ERIC Number: EJ1113826
Record Type: Journal
Publication Date: 2016-Sep
Abstractor: As Provided
Bullying and Harassment of Students with Disabilities in Schools: Legal Considerations and Policy Formation
Yell, Mitchell L.; Katsiyannis, Antonis; Rose, Chad A.; Houchins, David E.
Remedial and Special Education, v37 n5 p274-284 Sep 2016
Bullying is a common occurrence in U.S.'s schools and is currently at the forefront of national attention. Unfortunately, students with disabilities are frequently the targets of peer-on-peer bullying. The purpose of this article is to examine the legal ramifications when students with disabilities are bullied in school settings. We address court cases, state educational agency decisions, Office of Special Education Programs (OSEP) guidance, and Office of Civil Rights (OCR) rulings that have held that bullying may violate Section 504 of the Rehabilitation Act of 1973 and the Individuals With Disabilities Education Act. School personnel must address the bullying of students with disabilities in a quick and efficient manner. In fact, these decisions show that when bullying is not stopped, school district officials and personnel may be subjecting their school districts to legal risks. We end by proposing how school district officials can develop legally sound policies for identifying, investigating, and responding to incidences of bullying of students with disabilities.
Descriptors: Bullying, Disabilities, Legal Responsibility, Victims, Peer Relationship, Court Litigation, Student Rights, Federal Legislation, Public Schools, State Legislation, Educational Policy, School Districts, Civil Rights Legislation, Educational Legislation, Equal Education, Sex Fairness, Gender Discrimination, Board of Education Policy, Professional Development
SAGE Publications and Hammill Institute on Disabilities. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: email@example.com; Web site: http://sagepub.com
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Civil Rights Act 1964; Davis v Monroe County Board of Education; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504); Education Amendments 1972; Title IX Education Amendments 1972