Every school year, we receive calls from parents asking about how they can protect their child from being bullied. Bullying is a serious problem for any child. However, bullying is particularly a concern for children with special needs, who may be more vulnerable to bullying than neurotypical peers.
The Importance of Recognizing Bullying
We hope that most children will report bullying to their parents when it occurs. It goes without saying that you can’t stop a problem without knowing that something wrong is happening. We often worry that children will not want to “tattle” on other students, no matter how many lectures there are that there is a difference between “telling” and “tattling.” Or, in other situations, we know of situations where a disabled student may not have the skills to identify and report that bullying is occurring.
Signs Your Child May Be Experiencing Bullying
It’s important for parents to look for signs that their child with special needs is being bullied at school.
- Watch for changes in normal life patterns life eating, sleeping and hygiene
- Pay attention to school avoidance
- Parents should always be on the alert to injuries, such as cuts and bruises, or lost or damaged property
- Determine if your child appears to be withdrawing or avoiding social situations
- Is school performance being affected? In other words, are grades slipping?
- Does you child want to avoid going somewhere to avoid seeing peers?
What to Do if You Suspect Bullying
If a parent notices any of these signs, which could be caused by other factors, the parent should start their own investigation. Once the investigator provides a strong ground for bullying and hopefully there are names, dates and descriptions, the school should be put on notice that bullying is occurring. We recommend that any phone conversations are documented in a follow-up email, since providing notice is a first step in handling a bullying crisis in school.
Steps to Take After Notifying the School
After providing notice to the school that bullying is occurring, parents should also consider taking the other actions:
- Ask the school to conduct an investigation into the bullying;
- Consider asking for a no contact order at school, where the bully is separated from your child;
- Ask for the school to consider restorative justice approaches as a remedy to bullying. Perhaps the conflict can be resolved either through a restorative conference if two students are involved or a restorative circle if a large group of students are perpetrators in the bullying.
- Ask the school to make sure there is supervision not just in classrooms, but in those less structured areas of the school, such as hallways, bathrooms, playgrounds and the bus.
- Make sure that all incidents of bullying are properly documented.
Legal Options When Bullying Persists
Hopefully, once the above actions are taken, your child’s experience at school starts to improve. Nonetheless, as hard as parents and schools might try to correct the problem, sometimes matters get worse. When that occurs and the bullying does not stop, it’s important for parents of special needs students to know their legal options. Here are the avenues available for parents:
- File a complaint with the U.S. Department of Education, Office for Civil Rights, that the educational institution is violating the right to be free from discrimination based on disability. Also, disability harassment typically prevents a student from receiving a free appropriate public education (FAPE), which can be addressed in the complaint.
- Consider filing a complaint with the state department of education;
- Write a demand letter to the school’s superintendent that the bullying stop or there will be a request to meet with the entire board of education. The letter should clearly outline that bullying violates several federal laws, such as Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Amendment Act (ADAA) of 2008, and the Individuals with Disabilities Education Act (IDEA). These laws all protect students from behaviors that interfere with FAPE. The letter should also note that bullying violates various policies of the school district.
No parents wants to escalate a peer issue to litigation, just as much as all parents want their child to thrive and have friends. Sadly, bullying still occurs for a variety of social and emotional factors beyond the control of a parents. It’s best to see if it can be resolved quickly. If the bullying does not stop, parents should consult with legal counsel about the next steps.