By: Patricia Walsh LD Resources Action Team
As a Middle school student, the child came home agitated and upset informing his Mom that he was not returning to school as a group of boys for weeks were taunting him, becoming physical and calling him names.
This student is different, he is on the Autism Spectrum diagnosed with Asperger’s Syndrome visual processing disorders neurological disorder and an anxiety disorder. Although highly intelligent he lacked social maturity, an inability to recognize emotional cues, reading comprehension ,struggled with anxiety and prone to rapid-fire speech. He had few friends and socially just did not fit in.
Although the school became aware of the bullying situation, they placed blame on the victim. The school failed to address his psychosocial needs in his Individualized Education Program (IEP) and offer protection from the bullying which was interfering with his studies. He missed his last two weeks of his final school semester and graduation.
Sadly, this was 2014 and the only way this family was able to obtain services to protect the student and have the school address his needs in an IEP was by hiring an attorney with a specialty in children with learning disabilities.
Coincidently, the family obtained a copy of an October 21, 2014 US Department of Education Office of Civil Rights “Dear Colleague” Letter to US School Districts that addressed bullying of disabled students. (See link below under rights) This letter along with threatening the school district with a Civil Rights Complaint got the services and protection of this child. Not everyone can hire a lawyer. However, everyone can be informed of what you do in a similar situation.
Fortunately, as a result of social media exposure of bullying much has been written to guide parents and students facing a situation. This blog will discuss the prevalence, types and warning signs of bullying; rights and protection under federal and state regulations and, Information on resources for more information on the subject and filing a complaint.
No Child should face the emotional and/or physical trauma of bullying!
Prevalence
The National Center for Education Statistics and Bureau of Justice Statistics in the 2011 School Crime Supplement shows that between 1 in 3 U.S Students have been bullied at school. In addition, studies obtained by the US Department of Education have shown that students with learning disabilities ,learning problems, visual spatial are two to three times more likely to be bullied than their non-disabled peers and a greater number report being bullied on a regular basis. Bullying is more prevalent in Middle School.
Types of Bullying
Bullying can be direct (occurring in the presence of the individual being bullied) or indirect (the spreading of rumors, passing notes). There are four types of bullying that include broad categories of physical, verbal, relational (an effort to harm the reputation or a relationship) and damage to property.
Verbal, relational and social bullying are most common types of bullying. These include name calling, teasing, spreading rumors or lies, leaving child out of activities/social isolation and threatening remarks. Actions such as pushing, shoving, hitting, slapping or kicking is physical abuse.
Cyberbullying is using an electronic communication tool to threaten, harass or spread rumors about an individual.
Certain bullying actions may be considered harassment when it is based on a type of learning disability student’s disability and can result in criminal charges as a violation of Civil Rights.
Signs and symptoms of Child Bullying
Note that not all children who are bullied exhibit warnings signs.
Some of the indications of child bullying are:
- Declining grades, loss of interest in schoolwork or not wanting to go to school.
- Feeling sick or faking illness.
- Difficulty sleeping or having frequent nightmares.
- Experiencing unexplained bruising or injuries.
- An unexplained loss or destruction of personal Items such as books, clothing, jewelry or theft of money.
- A change in eating habits, avoiding lunch.
- Loss of self-esteem, feelings of hopelessness, depression
- Avoidance of social situations and a loss of friends
- Self-destructive behavior, harming oneself, running away or suicide.
Seek Professional help immediately for a child experiencing physical or emotional trauma, or self-destructive behavior.
Laws and Rights against Bullying
Students with disabilities who are being harassed have legal protections under both Federal and State Laws. If the harassment denies a student with a disability and equal opportunity to an education the following laws apply.
The Individuals with Disabilities Education Act (IDEA), a federal law, guarantees every child with a disability and who qualifies for special education and services must receive a free appropriate public education (FAPE). A student with an IEP would qualify for protection under this law. The Department of Education in each State is tasked with enforcing this law.
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law that prohibits discrimination on the basis of disability. The law ensures that a child identified under the law with a disability who is attending an elementary or secondary school receives accommodations that will ensure their academic success and access to a common learning disabilities environment.
Title II of the Americans with Disabilities Act of 1990 (Title II) prohibits discrimination on the basis of disability in all services, programs and activities provided by State and local governments (such as public school districts, public colleges and universities and public libraries) Both Section 504 and Title II are enforced by the US Department of Justice, Civil Rights Division.
Protection by State and School Districts
Additional protections are provided under State Bullying Prevention Laws and some states include disability – specific protection information. Many school districts now have policies to respond to bullying.
On October 21, 2014 the United States Department of Education, Office of Civil Rights sent a letter to all school districts in the United States to underscore the need for schools to fully understand their legal obligations to address and prevent disability discrimination in our schools.
The letter provides a history of the Department of Education to address disability discrimination and provides guidance on Federal Protections for students with specific learning disability subjected to harassment and bullying and remedies for school districts to investigate attention deficit hyperactivity disorder adhd and prevent bullying and the student’s denial of a FRAPE.
It provides a link for filing a formal complaint with the U.S. Department of Education Office of Civil Rights. (www.2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf)
Resources
StopBullying.gov – a federal government website managed by the U.S. Department of Health and Human Services.
U.S. Department of Education Office of Civil Rights complaint form.
The “Dear Colleague” letter (PDF) dated October 21, 2014, the letter referred to above. The letter contains a wealth of information on Student’s Legal Rights, case study examples, Schools obligations to address disability-based harassment. Contains definitions, and links to file a complaint.
Pacer.org – A not for profit organization founded in 2006 PACER’s National Bullying Prevention Center actively leads social change, so that bullying is no longer considered an accepted childhood rite of passage.
Pacer.org Resources – Provides templates letters for a family to document communication with school staff each time their child informs them that they have been bullied. Tips on self-advocacy for students with a disability. A wealth of information on Educating parents and students on bullying and prevention.
The Pacer Organization website:
“What Parents Should Know About Bullying”
The Pacer Organization launched the “We Will Generation” program to provide resources and training to encourage student engagement and conversation to educate, inspire and support peers to create kinder and safer schools.
Peer intervention is a powerful tool for students to speak out on behalf of others being bullied, especially protecting the most vulnerable.
Knowledge and Self Advocacy-Know your rights, speak out, obtain help.
Read PACER’s “Drama: Is it Happening to You? A “Student Action Plan” a self-advocacy tool.
Finally, it takes student peers, educators, parents and communities to stop bullying. Publicize how wrong this is. If you witness bullying, say something.
Photo Credit: Pixabay
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