by Vilissa K. Thompson, LMSW
Though the 2013-2014 school year is ending for the summer, the bullying of students with disabilities epidemic has made headline news this academic term. A recent headlining story took place late May in Richmond, California, where a father boarded a school bus, and attacked the student who allegedly bullied his 9-year-old son, who has autism. Burris Hurd was charged with child abuse and corporal injury to a child, and was held in jail on a $50,000 bond.
Reports stated that Hurd’s son identified an 11-year-old student to his father that he claimed had bullied him. Hurd, supposedly inebriated, reacted by grabbing the alleged bully by the hair, pulled and raised the student by his hair out of his seat, and shoved the child on the side of the bus. Hurd also made threats to the suspected bully, and other students on the bus. The bus driver failed to restrain Hurd from assaulting the student nor did he report the attack to school officials.
It was the attacked student who reported the incident to the principal, who then contacted the police department. Both students attend the special education program at Wilson Elementary School in Richmond. It is without saying that Hurd’s actions towards his son being bullied by a student was highly inappropriate, life-threatening, and extremely counterproductive to finding a solution to the program.No adult should ever put his or her hands on a child, whether disabled or not, in any fashion that will yield bodily harm and/or intimidation. Though parents and guardians of children with disabilities tend to be overprotective and on high-alert as to how their child(ren) are treated by others, assaulting someone is never the answer to resolving the issue that may exist.
The Astounding Reality of the Bullying of Students with Disabilities:
According to PACER’s National Bullying Prevention Center, research found that students with disabilities are two to three times more likely to be bullied than their non-disabled classmates. One research study discovered that 60% of students with disabilities have reported experiencing some form of bullying, which is an incredibly higher percentage than non-disabled students who reported being bullied (which was 25%).
How Bullying Affects A Student’s Ability to Learn & Thrive in the Classroom:
The effects of bullying can negatively impact the educational experiences of students with disabilities. Contrary to what we adults would like to believe, bullying is NOT a harmless rite of passage that children endure; its only purpose is to embarrass, ostracize, and belittle the student targeted.
Bullying has the ability to adversely influence the targeted student’s access to education, to the point where the student’s academic success can be jeopardized. Here are some of the devastating effects of bullying on a student’s educational experience:
- School avoidance and higher rates of absenteeism
- Decrease in grades
- Inability to concentrate
- Loss of interest in academic achievement
- Increase in dropout rates
Bullying Based on a Student’s Disability Status is Considered Harassment:
Bullying and harassing behavior can be deemed as:
- Unwelcomed conduct, such as verbal abuse, name-calling, epithets, and/or slurs
- Graphic or offensive language, or written statements
- Threats (verbal or implied through non-verbal communication (i.e., pounding fist into palm))
- Physical assaults
- Other behavioral conducts that may be physically threatening, harmful, or humiliating
The Office of Civil Rights (OCR) and the Department of Justice (DOJ) have both stated that bullying may be considered as harassment when it is based on a student’s identity status(es), such as race, color, national origin, sex, disability, or religion.
The issue of bullying and/or harassment due to a student’s disability status are outlined under two federal policies: Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act (ADA) of 1990. (The OCR is responsible for reinforcing Section 504, and Title II of the ADA.) Students with disabilities who have a 504 plan or Individualized Education Plan (IEP), which are used in addressing, outlining, and implementing any accommodations and resources they may need in the school environment, qualify for the legal protections under these mandates.
The Responsibilities of School Officials in Addressing Bullying:
In the Dear Colleague letter issued by the OCR in 2000:
States and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA), which is enforced by OSERS [the Office for Special Education and Rehabilitative Services], to ensure that a free appropriate public education (FAPE) is made available to eligible students with disabilities. Disability harassment may result in a denial of FAPE under these statutes.
In the letter, the OCR also addressed how bullying and harassment has the potential to stymie a student with an IEP from receiving an educational opportunity that is appropriate for their needs:
The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.
The OCR released another Dear Colleague letter in 2010 as a reminder to school officials of their responsibilities to protecting the civil rights of students with disabilities from bullying and harassment.
Under these federal policies, parents and students have legal rights when bullying and harassment occurs. It is the school administrators and school districts responsibilities to ensure that a non-threatening environment is available to all students, and are to take proactive measures to eliminate situations that may affect a student’s physical and emotional safety, and academic achievement.
What Can Be Done To Combat Bullying:
Responding Appropriately to Bullying Allegations Made by Students with Disabilities
From the headline story covered at the beginning of this article, the parental response was undeniably ineffective in grasping an understanding of what was taking place between the alleged bullying victim and accuser.
Parents/guardians, educators, school district officials, and other adults involved in students’ academic experience, have to realize that they are the frontline advocates for bullied students with disabilities. Advocating for the safety of students and ensuring that students are able to function fully in the school environment should be the top priority for everyone; losing that focus will be ineffectual handling of the situation. Students with disabilities who are bullied need to feel that those who are supposed to protect them will do so. Receiving that protection and support from these adults will allow students to be comfortable in discussing what has transpired between them and their classmate(s) in order to resolve the problem.
One key thing for adults to realize: it is NEVER the bullied students’ responsibility to “fix” the problem; if they could do that, then they would not need adult intervention.
Educate Yourself About What Your State is Doing to Fight Bullying in Our Schools
Bullying and harassment are not only mentioned in federal laws – many states have enacted laws addressing the detrimental effects and responsibilities of schools. StopBullying.gov, a federal resource that provides information about bullying and cyberbullying, targeted populations, and what can be done to ameliorate and extinguish this issue, has a webpage called Policies & Laws that gives you the opportunity to learn about the anti-bullying mandates in your state.
Create a School & Community Environment Where Peer & Self Advocacy are Supported
Allowing students to be stand up for themselves and their classmates when bullying and harassment occurs is a powerful peer supporting mechanism to establish in school and community settings.
Students know who are the “instigators”/”bullies” in their schools, but they may not want to be the one to “snitch” on their friend or classmate. Teaching students that they have a responsibility to stand up for what is right by speaking up when it is necessary has the potential to reduce the occurrence of bullying and harassment by more than 50%. The reason peer advocacy is so effective is because a student who confronts a peer about their bullying behavior resonates more than it would coming from an adult
Teaching self-advocacy to students with disabilities will allow them to find their voice. Learning to be direct about what they need, and when they feel unsafe will eliminate feelings of intimidation or shame due to bullying. Self-advocacy is an empowering tool that students will be able to use not only in the school environment, but also in the workforce, addressing public policies, etc., when they become adults. It is truly never too early to promote self-advocacy to disabled students; it is an imperative life skill to have.
Resources About Bullying in Our Schools
Awareness and action regarding bullying are dire so that all students will can learn in our schools without fear or isolation. StopBullying.gov’s Prevent Bullying page and PACER’s Resources webpage has a plethora of online tools for parents, educators, and students to fight against bullying.
Final Thoughts about Bullying:
We cannot afford to bury our heads in the sand anymore; our students are hurting, and in some cases, are taking their own lives, because of bullying. It is our responsibility as parents/guardians, educators, helping professionals, and community residents to work together to protect and empower our students of all abilities.
(Featured headlining image: Courtesy of JLSL.)