Under Section 504 and Title II, schools must address bullying and harassment that are based on a student’s disability and that interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school. Further, if any bullying or harassing behavior interferes with the ability of a student with a disability to access educational services, the situation, if uncorrected, may constitute a FAPE violation. OCR works with other offices in the Department, as well as with the U.S. Department of Justice (DOJ), to address bullying and harassment of students with disabilities.
Policy Guidance
| Date | Document Information |
|---|---|
| October 21, 2014 | Guidance on Bullying of Students with Disabilities "Dear Colleague" letter from Assistant Secretary for Civil Rights Catherine E. Lhamon, concerning the obligation of elementary and secondary schools to respond to the bullying of students with disabilities, including those students who are not eligible for services under the Individuals with Disabilities Education Act but are entitled to services under Section 504 of the Rehabilitation Act. The guidance discusses the actions schools must take when bullying interferes with the education of a student with a disability who is bullied on any basis, and provides insight into how OCR analyzes complaints involving bullying of students with disabilities. |
| October 26, 2010 | Guidance on Schools’ Obligations to Protect Students from Student-on-Student Harassment on the Basis of Sex; Race, Color and National Origin; and Disability “Dear Colleague” letter from Assistant Secretary for Civil Rights, Russlynn Ali, concerning recipients' obligations to protect students from student-on-student harassment on the basis of sex; race, color and national origin; and disability. The letter clarifies the relationship between bullying and discriminatory harassment, provides examples of harassment, and illustrates how a school should respond in each case. |
| July 28, 2003 | First Amendment "Dear Colleague" letter reaffirming that OCR's regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment. |
Please see our Reading Room for a full list of guidance documents on issues related to Disability Discrimination.
Case Resolutions
- Jefferson County Public Schools (KY) (03-14-1121)
Publications
- Disability: Bullying and Harassment PDF (4MB)