Bullying Among Children and Youth with Disabilities and Special Needs (page 2)

— Stop Bullying Now! U.S. Department of Health and Human Services HRSA
Updated on Sep 29, 2010

Can bullying of my child be illegal?

Yes. Bullying behavior may cross the line to become "disability harassment," which is illegal under Section 504 of the Title II of the Americans with Disabilities Act of 1990. According to the U.S. Department of Education, disability harassment is "intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student's participation in or receipt of benefits, services, or opportunities in the institution's program" (U.S. Department of Education, 2000). This behavior can take different forms including verbal harassment, physical threats, or threatening written statements. When a school finds out that harassment may have occurred, staff must investigate the incident(s) promptly and respond appropriately.

Disability harassment can occur in any location that is connected with school: in classrooms, in the cafeteria, in hallways, on the playground or athletic fields, or on a school bus. It also can occur during school-sponsored events (Education Law Center, 2002).

What can I do if I think my child is being bullied or is the victim of disability harassment?

  • Be supportive of your child and encourage him or her to describe who was involved and how and where the bullying or harassment happened. Be sure to tell your child that it is not his or her fault and that nobody deserves to be bullied or harassed. Do not encourage your child to fight back. This may make the problem much worse.
  • Usually children are able to identify when they are being bullied by their peers. Sometimes, however, children with disabilities do not realize they are being targeted. (They may, for example, believe that they have a new friend, when in fact, this "friend" is making fun of them.) Ask your child specific questions about his or her friendships and be alert to possible signs of bullying—even if your child doesn't label the behaviors as bullying.
  • Talk with your child's teacher immediately to see whether he or she can help to resolve the problem quickly.
  • If the bullying or harassment is severe, or if the teacher doesn't fix the problem quickly, contact the principal and put your concerns in writing. Explain what happened in detail and ask for a prompt response. Keep a written record of all conversations and communications with the school.
    Ask the school district to convene a meeting of the Individualized Education Program (IEP) team or the Section 504 team, a group convened to ensure that the school district is meeting the needs of its students with disabilities. This meeting will allow you to explain what has been happening and will let the team review your child's IEP or 504 plan and make sure that the school is taking steps to stop the harassment. If your child needs counseling or other supportive services because of the harassment, discuss this with the team.
  • As the U.S. Department of Education (2000) recognizes, "creating a supportive school climate is the most important step in preventing harassment." Work with the school to help establish a system-wide bullying prevention program that includes support systems for bullied children.
  • Sometimes children and youth who are bullied also bully others. Explore whether your child may also be bullying other younger, weaker students at school. If so, his or her IEP may need to be modified to include help to change the aggressive behavior.
  • Be persistent. Talk regularly with your child and with school staff to see whether the behavior has stopped.
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