco

D. T.

Silbaugh

Corredor

Casey

Doherty

(2012). An overview if state anti-bullying legislation and other related laws. Los Angeles, CA: Born this Way Foundation. Retrieved from http://cyber.law.harvard.edu/sites/cyber.law.harvard.edu/files/State_Anti_bullying_Legislation_Overview.pdf

29.

Santa Monica-Malibu (CA) Unified School District, 55 IDELR 208 (OCR 2010).

30.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

31.

Swearer

S. M.

Wang

Maag

J. W.

Siebecker

A. B.

Frerichs

L. J.

(2012). Understanding the bullying dynamic among students in special and general education. Journal of School Psychology, 50, 503–520. doi:10.1016/j.jsp.2012.04.001

32.

T.K. v. New York City Department of Education. 56 IDELR 228 (E.D. NY 2011).

33.

U.S. Department of Education, Office of Civil Rights. (2000). Dear colleague letter on bullying and harassment. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html

34.

U.S. Department of Education, Office of Civil Rights. (2010). Dear colleague letter on bullying and harassment. Retrieved from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf

35.

U.S. Department of Education, Office of Civil Rights. (2014). Dear colleague letter on bullying. Retrieved from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf

36.

U.S. Department of Education, Office of Special Education and Rehabilitative Services. (2013). Dear colleague letter on bullying. Retrieved from https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/bullyingdcl-8-20-13.pdf

37.

Williamson (MI) County Schools 56 IDELR 22 (56 OCR 2010).

38.

Yell

M. L.

(2016). The law and special education (4th ed.). Upper Saddle River, NJ: Pearson Education.

39.

Yucaipa-Calimesea (CA) Joint Unified School District, 107 LRP 1805 (OCR 2006).

40.

Zablotsky

Bradshaw

C. P.

Anderson

C. M.

Law

(2014). Risk factors for bullying among children with autism spectrum disorders. Autism, 18, 419–427.

Bullying and Harassment of Students With Disabilities in Schools

Abstract

Keywords

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References