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ERIC Number: EJ989534
Record Type: Journal
Publication Date: 2012-Nov
Pages: 22
Abstractor: As Provided
Reference Count: 68
ISSN: ISSN-1052-6846
The Legal Aspects of Bullying and Harassment of Students with Disabilities: School Leaders' Legal Obligations
Eckes, Suzanne; Gibbs, Jesulon
Journal of School Leadership, v22 n6 p1065-1086 Nov 2012
Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act (IDEA). A school district's failure to respond to known acts of harassment could result in district liability. In addition to IDEA, Title II of the American's with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) also prohibit school districts from discriminating against students with disabilities. Employing traditional legal research methods, this paper examines the legal issues surrounding the bullying and harassment of students with disabilities. Legal cases involving disability-based harassment under the IDEA, the ADA, and Section 504 will be coded to determine implications for schools leaders. It is hoped that school leaders will gain a better perspective on disability law and their school's antibullying/harassment policy in order to minimize litigation and more importantly to provide a socially just public schooling environment for all students. (Contains 3 notes.)
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Davis v Monroe County Board of Education; Education for All Handicapped Children Act; Individuals with Disabilities Education Act; Rehabilitation Act 1973; Rehabilitation Act 1973 (Section 504)