If your child is receiving special education, he or she may have additional rights. If your child’s learning has been hindered because of bullying and/or harassment, his or her right to a Free Appropriate public education may be violated. This is true even if the harassment and/or bullying is not focused primarily on your child’s disability. The school district must offer your child a special education program that allows him or her to make reasonable progress towards their academic and behavioral goals.
What to do if Your Child with a Disability is Being Bullied or Harassed:
Your school district is responsible for taking reasonable steps to see that the school is safe for your child --
· The first step is to contact the teacher to see if the problem can be resolved.
· If the harassment is severe or the teacher is unable to fix the problem promptly, it is important to contact the school leaders such as the principal and the superintendent in writing to explain what is happening to your child.
Remember: Always request that the district’s response to your letter be in writing and don’t forget to keep a copy of your letter for your records. Click here to find a sample letter to write and a guide on how to document the bullying and/or harassment your child is receiving.
It is recommended that you attach the Office of Civil Rights’ letter to your letter before you give it to your school. The Office of Civil Rights’ letter reminds school districts of the laws that prohibit bullying and disability harassment. This letter can be found at --
In addition to your letter, you should also request your school’s anti- harassment grievance policy. (Some districts have it in the student handbook). Once you receive the grievance policy you can file a complaint with the district concerning the harassment your child is experiencing.
If the district fails to remedy the situation, you can also send a complaint to the Division of Compliance of the Pennsylvania Department of Education. The “Complaint Form” can be found at the following website --
DOC complaints should be sent to:
Pennsylvania Department of Education
Bureau of Special Education
Division of Compliance Monitoring and Planning
For assistance on filing a DOC complaint, please call DRN at 215-238-8070.
Parents can also file complaints with the Pennsylvania Human Relations Commission at --
Parents can file a complaint with the Office of Civil Rights at --
Resources Regarding Bullying and Harassment
The Education Law Center
The TASC fact sheet concerning Bullying and Harassment includes definitions, OCR Rulings, and case law on disability harassment and bullying.
For more case law on bullying and harassment, see –
· Case law regarding bullying and disability harassment (Warwick (PA) 48 IDELR 19)
· Chapter 15 regulations on disability discrimination and the complaint process. (Parents should focus on Sections 15.8 and 15.10).
Chapter 15 regulations can be found at --
Websites:
For students:
For parents/teachers:
For Advocates:
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