Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act (IDEA). A school district's failure to respond to known acts of harassment could result in district liability. In addition to IDEA, Title II of the American's with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) also prohibit school districts from discriminating against students with disabilities.
Employing traditional legal research methods, this paper examines the legal issues surrounding the bullying and harassment of students with disabilities. Legal cases involving disability-based harassment under the IDEA, the ADA, and Section 504 will be coded to determine implications for schools leaders. It is hoped that school leaders will gain a better perspective on disability law and their school's antibullying/harassment policy in order to minimize litigation and more importantly to provide a socially just public schooling environment for all students.
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