Tag: safety plan

Bullying at School: Resources and the Rights of Students with Special Needs

Posted on by Nicol Walsh

Bullying can affect a child’s safety, well-being, and ability to learn. Student with disabilities who are bullied at school have protections under federal and state laws, and schools may have responsibilities under both bullying policies and disability laws.

A Brief Overview

  • Washington schools have policies and procedures for reporting and responding to harassment, intimidation, and bullying (HIB).
  • Families can report concerns to the school, file a formal HIB complaint, or contact their district’s HIB Compliance Officer.
    • Students with disabilities have protections under federal disability laws, whether or not they have an Individualized Education Program (IEP) or Section 504 Plan. Bullying that interferes with a student’s access to education may raise concerns about the student’s right to a Free Appropriate Public Education (FAPE).
  • If bullying affects a student’s learning, attendance, participation, or access to school, families can ask the IEP or Section 504 team to discuss additional needed supports or changes.
  • HearMeWA is a free, anonymous, 24/7 helpline for Washington youth and young adults up to age 25 to report bullying, safety concerns, or anything that is weighing on them and connect with support.

Introduction

When bullying involves a student with a disability, families may need to consider both the school’s response to the bullying and whether the student’s educational needs have changed. Schools have responsibilities under Washington’s laws on harassment, intimidation, and bullying (HIB). Federal disability and civil rights laws may also apply when bullying affects a student with a disability’s access to education.

This article explains what families can do when a student with a disability experiences bullying, what schools may need to consider, and where students and families can find help.

Transcript:

“When students with disabilities are bullied, schools are legally responsible to end the bullying.

By law, schools must act to restore the safety and well-being of students who are harmed by harassment, intimidation, and bullying.

Those words—harassment, intimidation, and bullying, make an acronym: HIB. This video is about HIB protections for students with disabilities.

Please note that bullying increases the risks for suicide and self-harming behaviors.

For a mental health crisis, call 988.

For crisis help on topics related to sexual orientation and identity, call The Trevor Project: 866-488-7386.

What law says the school must end the bullying and help my student?

Specific anti-bullying protections for students with disabilities come from Section 504, which is part of a federal law, the Rehabilitation Act of 1973.

The civil right to be protected from bullying applies to all students with disabilities, regardless of whether they have a Section 504 Plan or an Individualized Education Program (IEP). These rights are upheld by the Office for Civil Rights—OCR.

Anyone who knows about an incident of harassment, intimidation, and bullying at school or during a school-sponsored activity can file an OCR complaint at the local, state, or federal level.

What does state law require?

Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a person called a HIB Compliance Officer to spread awareness and uphold the laws.

What can parents do?

If your child is bullied at school, ask for the name of your district’s HIB Compliance Officer. Talk to that person about your options and request a HIB complaint form.

If the act included a physical assault or serious property damage, file a police report.

Request an emergency meeting of the IEP or Section 504 team to add supports for the student to ensure emotional and physical safety at school.

What counts as harassment, intimidation, or bullying?

Washington State defines a HIB violation as an intentional act that:

  • Physically harms a student or damages the student’s property,
  • Has the effect of substantially disrupting a student’s education,
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment,
  • Or has the effect of substantially disrupting the orderly operation of school.

A HIB act may be electronic, written, verbal, or physical.

What does a school have to do when a child with a disability is bullied?

The Office for Civil Rights (OCR) requires schools to take immediate and appropriate action to investigate what happened. That means they talk to everyone involved and any witnesses and write a detailed report.

OCR requires the school to stop the bullying now and into the future.

OCR also says that schools must make sure the student who was bullied is helped and not further injured by actions taken in response. The victim should not be suspended, for example.

OCR says: “Any remedy should not burden the student who has been bullied.”

To learn more about federal laws and complaints, contact OCR at 800-421-3481.

Type the word Bullying or Discipline into the search bar at wapave.org to find additional resources.”

End of transcript.

When Bullying Affects a Student With a Disability

Stopping the bullying may not be the only step a school needs to consider for a student with a disability. The U.S. Department of Education’s Office for Civil Rights (OCR) explains that schools must address disability-based bullying or harassment that interferes with or limits a student’s ability to participate in or benefit from school programs, services, or opportunities. Bullying that is not appropriately addressed can interfere with the student’s access to services needed for a Free Appropriate Public Education (FAPE).

Families might notice changes such as:

  • avoiding school or particular classes or activities
  • missing instruction or having difficulty participating
  • difficulty accessing services or accommodations
  • changes in academic progress
  • needing different or additional supports to participate safely at school

If bullying is affecting a child’s education, families can ask the IEP or Section 504 team to discuss what the student needs. The team may need to review services, accommodations, supports, or other parts of the student’s educational program and make changes if needed. A 2014 Dear Colleague Letter from the U.S. Department of Education provides guidance about schools’ responsibilities to ensure students with disabilities continue to receive FAPE.

The U.S. Department of Education maintains a Disability Discrimination: Bullying and Harassment webpage with information about student rights, federal guidance, and anti-bullying protections. OCR also accepts complaints involving disability discrimination, including bullying or harassment that may involve more than one type of discrimination. 

Steps Families Can Take

Families do not have to determine if an incident meets a particular legal definition before sharing a concern with the school. Keeping records and asking clear questions can help families and schools understand what happened, how the student is being affected, and what needs to happen next.

  • Write down what happened. Include dates, locations, people involved, witnesses, and how the incident affected your child. Save emails, messages, screenshots, school notices, and other relevant records.
  • Report the concern to the school. Ask how to submit a HIB incident report or formal complaint. You can also request a copy of the district’s HIB policy and contact your district’s HIB Compliance Officer. The Office of Superintendent of Public Instruction (OSPI) maintains contact information for HIB compliance officers across Washington school districts.
  • Ask how your child will be supported and kept safe. If bullying continues or threatens the student’s health and safety, the district’s HIB Compliance Officer has responsibilities related to helping facilitate safety planning with the family and district staff. This may include a safety plan and identifying trusted adults your child can go to during the school day.
  • Consider the student’s IEP or 504 Plan. Request a meeting to discuss needed supports or changes to help ensure emotional and physical safety. PAVE provides a Sample Letter to Request an IEP Meeting.
  • Keep a record of communications. Make requests in writing and save the school’s responses. Ask what steps will be taken, who is responsible for responding to the concern, and when you can expect an update.
  • Ask for help when you need it. Washington’s Office of the Education Ombuds (OEO) helps families understand and work through concerns involving public schools.
  • Consider civil rights options when appropriate. Families with concerns about disability discrimination can also contact OCR or use OCR’s Complaint Assessment System to learn about filing a civil rights complaint. For additional information about federal civil rights protections, contact OCR at 800-421-3481 (TDD: 800-877-8339).

Washington State Protections and Resources

Washington law (RCW 28A.600.477) requires school districts to have policies and procedures that prohibit harassment, intimidation, and bullying (HIB). Districts also must designate a primary contact for their HIB policy and procedures.

Washington’s definition of HIB includes intentional electronic, written, verbal, or physical acts which:

  • Physically harms a student or damages the student’s property
  • Has the effect of substantially disrupting a student’s education
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
  • Has the effect of substantially disrupting the orderly operation of the school

OSPI’s HIB Prevention and Intervention webpage offers resources for students and families, including a sample HIB Incident Reporting Form and student safety plan templates, available in multiple languages. There is also a link to the emails and/or phone numbers of HIB compliance officers in each school district, sample student safety plans. 

The Governor’s Office of the Education Ombuds (OEO) offers direct support to students and their families. Families can use OEO’s online intake form or call 1-866-297-2597. Language interpretation is available.

Washington youth and young adults up to age 25 can also contact HearMeWA for free, anonymous support 24/7. Young people can reach out about bullying, safety concerns, or anything that is weighing on them online, by phone, or through the HearMeWA app.

Talking With Your Child About Bullying

Sometimes children hear messages about bullying that can make it harder to ask for help or feel supported. Parents and caregivers can help by talking openly about what bullying is and what it is not. Conversations at home can help children recognize bullying, understand that it is not their fault, and feel more comfortable asking for help.

Give your child opportunities to talk without pressure. Listen to what they say, ask what would help them feel safer, and let them know you will work with them as you decide what to do next.

For children with communication, sensory, cognitive, or other disability-related needs, families may need to use different ways to ask about experiences at school or work with trusted school staff to identify changes in behavior, participation, or routines.

PACER Center’s National Bullying Prevention Center offers Help Your Child Recognize the Signs of Bullying, a guide on its Students with Disabilities webpage. The guide can help families talk with their child about bullying, recognize warning signs, and discuss ways to respond.

Crisis Help

Bullying can affect a child’s mental and emotional well-being. If your child needs immediate crisis support, contact:

  • 988 Suicide & Crisis Lifeline: Call, text, or chat 988.
  • Trevor Project (issues related to sexuality): 866-488-7386
  • Native and Strong Lifeline: Tribal-connected youth and adults can call 988 and press 4.
  • HearMeWA: Call, use Get Help Online at the HearMeWA website or use the HearMeWA app to connect with a trained crisis counselor.

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