Special Ed Advocate - Bullying & Harassment, Getting Help from the School

http://www.wrightslaw.com/nltr/05/nl.1214.htm

1.Bullying & Harassment: School Officials Knew, Failed to Act, Deliberately Indifferent              
A parent filed suit for actual and punitive damages against the school board, superintendent, vice principal and guidance counselor. The complaint alleges that the child was bullied, harrassed in school for years while school personnel looked on, engaged in a conspiracy, did nothing to stop the bullying or protect the child. Finally, the child committed suicide. Two defenses raised by the defendants were that they had immunity and that statute of limitations had run. They also argued that their failure to provide FAPE did not cause the child's suicide. In the pleadings, the parent's attorney argued that "Defendants knew and failed to act in response to the bullying situation, and that at least one defendant made the situation worse when she refused to move from J.D.'s class a student who was a known threat to him, despite her requests ... " The Court held that these allegations were "sufficient to state a claim." The Court added that "Allegations that defendants failure to effectively address J.D.'s special education needs and the ongoing bullying situation support an inference that defendants were deliberately indifferent to J.D.'s rights."

2. Free Pub: Protecting Students from Harassment and Hate Crimes: A Guide for Schools
Protecting Students from Harassment and Hate Crimes: A Guide for Schools is published by the U.S. Department of Education Office for Civil Rights and the National Association of Attorneys General. "Research indicates that creating a supportive school climate is the most important step in preventing harassment. A school can have policies and procedures, but these alone will not prevent harassment. This is the kind of good preventive work the field needs to help ensure that schools provide a safe and welcoming environment for all students." Download Protecting Students from Harassment and Hate Crimes: A Guide for Schools URL: http://www.wrightslaw.com/pubs/ocr.harassment.pdf