Jonathan F. (Jon) Duncan, Tuesday, May 17, 2011 | Filed under: Bullying, IDEA
A federal court in New York recently concluded that the IDEA creates an affirmative duty to remedy disability-related bullying or harassment. Failure to do so may constitute a denial of FAPE in violation of the IDEA. The
case involved a female student who was allegedly bullied and harassed because of her disability. The parents removed her from the public school, placed her in private school and sought reimbursement. The request was denied and the family sought judicial review after exhausting administrative remedies. The federal court allowed the parents' claim to move forward, findings as follows:
When responding to bullying incidents, which may affect the opportunities of a special education student to obtain an appropriate education, a school must take prompt and appropriate action. It must investigate if harassment is reported to have occurred. If harassment is found to have occurred, the school must take appropriate steps to prevent it in the future. These duties of a school exist even if the misconduct is covered by its anti-bullying policy, and regardless of whether the student has complained, asked the school to take action, or identified the harassment as a form of discrimination.
This case is another reminder that allegations of bullying or peer harassment must be taken very seriously. Courts and administrative agencies look unfavorably on school officials who appear to dismiss reported misconduct, especially when tied to a student's disability.