New guidance to protect students with disabilities

The Education Department’s Office of Civil Rights is working to clarify anti-bullying protections for students with disabilities. Assistant Secretary of Civil Rights Catherine Lhamon sent a letter, which comes during National Bullying Prevention Month, with new legal guidance to the country’s public schools. The letter is an attempt to explain that federal anti-bullying protections extend to around three quarters of a million more students than schools believe.
Prior to this week’s letter, the Education Department’s latest guidance on anti-bullying protection was in 2013 from its special education office, which oversees the Individuals with Disabilities Education Act. However, about 750,000 students with disabilities are not protected by IDEA – but are entitled to special education services under Section 504.
The new letter intends to clear up the uncertainties and extend protection to more students. Under federal law, most students with disabilities have a right to a “free and appropriate public education,” but in some instances, bullying can prevent them from receiving it, the letter says – pushing schools into the realm of noncompliance.
“It’s a clear statement that students with disabilities are being disproportionately bullied and that … [the federal government] is going to enforce the law that prohibits that,” said Denise Marshall, head of the Council of Parent Attorneys and Advocates, a group of lawyers who represent the parents of students with disabilities.
I am pleased that the Obama administration is reaching out to inform public schools of the gross misunderstanding about the number of students who are adversely affected by bullying. My hope is that through the distribution of this letter, more students with disabilities will be able to attend public school and learn without the fear of being bullied. Bullying must come to an end.
I think it is about time that we stopped allowing certain types of bullying and worked harder to make sure these students feel included. No bullying is acceptable and against students with disabilities is especially bad.
Mainstreaming children with disabilities was just starting to gain momentum when I retired from teaching and it made me very nervous because of the bullying factor. I always felt like students with disabilities were at least protected somewhat from the cruelty of other kids when they were separated. But I also know that these students perform better academically when surrounded by typical students. I think it is good that things are changing — but I do worry about the well-being of the students.
Bullying is an issue I think every parent fears. No one wants their child to be bullied– or worse– be the bully. I am so glad additional guidance is in place to extend education to all students. Our country needs to work diligently to get bullying under control.