AutismNews Network
Anti-harassment strategies for school problems
Page contents:
News:
10/14/2005: The U.S. District
Court, Southern District of New York allowed amother to move
forward with her claim that the Hyde Park Central School District
intentionally discriminated against her son's developmental disorder and
dyslexia. K.M. ex rel. D.G. v. Hyde
Park Central Sch. Dist., 44 IDELR 37 (S.D.N.Y.
2005). The court ruled that
the district could be liable under Title II and Section 504 for its
alleged failure to address peer-to-peer disability-based harassment among
its students.
Links:
- Dont' Laugh at Me
Org
- Avoiding Unfortunate
Situations (Dennis Debbaudt)
- PACER material
- A new, one-of-a-kind curriculum developed for parent audiences
has just been released by PACER Center. The
appealing design and easy-to-understand, common-sense suggestions are
sure to inform and encourage families as
they address bullying issues.
- http://www.pacer.org/publications/BullyingFlyer.pdf
- Stop Bullying Now!--Presenting
practical research-based strategies to reduce bullying in schools.
- Take a Stand.
Lend a Hand. Stop Bullying Now! Created by kids for kids via U.S. Department of Health and Human Services
- Federal Dept of Education school harassment memo (text and pdf)
(DoE is "archiving" this document)
- A
Study of Bullying in the Middle School
- The
ABCs of Bullying:
Course
description:
This on-line course, for professionals, examines the causes and effects
of
bullying, prevention techniques and programs, screening, treatment
options, and legal/ethical issues surrounding bullying. The information
is relevant to educators, health and mental health practitioners,
parents, and anyone else who works with children.
- Prof. Mark Weber's
Law Review Article on Disability
Harassment in the Public Schools
- "It is a common mistake to view disability discrimination as
mere thoughtlessness
or failure to take extra steps to accommodate the unique needs of
people
with disabilities.' In reality, much disability discrimination is the
overt
expression of hostility and the conscious effort to subordinate members
of a group with less power and social standing than the majority.
A key example of intentional discrimination against individuals with
disabilities
is harassment on the basis of differences in physical or mental
characteristics.
Courts, however, wedded to the idea that disability discrimination is
the
mere failure to accommodate, frequently fail to take seriously the
damage
that harassment inflicts and refuse to provide an adequate legal
response."
back to AutismNews
home
Bullying: Four small steps to stop
a big problem
By Janis Campbell
Knight Ridder/Tribune News
March 1, 2005
It's not a girl thing. It's not a boy thing. It's a mean thing.
Bullying or teasing is something many kids experience firsthand or see
happening to someone they know. Chances are you've probably encountered
at least a few mean kids at school, whether they were mean to you or
one of your friends. Avoiding mean, teasing or bullying kids seems to
be nearly impossible.
Social worker and child therapist Patti
Kelley Criswell has some advice for dealing with mean kids. Criswell
says her job is to help kids learn how to solve problems with all kinds
of issues, including friendships and school troubles. She is the author
and co-author of several advice books that are part of the American
Girl Library.
Criswell, who also is a mom, says she remembers
exactly what it was like to deal with bullies. Mean and difficult kids
are nothing new, but Criswell thinks kids today are putting up with
even more bullying. Our society is much more competitive today,
Criswell says. "Winning is the point" to many people, who lose sight of
the value of teamwork and playing sports, she adds.
Many people
also can be too competitive about material things, she says. That
includes kids. Wearing the right labels has become far more important
than it should be. Being popular--or being with the cool or popular
group--is another kind of competition.
So what can a kid do? Here's what Criswell recommends:
- IGNORE Just try to look bored or annoyed by the bullying
comments. This
is a good short-term solution. (You should even write down the days or
comments on your calendar so you have a record in case you need to take
action later.) If the person picking on you doesn't stop when you've
ignored the behavior--or at least done your best not to show the
behavior is making you feel bad--move on to the next step.
- TELL
First tell a parent what's been going on. At school, tell your teacher;
that way he or she can be on the lookout for problems and maybe even
catch the bully in action. Also tell your closest friends so they can
stick up for you. Criswell says you might be surprised at how well a
come-back such as, "Whoa, that was mean," might work in handling a
bully.
- WARN Tell the bully again that you won't accept his or
her behavior if the bullying keeps up. You also can follow up with a
teacher about what's going on and what you've done to stop the
bullying. (For example, you've told the bully to stop.) It's important
to write down the incidents too.
- TAKE ACTION This is when you
and a parent go to the principal with your written examples of what
happened. Because you have records of the incidents, the adults will be
able to deal with the problem more effectively. Most schools also have
conduct policies that spell out what will happen if a student doesn't
follow the rules at school. Be prepared to talk over the bullying and
show how the bully broke the rules.
Copyright © 2005, Knight-Ridder/Tribune (KRT)
http://www.chicagotribune.com/features/chi-0502280307mar01,1,4341148.story
Illinois Statute on Bullying
105 ILCS 5/10-20.14
Sec. 10-20.14. Student discipline policies;
Parent-teacher
advisory committee.
(d) The school board, in consultation
with the parent-teacher advisory
committee and other community-based organizations, must include
provisions
in the student discipline policy to address students who have
demonstrated
behaviors that put them at risk for aggressive behavior, including
without
limitation bullying, as defined in the policy. These
provisions
must include procedures for notifying parents or legal guardians and
early
intervention procedures based upon available community-based and
district
resources.
(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
top of page
Fed. Dept. Education "Dear Colleague" letter
http://www.hsd.k12.or.us/schools/specprograms/discover_idea-edv5/OSE/OSEP/civil_rights.pdf
http://www.ed.gov/about/offices/list/ocr/docs/disabharassltr.html
Contents of letter:
- Why Disability Harassment Is Such an Important Issue
- What Laws Apply to Disability Harassment
- Disability Harassment May Deny a Student an Equal Opportunity to
Education
under Section 504 or Title II
- Examples of harassment
- Disability Harassment Also May Deny a Free Appropriate Public
Education
- How to Prevent and Respond to Disability Harassment
- The following measures are ways to both prevent and eliminate
harassment:
- Technical Assistance Is Available
Start:
UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202
July 25, 2000
Dear Colleague:
On behalf of the Office for Civil Rights
(OCR) and the Office of
Special Education and Rehabilitative Services (OSERS) in the U.S.
Department
of Education, we are writing to you about a vital issue that affects
students in school – harassment based on disability. Our purpose
in
writing is to develop greater awareness of this issue, to remind
interested
persons of the legal and educational responsibilities that institutions
have to prevent and appropriately respond to disability harassment,
and
to suggest measures that school officials should take to address this
very serious problem. This letter is not an exhaustive
legal analysis.
Rather, it is intended to provide a useful overview of the existing
legal and educational principles related to this important issue.
Why Disability Harassment Is Such an Important Issue
Through a variety of sources, both OCR and OSERS have become aware of
concerns about disability harassment in elementary and secondary
schools
and colleges and universities. In a series of conference
calls with
OSERS staff, for example, parents, disabled persons, and advocates
for
students with disabilities raised disability harassment as an issue
that
was very important to them. OCR's complaint workload has
reflected
a
steady pace of allegations regarding this issue, while the number of
court cases involving allegations of disability harassment has
risen.
OCR
and OSERS recently conducted a joint focus group where we heard about
the often devastating effects on students of disability harassment
that
ranged from abusive jokes, crude name-calling, threats, and bullying,
to sexual and physical assault by teachers and other students.
We take these concerns very seriously. Disability harassment
can
have
a profound impact on students, raise safety concerns, and erode efforts
to ensure that students with disabilities have equal access to the
myriad benefits that an education offers. Indeed, harassment
can seriously
interfere with the ability of students with disabilities to receive
the
education critical to their advancement. We are committed to
doing all
that we can to help prevent and respond to disability harassment and
lessen the harm of any harassing conduct that has occurred. We
seek your
support in a joint effort to address this critical issue and to promote
such efforts among educators who deal with students daily.
What Laws Apply to Disability Harassment
Schools, colleges, universities, and other educational institutions
have a responsibility to ensure equal educational opportunities for
all
students, including students with disabilities. This
responsibility
is
based on Section 504 of the Rehabilitation Act of 1973 (Section 504)
and
Title II of the Americans with Disabilities Act of 1990 (Title II),
which are enforced by OCR. Section 504 covers all schools, school
districts, and colleges and universities receiving federal funds.[footnote 1]
Title II
covers all state and local entities, including school districts and
public institutions of higher education, whether or not they receive
federal funds.[fn 2] Disability
harassment is a form of discrimination
prohibited by Section 504 and Title II.[fn3]
Both Section 504 and
Title II
provide parents and students with grievance procedures and due process
remedies at the local level. Individuals and organizations also
may file
complaints with OCR.
States and school districts also have a responsibility under Section
504, Title II, and the Individuals with Disabilities Education Act
(IDEA),[fn4] which is enforced by OSERS, 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. Parents may initiate administrative due process
procedures under IDEA, Section 504, or Title II to address a denial
of FAPE,
including a denial that results from disability harassment.
Individuals
and organizations also may file complaints with OCR, alleging a denial
of FAPE that results from disability harassment. In addition,
an
individual or organization may file a complaint alleging a violation
of IDEA
under separate procedures with the state educational agency.[fn5]
State
compliance with IDEA, including compliance with FAPE requirements,
is
monitored by OSERS’ Office of Special Education Programs (OSEP).
Harassing conduct also may violate state and local civil rights,
child
abuse, and criminal laws. Some of these laws may impose
obligations
on
educational institutions to contact or coordinate with state or local
agencies or police with respect to disability harassment in some cases;
failure to follow appropriate procedures under these laws could result
in action against an educational institution. Many states and
educational institutions also have addressed disability harassment
in their
general anti-harassment policies.[fn6]
Disability Harassment May Deny a Student an Equal Opportunity to
Education
under Section 504 or Title II
Disability harassment under Section 504 and Title II is intimidation or
abusive behavior toward a student based on disability that creates
a
hostile environment by interfering with or denying a student’s
participation in or receipt of benefits, services, or opportunities
in the
institution’s program. Harassing conduct may take many forms,
including
verbal acts and name-calling, as well as nonverbal behavior, such as
graphic and written statements, or conduct that is physically
threatening,
harmful, or humiliating.
When harassing conduct is sufficiently severe, persistent, or
pervasive
that it creates a hostile environment, it can violate a student's
rights under the Section 504 and Title II regulations. A hostile
environment may exist even if there are no tangible effects on the
student where
the harassment is serious enough to adversely affect the student's
ability to participate in or benefit from the educational program.
Examples of harassment that could create a hostile
environment follow.
- Several students continually remark out loud to other students
during
class
that a student with dyslexia is "retarded" or "deaf and dumb" and does
not belong in the class; as a result, the harassed student has
difficulty
doing work in class and her grades decline.
- A student repeatedly places classroom furniture or other
objects
in the path of classmates who use wheelchairs, impeding the classmates'
ability to enter the classroom.
- A teacher subjects a student to inappropriate physical restraint
because
of conduct related to his disability, with the result that the student
tries to avoid school through increased absences.[fn7]
- A school administrator repeatedly denies a student with a
disability
access
to lunch, field trips, assemblies, and extracurricular activities as
punishment
for taking time off from school for required services related to the
student's
disability.
- A professor repeatedly belittles and criticizes a student
with a
disability for using accommodations in class, with the result that the
student is so discouraged that she has great difficulty performing in
class
and learning.
- Students continually taunt or belittle a student with
mental
retardation
by mocking and intimidating him so he does not participate in class.
When disability harassment limits or denies a student's ability to
participate in or benefit from an educational institution's programs
or
activities, the institution must respond effectively. Where the
institution learns that disability harassment may have occurred, the
institution
must investigate the incident(s) promptly and respond appropriately.
Disability Harassment Also May Deny a Free Appropriate Public
Education
Disability harassment that adversely affects an elementary or secondary
student’s education may also be a denial of FAPE under the IDEA, as
well as Section 504 and Title II. 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.
How to Prevent and Respond to Disability Harassment
Schools, school districts, colleges, and universities have a legal
responsibility to prevent and respond to disability harassment.
As a
fundamental step, educational institutions must develop and disseminate
an
official policy statement prohibiting discrimination based on
disability
and must establish grievance procedures that can be used to address
disability harassment.[fn8] A clear
policy serves a preventive
purpose by
notifying students and staff that disability harassment is
unacceptable,
violates federal law, and will result in disciplinary action.
The
responsibility to respond to disability harassment, when it does occur,
includes taking prompt and effective action to end the harassment and
prevent it from recurring and, where appropriate, remedying the effects
on
the student who was harassed.
The following measures are ways to both prevent and eliminate
harassment:
- Creating a campus environment that is aware of disability
concerns and
sensitive to disability harassment; weaving these issues into the
curriculum
or programs outside the classroom.
- Encouraging parents, students, employees, and community members
to
discuss
disability harassment and to report it when they become aware of it.
- Widely publicizing anti-harassment statements and
procedures for
handling discrimination complaints, because this information makes
students
and employees aware of what constitutes harassment, that such conduct
is
prohibited, that the institution will not tolerate such behavior, and
that
effective action, including disciplinary action, where
- appropriate, will be taken.
- Providing appropriate, up-to-date, and timely training for staff
and
students
to recognize and handle potential harassment.
- Counseling both person(s) who have been harmed by
harassment and
person(s) who have been responsible for the harassment of others.
- Implementing monitoring programs to follow up on resolved issues
of
disability
harassment.
- Regularly assessing and, as appropriate, modifying existing
disability
harassment policies and procedures for addressing the issue, to ensure
effectiveness.
Technical Assistance Is Available
U.S. Secretary of Education Richard Riley has emphasized the importance
of ensuring that schools are safe and free of harassment.
Students
can
not learn in an atmosphere of fear, intimidation, or ridicule.
For
students with disabilities, harassment can inflict severe harm.
Teachers
and administrators must take emphatic action to ensure that these
students are able to learn in an atmosphere free from harassment.
Disability harassment is preventable and can not be tolerated.
Schools, colleges, and universities should address the issue of
disability
harassment not just when but before incidents occur. As noted
above,
awareness can be an important element in preventing harassment in the
first place.
The Department of Education is committed to working with
schools,
parents, disability advocacy organizations, and other interested
parties
to
ensure that no student is ever subjected to such conduct, and that
where such conduct occurs, prompt and effective action is taken.
For more
information, you may contact OCR or OSEP through 1-800-USA-LEARN or
1-800-437-0833 for TTY services. You also may directly contact
one of the
OCR enforcement offices listed on the enclosure or OSEP, by calling
(202) 205-5507 or (202) 205-5465 for TTY services.
Thank you for your attention to this serious matter.
Norma V. Cantu,
Assistant Secretary for
Civil Rights
Judith E. Heumann,
Assistant Secretary
Office of Special Education
and Rehabilitative Services
Enclosure - list of OCR enforcement offices
Footnotes
(press "back" to return to text)
---------------------------------
[1] Section 504 provides: "No otherwise
qualified individual with a
disability . . . shall, solely by reason of her or his
disability,
be
excluded from the participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
federal
financial assistance.” 29 U.S.C. § 794(a). See 34
CFR Part 104
(Section 504 implementing regulations).
[2] Title II provides that “no
qualified individual with a disability
shall, by reason of such disability, be excluded from participation
in
or be denied the benefits of the services, programs, or activities
of a
public entity, or be subjected to discrimination by any such entity.”
42 U.S.C. § 12132. See 28 CFR Part 35 (Title II implementing
regulations).
[3] The Department of Education’s Office
for Civil Rights (OCR) has
issued policy guidance on discriminatory harassment based on race (see
59
Fed. Reg. 11448 (Mar. 10, 1994),
http://www.ed.gov/offices/OCR/race394.html) and sex (see 62 Fed Reg.
12034 (Mar. 13, 1997), http://www.ed.gov/offices/OCR/sexhar00.html.
These policies make clear that school personnel who understand their
legal
obligations to address harassment are in the best position to recognize
and prevent harassment, and to lessen the harm to students if, despite
their best efforts, harassment occurs. In addition, OCR recently
collaborated with the National Association of Attorneys General (NAAG)
to
produce a guide to raise awareness of, and provide examples of
effective
practices for dealing with, hate crimes and harassment in schools,
including harassment based on disability. See “Protecting
Students
from
Harassment and Hate Crime, A Guide for Schools,” U.S. Department of
Education, Office for Civil Rights, and the
National Association of Attorneys General (Jan. 1999) (OCR/NAAG
Harassment Guide), Appendix A: Sample School Policies.
The OCR/NAAG
Harassment Guide may be accessed on the internet at
http://www.ed.gov/pubs/Harassment. [old link- see new link in links
section.]
These documents are a good
resource
for understanding the general principle of discriminatory harassment.
The policy guidance on sexual harassment will be clarified to explain
how OCR's longstanding regulatory requirements continue to apply in
this
area in light of recent Supreme Court decisions addressing the sexual
harassment of students.
(press "back" to
return to text)
[4] 20 U.S.C. §1400 et seq.
[5] 34 C.F.R. § 300.660 et seq.
[6] For more information regarding the
requirements of state and local
laws, consult the OCR/NAAG Harassment Guide, cited in footnote 3 above.
[7] Appropriate classroom discipline is
permissible, generally, if it
is of a type that is applied to all students or is consistent with
the
Individuals with Disabilities Education Act (IDEA) and Section 504,
including the student’s Individualized Education Program or Section
504
plan.
[8] Section 504 (at 34 CFR §
104.7) and Title II (at 28 CFR
§
35.107(a)) require that institutions have published internal
policies and
grievance procedures to address issues of discrimination on the basis
of
disability, which includes disability harassment. While there
need not
be separate grievance procedures designed specifically for disability
harassment, the grievance procedures that are available must be
effective
in resolving problems of this nature.
end footnotes
(press "back" to return to text)
top of
page
Pat Howey's IEP Strategy to stop
harassment
http://www.pathowey.com/advice.htm
"I have had lots of good luck in harassment issues by calling for an
IEP
meeting, then going into the meeting with a proposed goal and set of
objectives
such as the following:
"
Present Level of Achievement:
Suzie is unable to deal with harassment
and teasing from other students.
Needs: Suzie needs to learn strategies that she can use
throughout her life to address the times when she experiences
harassment
from others.
Goal: Suzie will learn strategies to
independently
deal with harassment and teasing from other students
- Objective 1. Suzie will demonstrate an understanding of the
laws, codes,
regulations, rules, and the school's (or school corporation's) policies
on harassment.
- Objective 2. Suzie will identify when other students are in
violation of
the laws, codes, regulations, rules, and policies on harassment.
- Objective 3. Suzie will learn to draft a written complaint
including all
elements and facts of the harassment incident as required by the laws,
codes, regulations, rules, and policies.
- Objective 4. Suzie will submit the complaint to the proper
individual,
agency, etc.
While I have never gotten the IEP team to actually write these into an
IEP, it is amazing how attentive school folks get to harassment issues
once they understand that the parents and the student know there is a
policy
prohibiting such things and that the "proposed" goals and objectives
that
the parents has brought have now become part of the official
documentation
of the IEP process even if they are not actually written into the IEP.
It is documented because the parents brings enough copies of the
proposed
G&O for all team members. IDEA requires (in numerous places) that
the
concerns of the parents are to be addressed by the team. The parents
are
requesting that these concerns be addressed by the IEP team and that
G&O
be written to address these concerns.
The school would be hard pressed to prove that it had given due
consideration
to the parents' concerns if the parents submit concerns in writing to
all
team members and there is NO documentation at all that these were even
discussed.
Of course, this assumes that everything in the IEP team meeting is
hunky dory, all required documentation takes place, and the parent is
in
due process, represented by a qualified attorney, all witnesses testify
truthfully, and the IHO allows all of the parents' exhibits in
evidence.
The strategy here is not to try to force the school to put the
G&O
in the IEP. The strategy is to let the school folks know that the
parents
know there is a policy and that they understand the school's complaint
process. I find generally that the harassment goes away once the school
knows that the parents know.
Pat Howey, Advocate from Indiana, continues:
"I can't remember where I read this, but
I read a story about a high
school girl who was constantly teased and harassed because of her very
thick glasses. She'd finally had enough of it, and so had her parents.
All efforts to get the school to stop the harassment were unsuccessful.
What the parents did was create a small form, in triplicate, and had
it printed up. The form listed things like the date, time, place,
harasser's
name, etc., and there were some blank lines to write what the
harassment
was. The girl kept one for herself, gave one to the harasser and one to
the principal--all without argument or fanfare. When she first began
using
these, a letter was sent to the school by their attorney that the
school
was to take care of the problem, and if any one student 'earned' two
slips,
legal action would be taken against the student and the school.
It only took one student getting two slips, and the parents and
attorney
were at the school following through, as promised. Both students and
administration
learned instantly that the family meant what they said, and that was
the
END of the harassment, period.
The end of the story is that the girl actually became more well-liked
because of how she stood up for herself and NO ONE ever harassed her
again."
top of
page
Gebser
Gebser is a U.S Supreme Court case in which the Court ruled
that
a school district could be held liable for harassment if an official
with
the power to make a difference shows deliberate disregard for the
harassment
and does nothing to change it. Thus, the key is to make the
school
administrators aware of the the harassment. If they do nothing,
they
can be held liable for money damages. Of course, notifying the
school
is worthless unless it is documented in writing. The "Gebser"
letter notifies them
of the problem and the need to act. No one wants to be sued.
The
letter itself may be enough for the school district to take action.
The Gebser Decision
Addresses Private Damages Claims
The Court’s recent decision in Gebser was limited to private Title
IX lawsuits for money damages. The Court
in Gebser ruled that a private plaintiff in a court action can obtain
money damages against a school district
under Title IX if a school official who has the authority to take
corrective
action has actual notice of sexual
harassment and is deliberately indifferent to it. The
Gebser decision
expressly distinguished the limits on
private recovery of money damages from the Department of Education’s
enforcement of Title IX. Thus, the
obligations of schools that receive federal funds to address instances
of sexual harassment have not
changed as a result of the Supreme Court decision. School districts
must continue to take reasonable steps
to prevent and eliminate sexual harassment discrimination. In addition,
pursuant to its published guidance,
OCR will continue to enforce Title IX in this area, including by
investigating
complaints alleging sexual
harassment discrimination.
http://www.ed.gov/offices/OCR/archives/Harassment/index.html
It is possible in both the state and federal courts of Illinois to
state a claim if the school does not meet well-defined standards set up
in a line of U.S. Supreme
Court cases beginning with Meritor Savings Bank v. Vinson,
1986, 106 S Ct 2399 and continuing through to more recent cases
including
ones called Gebser v. Lago Vista Independent School District,
1998, 524 US 274 and Davis v. Monroe, 1999, 526 US 629. One can
prove a school is liable when the school does not have a policy against
harassment (bullying is a
form of harassment) which is reasonable and in which both the faculty
and the student body are trained. The ability to report harassment in a
simple fashion without automatically becoming known to other students,
particularly not to the aggressor, is another important element. And,
finally, the
school must be able to show that it actually follows up on complaints
in a
reasonable way.
School officials are allowed to use their discretion in deciding what,
if any, punishment is proper, based on the U.S. Supreme Court case of DeShaney
v. Winnebago County Social Services, 1989, 109 S.Ct. 998.
So long as they are
not so grossly stupid as to cause a reasonable person to term the
discretionary decision
arbitrary or capricious, a school is not liable just because there
might have been a better way
to discipline. (See recent Fifth Circuit case involving the Dallas
Public Schools
under Marvin Edwards.)
Doe v. Dallas Independent School District, 220 F.3d 380 (5th Cir. 2000)pdf
The Gebser Court held that in cases which do not involve official policy of the recipient entity, . . . a damages remedy against the school district will not lie under Title IX unless an official who at a minimum has authority to address the alleged discrimination and to
institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond. For a school to be liable in damages, the school's response must amount to deliberate indifference to
discrimination as when the response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.
Sample letter
|
To:
Re:
To Whom It
May Concern,
This letter
is to request immediately that my son,_______, be afforded
all the protections under state and federal law to protect him from
physical
harassment, discrimination, and verbal abuse. It is my
understanding that
he has a right to learn in a safe and harm-free educational
environment.
It is also my
understanding that school personnel have a duty to facilitate
his protection and fully investigate all allegations of discrimination
he reports. I am now requesting that you protect my child from
the various
forms of physical and verbal abuse he has suffered at your school.
I am
requesting that this protection begin immediately. I will assume
you are taking the appropriate action from this date forward. If I am
incorrect,
I request you immediately notify me, and my advocate at the following
address:
Advocate/Parent
name
address
city, state,
zip
phone #
I trust my child’s protection to you; please do not let me down.
Sincerely,
Parent’s name
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U.S. D.o.E.
Checklist for a Comprehensive Approach to Addressing Harassment
- Board members, district administrators, and the superintendent
recognize
the urgency of the problem of unlawful harassment and hate crime,
identify
people and agencies that can help them develop effective prevention and
response strategies, and compile a library of useful materials
- School officials select personnel to work on creating an
effective
anti-harassment
program in consultation with parents, students, and community groups
- Compliance coordinators are appointed and trained
- School personnel assess the school climate to determine the
prevalence
and types of harassment that may exist and the potential for
hate-motivated
violence
- School district adopts a written anti-harassment policy or
reviews and
revises existing policies for accuracy, clarity and legal compliance;
the
policy is clearly communicated to all members of the school community;
and school personnel and students are held accountable for their actions
- School district develops a formal grievance procedure and takes
steps
to
make sure it is working properly
- Instructional personnel use or supplement the district's
curriculum and
pedagogical trategies to foster respect and appreciation for diversity
- School sites institute, improve, or expand age appropriate
student
activities
to prevent or reduce prejudice and conflict
- School district and individual school sites institute specific
measures
to respond immediately and effectively when harassment occurs to stop
the
harassment and prevent recurrence
- School officials flexibly apply response mechanisms to both the
victim
and the perpetrator, taking into account the parties' ages and the
context
of the behavior
- School personnel continually monitor the school climate and
promptly
address
problems that could lead to harassment or violence or that indicate
that
harassment could be occurring
- Appropriate school officials become familiar with pertinent civil
and
criminal
laws at the state, local, and federal levels, so that they are able to
recognize possible civil rights violations, hate crimes and other
criminal
acts
- Schools develop guidelines and procedures for collaboration with
law
enforcement
officials, make appropriate referrals to outside agencies, and
designate
liaison personnel
- Crisis intervention plans are in place to minimize the
possibility of
violence
or disruption of the educational process
- District-level personnel and individual school sites form
continuing
partnerships
with parents and the community to prevent hate crimes and harassing
behaviors
- Staff training and professional development programs support the
district's
anti-harassment efforts
- All harassment incidents are carefully documented and incidents
are
reported
to outside authorities as required
- District regularly assesses the effectiveness of its
anti-harassment
efforts
Source: Protecting Students from Harassment and Hate Crime, A Guide for
Schools, January 1999
http://www.ed.gov/policy/rights/guid/ocr/checklist.html
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Protecting Students from Harassment and
Hate Crime
A Guide for Schools
U.S. Department of Education
Office for Civil Rights
National Association of Attorneys General
Endorsed by the National School Boards Association
see the Guide's Table of Contents below
Excerpts related to disabilities:
Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990 prohibit discrimination on the
basis of disability by school districts receiving federal funds and by
governmental entities, respectively. Harassment based on disability has
not received as much public or legal attention as has racial and sexual
harassment; however, disability related harassment is a form of
impermissible discrimination.29 School
districts are advised to include disability harassment in their
policies and to consider such harassment under similar standards as are
applicable to racial and sexual harassment. As in the case of racial
and sexual harassment, the age of the harasser is an important element
in determining whether prohibited harassment occurred and in selecting
an appropriate remedy. An example of possible disability
harassment,that is not typical of other kinds of harassment, would
occur where a person seeks to involve a student with disabilities in
antisocial, dangerous or criminal activity where the student, because
of disability, is unable to comprehend fully or consent to the activity.30
29. See Guckenberger v. Boston University, 957 F. Supp. 306, 313-316 (D.Mass. 1997),
holding that the Americans with Disabilities Act and Section 504 proscribe harassment
based on disability, when such harassment has the purpose or effect of unreasonably
interfering with a student’s performance or of creating an intimidating, hostile or offensive
learning environment. See also Doe v. Marshall, 882 F. Supp. 1504, 1507 (E.D. Penn.
1995), holding that harassment based on disability by a professor against a college student
could violate Section 504 and the ADA. OCR has investigated numerous complaints of
disability related harassment.
30. The State of Vermont’s Model Policy describes disability harassment as including:
“conduct . . . directed at the characteristics of a person’s disabling condition, such as
imitating manner of speech or movement, or interference with necessary equipment.”
40. See the Individuals with Disabilities Education Act, as amended in 1997, 20 U.S.C.
§ 1400. OCR’s policy interpreting Section 504 also specifies prerequisites to the use of
certain disciplinary measures with students with disabilities. Anti-harassment policies can
remind school officials of the requirements applicable to the discipline of students with
disabilities. For example, the State of Vermont’s Model Anti-Harassment Policy provides:
“Action taken for violation of this policy shall be consistent with the requirements of any
applicable collective bargaining agreement, Supervisory Union, and/or School District
policy, state and federal law, including but not limited to the due process protections for
students with disabilities.”
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• Letters from the U.S. Department of Education & the
National
Association of Attorneys General
• Acknowledgments
• Table of Contents
• Introduction
Part I: The Fundamentals
A Comprehensive Approach to Eliminating Harassment and Hate Crime. . .
. . . . . . . . . . . . . . . . . . . . 3
Develop written policies that prohibit unlawful harassment . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Identify and respond to all incidents of harassment and violence . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Provide formal complaint procedures . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
8
Create a school climate that supports racial, cultural, and other forms
of diversity . . . . . . . . . . . . . . . . . . . . . 8
Work with law enforcement agencies to address and prevent hate crimes
and civil rights violations . . . . . . 10
Part II: Step-By-Step Guidance
Developing the District’s Written Anti-Harassment Policy . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 15
State the school district’s commitment to eliminating harassment . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Include all harassment prohibited by federal, state, and local laws . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Define harassment based on race and national origin . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Define sexual harassment . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . 17
Define harassment based on disability . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 18
Explain that a hostile environment depends on the context in which the
conduct occurs . . . . . . . . . . . . . . . . . 19
Define other types of harassment prohibited by state law or by district
choice
. . . . . . . . . . . . . . . . . . . . . . . . . 19
Specify procedures for accepting and responding to reports of
harassment,
including a formal complaint process . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Prohibit retaliation against persons who report discrimination or
participate in related proceedings . . . . . . . . 20
Consider the First Amendment and freedom of speech . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Identifying and Responding to Incidents of Harassment . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 23
Encourage students and parents to notify the district when harassment
occurs . . . . . . . . . . . . . . . . . . . . . . . . 23
Provide knowledgeable staff responses to reports of harassment . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Require employees to report harassment and to intervene to stop it . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Make appropriate law enforcement referrals . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
Investigate all reports of harassment . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. 26
Take prompt remedial action appropriate to the offense and the age and
identity of the parties . . . . . . . . . . . . 27
Formal Complaint/Grievance Procedures . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Notify all members of the school community of the grievance procedures
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Specify the process for filing complaints . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
32
Provide adequate, reliable, and impartial investigation of complaints .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Resolve complaints promptly, issue findings, and take remedial action .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Protect the rights of the parties when an informal resolution process
is used . . . . . . . . . . . . . . . . . . . . . . . . 34
Creating a School Climate that Appreciates Diversity. . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Provide ample information about the anti-harassment program . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Invest in training of school board members, administrators, and staff .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Educate students about harassment and discrimination and involve them
in prevention activities . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . 36
Implement monitoring programs and prevention strategies . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Involve parents and community members in anti-harassment efforts . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Appoint one or more employees to coordinate the district’s
anti-harassment activities . . . . . . . . . . . . . . . . . 38
Maintain an adequate record-keeping system and regularly evaluate the
data collected . . . . . . . . . . . . . . . . 38
Addressing Hate Crimes and Conflicts in School and in the Community . .
. . . . . . . . . . . . . . . . . . . . 41
Identify the hate crime laws that apply in the school’s jurisdiction .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Recognize bias-motivated crime and violence . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Contact law enforcement personnel, as appropriate . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Prepare for crisis situations . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . 44
Coordinate the school’s anti-harassment activities with the larger
community . . . . . . . . . . . . . . . . . . . . . . . . 44
Be aware of and follow applicable federal, state and local reporting
procedures . . . . . . . . . . . . . . . . . . . . . . 44
Enforce the district’s anti-harassment policies consistently and
vigorously
. . . . . . . . . . . . . . . . . . . . . . . . . . 45
Notes on Parts I and II . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. 47
Appendices
Appendix A: Sample School Policies . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Arizona Sample School Policy Prohibiting Harassment and Violence . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Minnesota Sample School Board Policy Prohibiting Harassment and
Violence . . . . . . . . . . . . . . . . . . . . . . . . 63
Vermont Model Anti-Harassment Policy . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67
Rules of the West Virginia Board of Education . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Memorandum of Understanding between New Jersey Education and
Law Enforcement Officials . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
77
Edmonds School District Comprehensive Plan for Addressing Racial and
Ethnic Tensions . . . . . . . . . . . . . . 83
Appendix B: Protocols and Checklists . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Complaint Investigation: The Basics . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. 87
Checklist for the Evaluation of Grievance Procedures . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Investigating Complaints . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . 97
Checklist and Survey: Is Harassment a Problem in Your School? . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Hate Crime School Survey . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . 103
Addressing Racial Harassment . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. 107
Preventing and Responding to Hate-Motivated Behavior . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Sample Hate-Motivated Behavior Incident Report . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Preventing Hate Speech, Behavior and Crime . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Guidelines for Determining Hate Motivation . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121
Graffiti Removal Protocol . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . 123
Conflict Intervention Teams — A Response to School Crises . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Erasing Hate . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
. . . . . . . 127
Appendix C: Other Reference Materials . . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Letter from the Secretary of Education . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133
State Hate Crimes Statutory Provisions . . . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135
Appendix D: Sources of Technical Assistance . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Appendix E: Books, Publications and Videos . . . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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