Can Disability Harassment in School Be a Denial of Free Appropriate Public Education?
Students with autism are more likely than their neurotypical peers to become the targets of bullying behavior (PACER). When the relational aggression is specific to the student’s disability, it can be deemed disability harassment. Disability harassment is a violation of three federal laws: the Individuals with Disabilities Education Act (IDEA 2004), Sec. 504 of the Rehabilitation Act (1973), and Title II of the Americans with Disabilities Act (1990).
According to IDEA, students with disabilities are entitled to a free appropriate public education (FAPE) in the least restrictive environment (LRE). The U.S. Department of Education’s Office for Civil Rights has issued a number of “Dear Colleague” letters over the years related to disability harassment, with the 2014 publication clearly stating that the hostile environment in a school resulting from disability harassment can be construed as a denial of FAPE and must be resolved by the school, generally through provisions outlined in the student’s individualized education program (IEP).
If you believe your student is being harassed, review this document for guidance. Three immediate steps include
Talk with the child’s teacher to see whether he or she can help to resolve the problem.
Put your concerns in writing and keep a written record of all conversations and communications with the school.
Ask the school administrator to convene a meeting of the Individualized Education Program (IEP) or the Section 504 teams. Remember that Good Friend, Inc.’s autism awareness-acceptance-empathy in-person and online programs focus their intervention on those who surround the students with autism to equip them to prevent, recognize, and respond to disability harassment.
If the IEP team cannot resolve the issue, take it up with the superintendent. If you have to go outside the district, here are resources for filing complaints:
State Department of Education
U.S. Department of Education, Office for Civil Rights
U.S. Department of Justice, Civil Rights Division