BY MARION WALSH, ESQ., LITTMAN KROOKS LLP
There are five action steps you can take to address any bullying of your child.
Focus on Bullying Section: Part 1 of 3
Julissa is 12 years old. She has significant learning disabilities and vision and speech language impairments. She struggles with social interaction and is also very small for her age. After a few months in seventh grade, Julissa’s parents notice that she is becoming more withdrawn and is developing stomach aches each morning before school. Her grades are dropping and she has stopped doing work. She used to speak to friends but now has no contact outside of school. Hermother checks her phone one day and finds that Julissa has tried to text friends but they have called her a “loser” and other more disparaging names. She says everyone hates her at school. Her parents call and email her teacher, but her teacher says that she has not noticed any bullying in school.
For children with disabilities, the problem of bullying can be devastating and contribute to regression, anxiety and emotional harm. What is bullying? Bullying means unwanted, aggressive and repeated behavior that involves a real or perceived power imbalance. It can be verbal or physical. Children with disabilities are statistically more likely to be bullied for being different and for being easy targets. Typical peers may not understand behavioral, social, cognitive or physical differences of children with disabilities. Teachers may not always notice it.
Fortunately, recent years have seen a welcome shift in public attention toward taking the issue of children being bullied more seriously. The public and school districts are now focused on preventing bullying, which was once dismissed as simply part of growing up. Our society now recognizes the behavior as something that can have a serious negative effect on mental health and social development, even into adulthood.
In addition to being more likely to be bullied, children with disabilities may have more trouble understanding and responding to teasing. Stress and anxiety may lead to an outburst or other problematic behavior, which can lead to further harassment. If a child is non-verbal, the child is even more likely to be victimized, as the child cannot speak up for himself or report bullying.
The consequences of bullying can be severe. Research has shown that children who are victims of bullying are more prone to low self-esteem, learning difficulties, anxiety, depression and other symptoms, all of which can persist well into adulthood. In addition, although some types of bullying may decrease as children get older, that may not be the
case for children with disabilities. Indeed, there may be a greater cause for concern with older children. Here are five action steps you can take to address any bullying of your child:
1. DO NOT IGNORE THE PROBLEM OF BULLYING. Pay attention to early signs that a student is being bullied or is bullying another student. Some students do not report bullying but may show warning signs including: unexplained injuries, declining grades, damaged belongings, changes in behavior or frequent stomachaches or headaches. Parents and teachers must be aware of the problem and take action to prevent and respond to bullying. Some of the focus must be on the bullies rather than the victims. Parents should expect teachers and staff to intervene when they witness bullying, as well as teach other students how to intervene as well. Be relentless. A school’s curriculum and code of conduct should promote an environment free of harassment.
If your child’s teacher, as in the case of Julissa above, insists that she is not seeing bullying in school, document what you are seeing and send letters or emails to the school principal. In general, depending on state law, schools must address bullying or cyberbullying that has a nexus to school.
2. HELP CHILDREN ADVOCATE FOR THEMSELVES AND REPORT TO ADULTS. Speak to your child about how to respond appropriately to different types of bullying behavior. Roleplaying exercises can be especially effective in instilling the confidence and selfesteem necessary to respond effectively. Through conversations with parents and teachers, children with disabilities can learn when they need to stand up for themselves and when they might be able to use a joke to deflect milder teasing.
Make sure your child has a trusted adult in the school to whom he or she can report bullying. It is important for parents and teachers to provide an appropriate balance of support, to protect children from bullying, while allowing independence and peer relationships to develop.
3. ADDRESS BULLYING AT YOUR CHILD’S IEP MEETING. Parents should request an immediate Individualized Education Program (IEP) meeting if bullying is occurring, so that that team can consider goals to help the child advocate and add needed supports for the child. For example, in the case of Julissa, ask for an IEP meeting to address her increasing anxiety and declining performance. You may wish to request selfadvocacy goals and perhaps counseling services to provide more support in school, to ensure she can make progress in school.
For children who are nonverbal, ensure that your team develops a way for your child to communicate. For example, the use of a picture chart can help students communicate.
4. KNOW YOUR RIGHTS UNDER FEDERAL AND STATE LAW.When a child is the victim of bullying, parents and teachers must intervene. Under the Individuals with Disabilities Education Act (“IDEA”), the bullying of a student with a disability can be tantamount to the denial of a Free Appropriate Public Education (“FAPE”) if it results in the student not receiving meaningful educational benefit, as confirmed by a Dear Colleague Letter, dated August 20, 2013. (LINK: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf ) Thus, if bullying does not stop, and your child begins to not attend school or fail, you may ask for an impartial hearing for compensatory or improved services or a change of placement.
Also, each state has laws against bullying and harassment. You should become familiar with your state mandates. LINK: http://www.stopbullying.gov/laws/ As just one example, under New York’s Dignity for All Students Act (“DASA”) (LINK: http://www.p12.nysed.gov/dignityact/ ), schools must protect students by taking prompt action to end harassment, bullying or discrimination that is reported to the administration. Parents should communicate with the school’s Dignity Act Coordinator for students with disabilities, and report any harassment. Keep in mind though that DASA does not create a private right of action.
5. DOCUMENT BULLYING. Be sure to document any instances of bullying in writing and report them to the school. Take pictures of any physical injury. Save copies of text or Facebook and other social media messages. Investigate any bruises of unknown causes or significant changes in behavior or mood.
Preventing bullying requires a multifaceted approach. As parents, educators, and advocates, we must all recognize bullying as a serious problem. All parents and teachers should take active steps to raise awareness, teach children strategies to respond to harassment, and take action to prevent bullying.•
TAKE STEPS IF YOUR CHILD IS THE BULLY.
If your child with disabilities becomes a bully, be sure that educators respond with care and concern. Too often, children who face bullying may retaliate and engage in bullying of others, as a learned behavior. You may need the help of a therapist or advocates to explain to school districts the dynamics of this behavior and how to stop it. Suspending or harshly disciplining a child will likely only make the problem worse.
ABOUT THE AUTHOR:
Marion Walsh is an attorney with Littman Krooks LLP in New York who specializes in education law and advocacy for children with disabilities. She is also a certified Impartial Hearing Officer in New York
