Students with disabilities are bullied at a higher rate than their typical peers. October is National Bullying Prevention Month, providing a good opportunity to review information about available resources and actions families can take.
According to Disability Scoop magazine, about half of individuals with autism, intellectual disabilities, speech impairments and learning disabilities are bullied at school. The rate of bullying for typical students is about 10 percent.
A student who is identified as having a disability has added layers of protection against bullying. Those protections are upheld by the United States Office for Civil Rights (OCR), which in 2014 issued a Dear Colleague Letter to remind school staff of their obligations to protect students with disabilities against bullying:
“While there is broad consensus that bullying is wrong and cannot be tolerated in our schools, the sad reality is that bullying persists in our schools today, and especially so for students with disabilities,” the letter states. “This troubling trend highlights the importance of OCR’s continuing efforts to protect the rights of students with disabilities through the vigorous enforcement of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 (Title II). It also underscores the need for schools to fully understand their legal obligations to address and prevent disability discrimination in our schools.”
Students on Section 504 Plans and Individualized Education Programs (IEPs) qualify for the protections of a Free Appropriate Public Education (FAPE). Special services, accommodations and programming designed to meet specific, unique needs are what make education “appropriate” for a student with an identified disability. According to OCR, a school’s failure to address bullying can be determined as a denial of FAPE, “when a school knows or should know of bullying conduct based on a student’s disability.”
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