All children can become victims of bullying. Unfortunately, studies show that children with disabilities are at a higher risk of bullying and other forms of harassment.
According to a study published by the International Journal of Bullying Prevention, as much as 90 percent of California youth with disabilities experienced bullying. However, more than half of their parents were unsure of how to file a complaint.
Findings like these underline the importance of knowing what protections are there for your child. That said, here is what you need to know about anti-bullying laws for children with special needs—both on the federal and state levels.
What laws protect children from disability-based bullying at school?
Section 504 of the Rehabilitation Act of 1973 bans bullying based on disability. This law applies to all schools receiving federal funding.
Moreover, the Americans with Disabilities Act (1990) prohibits disability-based discrimination, but it governs all state and local entities, regardless of federal funding.
Bullying or harassment can be a form of discrimination and, based on these laws, is considered illegal. Furthermore, bullying can go against civil rights and child abuse laws. In worst cases, bullying or harassment may involve criminal violations.
What are schools’ responsibilities for preventing bullying?
California public schools are legally obligated to provide a free and appropriate public education (“FAPE”) to students with an Individualized Educational Plan (IEP) or 504 Plan. Since bullying can affect a child’s education, schools must prevent or address bullying properly.
For example, if your child experiences bullying, the school must:
- Investigate the incident promptly
- Address the impact of the bullying on your child, such as providing compensatory services
- Make sure the bully’s behavior will not happen again, which can include discipline or counseling
Overall, the school should also have schoolwide anti-bullying policies to prevent this kind of behavior. Similarly, students must have the means to report bullying and seek guidance from staff.
How can parents address bullying through the IEP process?
If you think your child is being bullied at school, tell the school as soon as possible. You may also want to request an IEP meeting, where you can:
- Talk about your concerns
- Discuss the effect of bullying on your child
- Find services to address those effects
The IEP team must develop corrective actions to make sure your child can continue learning in a safe and healthy environment.
Bullying can have significant impacts on children’s physical, emotional and mental well-being. If your child is going through these issues, don’t hesitate to talk to a special education lawyer who can help you understand your child’s legal protections.