An encouraging note: the federal Department of Education recently sent out an official letter reminding schools that they are required to step in and halt any bullying of students with disabilities:
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In response to an increasing number of complaints, federal officials
are reminding the nation’s schools of their responsibilities to ensure
that students with disabilities are not subjected to bullying.
The U.S. Department of Education said in a “Dear Colleague” letter
to educators Tuesday that schools are obligated under federal law to
step in immediately when bullying of students with disabilities is
suspected and act to halt attacks and prevent any recurrence.
The guidance comes amid what education officials called a “troubling
trend” of “an ever-increasing number of complaints” related to bullying
of kids with disabilities in recent years. Since 2009, the Education
Department’s Office for Civil Rights said it has received more than
2,000 complaints stemming from issues at public schools across the
country.
“While there is broad consensus that bullying cannot be tolerated,
the sad reality is that bullying persists in our schools today,
especially for students with disabilities,” said Catherine E. Lhamon,
assistant secretary for civil rights at the Department of Education.
“Basic decency and respect demand that our schools ensure that all their
students learn in a safe environment.”
The new guidance makes clear that there are protections in place for
students whether they are served in school under the Individuals with
Disabilities Education Act or Section 504 of the Rehabilitation Act.
In cases where students with disabilities are believed to be
experiencing bullying, schools must “take immediate and appropriate
action to investigate the issue and, as necessary, take steps to stop
the bullying and prevent it from recurring,” the Education Department
said.
What’s more, schools must act to ensure that bullying — whether or
not it is based on a student’s disability — does not interfere with a
child’s ability to receive special education or other disability-related
services.
This is not the first time that federal education officials have
spelled out the special responsibilities that schools have to address
bullying of kids with disabilities. Just last year, the Department of
Education told
schools that bullying can lead to a denial of a student’s right under
IDEA to a free and appropriate public education, or FAPE, if it “results
in the student not receiving meaningful educational benefit.”
In addition to its guidance for educators, the Department of Education is also issuing a fact sheet for parents clarifying what they can expect of schools.
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And here is a link to the fact sheet referenced above.
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