Bullying and Harassment of Students with Disabilities
- Parent Category: ASO WEEKLY DIGEST
(From the FORUM Summer 2012)
Top 10 facts parents, educators and students need to know:
1. The facts – Students with disabilities are much more likely to be bullied than their nondisabled peers.
Bullying of children with disabilities is significant but there is very little research to document it. Only 10 U.S. studies have been conducted on the connection between bullying and developmental disabilities but all of these studies found that children with disabilities were two to three times more likely to be bullied than their nondisabled peers. One study shows that 60 percent of students with disabilities report being bullied regularly compared with 25 percent of all students.
2. Bullying affects a student’s ability to learn.
Many students with disabilities are already addressing challenges in the academic environment. When they are bullied, it can directly impact their education. Bullying is not a harmless rite of childhood that everyone experiences. Research shows that bullying can negatively impact a child’s access to education and lead to:
a. School avoidance and higher rates of absenteeism
b. Decrease in grades
c. Inability to concentrate
d. Loss of interest in academic achievement
e. Increase in dropout rates
3. The definition – Bullying based on a student’s disability may be considered harassment.
The Office for Civil Rights (OCR) and the Department of Justice (DOJ) have stated that bullying may also be considered harassment when it is based on a student’s race, color, national origin, sex, disability, or religion. Harassing behaviors may include:
a. Unwelcome conduct such as verbal abuse, name-calling, epithets, or slurs
b. Graphic or written statements
c. Threats and/or physical assault
d. Other threatening, harmful/humiliating conduct
4. The Federal Laws – Disability harassment is a civil rights issue.
Parents have legal rights when their child with a disability is the target of bullying or disability harassment. Section 504 of the Rehabilitation Act of 1973 (often referred to as ‘Section 504’) and Title II of the Americans with Disabilities Act of 1990 (Title II) are the federal laws that apply if the harassment denies a student with a disability an equal opportunity to education. The Office for Civil Rights (OCR) enforces Section 504 and Title II of the ADA. Students with a 504 plan or an Individualized Education Program (IEP) would qualify for these protections.
According to a 2000 Dear Colleague letter from the Office for Civil Rights, “States and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA), which is enforced by OSERS [the Office for Special Education and Rehabilitative Services], to ensure that a free appropriate public education (FAPE) is made available to eligible students with disabilities. Disability harassment may result in a denial of FAPE under these statutes.”
5. The State Laws – Students with disabilities have legal rights when they are a target of bullying.
Most states have laws that address bullying. Some have information specific to students with disabilities. For a complete overview of state laws, visit Violence Prevention Works.org. Many school districts also have individual policies that address how to respond to bullying situations. Contact your local district to request a written copy of the district policy on bullying.
6. The adult response is important
Parents, educators, and other adults are the most important advocates that a student with disabilities can have. It is important that adults know the best way to talk with someone in a bullying situation. Some children are able to talk with an adult about personal matters and may be willing to discuss bullying. Others may be reluctant to speak about the situation. Adults should be prepared to listen without judgment, providing the child with a safe place to work out their feelings and determine their next steps. It is never the responsibility of the child to fix a bullying situation. If children could do that, they wouldn’t be seeking the help of an adult in the first place.
7. The resources – Students with disabilities have resources that are specifically designed for their situation.
The IEP Students with disabilities, who are eligible for special education under the Individuals with Disabilities Education Act (IDEA), will have an Individualized Education Program (IEP). The IEP can be a helpful tool in a bullying prevention plan. Remember, every child receiving special education is entitled to a free, appropriate public education (FAPE), and bullying can become an obstacle to that education.
Letters Parents should contact school staff each time their child informs them that he or she has been bullied. The letter will alert school administration of the bullying and your desire for interventions. The letter also can serve as your written record when referring to events. The record (letter) should be factual and absent of opinions or emotional statements.
8. The Power of Bystanders – More than 50 percent of bullying situations stop when a peer intervenes.
Most students don’t like to see bullying but they may not know what to do when it happens. Peer advocacy – students speaking out on behalf of others – is a unique approach that empowers students to protect those targeted by bullying.
9. The importance of self-advocacy
Self-advocacy means the student with a disability is responsible for telling people what they want and need in a straightforward way. Students need to be involved in the steps taken to address a bullying situation.
10. You are not alone
When students have been bullied, they often believe they are the only one this is happening to, and that no one else cares. In fact, they are not alone. There are individuals, communities, and organizations that do care. All people should be treated with dignity and respect, no matter what. Everyone has a responsibility – and a role to play – as schools, parents, students, and the community work together for positive change.
PACER’s National Bullying Prevention Center – email: firstname.lastname@example.org
Toll free: 1-888.248.0822