Bullying and Students with Disabilities
By: Hillary D. Freeman, Esq. and Ira M. Fingles, Esq.
Hinkle, Fingles & Prior, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Bullying has become a serious problem in schools nationwide, and, according to the Office of
Civil Rights, students with disabilities are increasingly affected.
Bullying can lead to higher dropout rates, violence in school, lower self-esteem,
fewer friends, declining grades, and increased illnesses. Youth with disabilities are particularly
vulnerable and represent a high-risk group for becoming both potential victims and perpetrators of
bullying and teasing.
Disability harassment is a form of both bullying and teasing that is specifically
based on or because of a disability. It creates a hostile environment by denying access to, participation
in, or receipt of benefits, services, or opportunities at school. Equal access to educational
opportunities and benefits can be eroded through bullying, including denial of rights under the
Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, Title
II of the ADA, and the New Jersey Law Against Discrimination (LAD).
Schools have a legal responsibility to ensure that bullying does not occur
and that students are safe. Courts have awarded damages and compensatory education for students
with disabilities who have been victims of bullying.
In 2000, The U.S. Department of Education issued a report requiring that
schools, at a minimum, develop and disseminate an official policy and grievance procedures
that prohibit discrimination based on disability and that address disability harassment.
In addition to school wide prevention efforts, bullying can be addressed
on an individual basis through a student's IEP, with direct instruction, social skills training,
counseling, 'peer buddies,' change in placement and other strategies.
If your child has been bullied, injured or threatened with violence, it
should be taken seriously. If you have any reason to believe your child's safety or life is
in danger, it is important to request a meeting immediately with the Principal or case manager
to discuss how the situation will be addressed. If necessary, you may want to consider other
options, including home-instruction and requesting that your school district place your
child in a different school until the issues are resolved.
Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Bala Cynwyd,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2008 Hinkle, Fingles & Prior, Attorneys at Law. All rights reserved.
