Bullying & Harassment

The Facts

Bullying of children with disabilities is significant, but there is very little research to document it. Only 10 U.S. studies have been conducted on the connection between bullying and developmental disabilities — but all of them found that children with disabilities were two to three times more likely to be bullied than their nondisabled peers. One study shows that 60 percent of students with disabilities report being bullied regularly, compared with 25 percent of all students.

Bullying Affects a Student’s Ability to Learn

Many students with disabilities are already addressing challenges in the academic environment. When they are bullied, it can directly impact their education. Bullying is not a harmless rite of childhood that everyone experiences. Research shows it can negatively impact a child’s access to education and lead to:

• School avoidance and higher rates of absenteeism
• Decrease in grades
• Inability to concentrate
• Loss of interest in academic achievement
• Increase in dropout rates

Bullying Based on Disability May Be Harassment

The Office for Civil Rights (OCR) and the Department of Justice (DOJ) have stated that bullying may also be considered harassment when it is based on a student’s race, color, national origin, sex, disability, or religion. Harassment behaviors include:

• Unwelcome conduct such as verbal abuse, name-calling, epithets, or slurs
• Graphic or written statements
• Threats
• Physical assault
• Other conduct that may be physically threatening, harmful, or humiliating

Disability Harassment Is a Civil Rights Issue

Parents have legal rights when their child with a disability is the target of bullying or disability harassment. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 are the federal laws that apply if the harassment denies a student with a disability an equal opportunity to education. The Office for Civil Rights (OCR) enforces Section 504 and Title II of the ADA. Students with a 504 plan or Individualized Education Program (IEP) would qualify for these protections.

According to a 2000 Dear Colleague letter from OCR, states and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA) to ensure that a free and appropriate public education (FAPE) is made available to eligible students with disabilities. Disability harassment may result in a denial of FAPE under these statutes.

The letter further explains that harassment of a student based on disability may decrease the student’s ability to benefit from their education and amount to a denial of FAPE.

Students Have Legal Rights Under State Law

Most states have laws that address bullying, and some include information specific to students with disabilities. For more information on Utah laws, visit:

• stopbullying.gov/resources/laws/utah
• schools.utah.gov — search “Bullying”

Many school districts also have individual policies that address how to respond to bullying situations. Contact your local district to request a written copy of its bullying policy.

The Adult Response Is Important

Parents, educators, and other adults are the most important advocates a student with disabilities can have. It is important that adults know the best way to talk with someone in a bullying situation.

Some children are able to talk with an adult about personal matters and may be willing to discuss bullying. Others may be reluctant — the student bullying them may have told them not to tell, or they may fear that telling won’t stop the bullying, or could make it worse.

When preparing to talk with children about bullying, adults should consider how they will handle the child’s questions and emotions. Be prepared to listen without judgment, giving the child a safe place to work out their feelings and determine next steps.

It is never the responsibility of the child to fix a bullying situation. If children could do that, they wouldn’t be seeking the help of an adult in the first place.

The IEP Is a Powerful Resource

Students with disabilities who are eligible for special education under IDEA will have an Individualized Education Program (IEP). The IEP can be a helpful tool in a bullying prevention plan.

Remember, every child receiving special education is entitled to a free, appropriate public education (FAPE), and bullying can become an obstacle to that education. Your child’s IEP team can build in supports to keep them safe and learning.

The Power of Bystanders

More than 50 percent of bullying situations stop when a peer intervenes. Most students don’t like to see bullying, but they may not know what to do when it happens. Peer advocacy — students speaking out on behalf of others — is a unique approach that empowers students to protect those targeted by bullying.

Peer advocacy works for two reasons: students are more likely than adults to see what is happening with their peers, and peer influence is powerful. A student telling someone to stop bullying has much more impact than an adult giving the same advice.

The Importance of Self-Advocacy

Self-advocacy means the student with a disability is responsible for telling people what they want and need in a straightforward way. Students should be involved in the steps taken to address a bullying situation. Self-advocacy is knowing how to:

• Speak up for yourself
• Describe your strengths, disability, needs, and wishes
• Take responsibility for yourself
• Learn about your rights
• Obtain help, or know who to ask, if you have a question

Involving the student who was bullied in deciding how to respond gives them a sense of control, and helps them realize that someone is willing to listen and take action. The Student Action Plan is a self-advocacy resource with three simple steps:

• Define the situation
• Think about how the situation could be different
• Write down the steps to take action

You Are Not Alone

When students have been bullied, they often believe they are the only one this is happening to, and that no one else cares. In fact, they are not alone. It is not up to one person to end bullying, and it is never the responsibility of the child to change what is happening to them. No one deserves to be bullied — all people should be treated with dignity and respect. Everyone has a role to play as schools, parents, students, and the community work together for positive change.