Bullying in School
A guide to understanding what you can do to help your exceptional child overcome
disability-based harassment and some of the laws and policies that may help you
advocate for your child.
Right to FAPE: A Free and Appropriate Public Education
If your child has been determined eligible for special education and has an Individualized
Education Plan (IEP), then your child is entitled to FAPE under the federal law called the
Individuals with Disabilities Education Act (IDEA). FAPE means that your child must receive an
appropriate program including special education. The IEP is the plan that schools and parents use
to determine what FAPE needs to look like for an individual child.
SS-A-007 North Carolina Board of Education Policy
In North Carolina, State Board of Education Policy SS-A-007 provides that every local education
agency (or school district) should have a staff person who can provide leadership and training to
the school district in developing policies and procedures to deal with bullying and harassment.
Each district should have policies and procedures to prevent, intervene, investigate, document and
report all acts of bullying and harassment.
Section 504 of the Rehab Act
Section 504 of the Rehabilitation Act is a civil rights law that can protect kids. Although
every child that is eligible for IDEA is also protected under Section 504, some children
who aren’t eligible under IDEA can be eligible under 504.
How is a child eligible under Section 504?
Does your child have a disability that limits a major life function? Would modification of
the general curriculum (like large print text or peer tutors) help your child get the same
benefit from his or her education that other, nondisabled children get? If yes, then your
child may benefit from a 504 plan. Talk to your child’s principal about a plan.
Section 504 specifically protects students against disability based harassment.
Is your child being targeted by bullies because he or she is a diabetic, or visually
impaired or learning disabled?
The Office of Civil Rights in Washington D.C. investigates disability based harassment
that is so severe it creates a hostile environment for children in which they cannot learn.
HOW CAN THIS HELP ME? HANDLE THE BULLYING.
If your child is eligible for an IEP, then you must determine whether the bullying is depriving
your child of FAPE.
Ask yourself:
1) Is the bullying happening when my child should be getting instruction?
2) Is the bullying so severe that my child is not getting the benefit of his IEP?
3) Is my child not making progress towards his or her IEP goals because he is being
harassed?
If you answered these questions yes, then you may be able to address the bullying
through the IEP team. You might also use Section 504 protections. If your child has a
disability, but is ineligible for an IEP, then you might benefit from Section 504
protections. For more about how Section 504 can help you, keep reading.
HAS YOUR EXCEPTIONAL CHILD BEEN A VICTIM OF BULLYING?
First, contact you child’s teachers and / or administrators and alert them to the situation. It is
possible that the school staff is not aware of the problem, or they do not know how bad the problem
is. Give them the benefit of the doubt, and allow them to try to remedy the problem. If you do not
see any action on the part of school administrators, call your district’s central office and ask to speak
to the staff person designated pursuant to SS-A-007 (or the person designated to help prevent
bullying in the schools). Tell this person what has been happening. Ask that person for help in
addressing the problem.
If these measures do not help, and if you think the bullying and harassment is so severe that it is
interrupting your child’s right to a free an appropriate public education, you can contact the parent
consultants at the Exceptional Children’s Division of the NC Department of Public Instruction to
discuss other options.
If your child has a 504 plan or an IEP, and the bullying is so severe that it has created a hostile
environment and your child is prevented from the getting the same education as his or her
nondisabled peers, you can contact the Office of Civil Rights for more information. 800-421-3481/
877-521-2172 TDD or via email ocr@ed.gov or visit OCR’s website
http://www2.ed.gov/about/offices/list/ocr/index.html.
This document contains general information for educational purposes and should not be
construed as legal advice. It is not intended to be a comprehensive statement of the law
and may not reflect recent legal developments. If you have specific questions concerning
any matter contained in this document or need legal advice, we encourage you to consult
with an attorney. Created in 2009 by Disability Rights NC.