Find us a person who wasn’t teased during school and we’ll show you someone with excellent selective memory. A certain amount of simple teasing is to be expected from kids (even those who know better), and other than reprimanding them, there is not much a teacher can do to stop it.
However, there is a huge difference between teasing some classmates over a lost game of dodgeball during gym class and bullying a student or group of students, and the schools – and you, as parents – absolutely have the right to take action when a student is being bullied. The Federal government defines bullying as “unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.” A one-off comment may not qualify as bullying, but unending verbal, physical or emotional attacks do.
Students’ rights under the laws
Sadly, students with disabilities are often the subject of such behaviors. When the school fails to address and stop such behaviors, the students’ civil rights are being violated under:
- Title IV and Title VI of the Civil Rights Act of 1964, which prohibit discrimination in programs or institutions that receive federal assistance (including schools).
- Title IX of the Education Amendments of 1972, which prohibits discrimination specifically in schools receiving federal assistance.
- Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination specifically against students with disabilities.
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination against persons with disabilities in regards to services and programs provided by State and local governments, an in places of public accommodations (respectively).
- Individuals with Disabilities Education Act (IDEA), which ensures that all children, including those with disabilities, have access to a free, appropriate public education.
Bullying is a form of discrimination; so is allowing that behavior to continue, regardless of whether or not the student in questions has disabilities. This means that both the individual accused of bullying (or more likely, his or her parents) as well as the school can be held accountable for discriminatory and harassing behaviors.
Recently, the Second Circuit Court of Appeals determined that bullying can prevent a child from “pay[ing] attention to her academic tasks or develop[ing] the social and behavioral skills that are an essential part of any education.” T.K. v. New York City Dep’t of Educ., 2016 U.S. App. Lexis 888 (2d Cir. 2016). Thus, a school’s refusal to discuss bullying with the parents of a child who was bullied denies that child an appropriate education. This is consistent with the United States Department of Education’s position on bullying:
http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/bullyingdcl-8-20-13.pdf.
In the end, a school should and must be, under the law, a safe and secure place for children to learn. If a child is being bullied, he or she has been denied that right, and as parents, you do have options to help your children. The Gilbert Firm has the skills, experiences and resources necessary to make a successful case against those who would violate your child’s right to an education under the law. We invite you to contact us to schedule a consultation time with a dedicated Tennessee special education law attorney at our office in Nashville, Chattanooga, Memphis or Jackson.