Today, ED's Office of Special Education and Rehabilitative Services (OSERS) issued guidance to educators and stakeholders on the matter of bullying of students with disabilities. This guidance provides an overview of school districts' responsibilities to ensure that students with disabilities who are subject to bullying continue to receive free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). Under IDEA, States and school districts are obligated to ensure that students with disabilities receive FAPE in the least restrictive environment (LRE). This guidance explains that any bullying of a student with disabilities which results in the student not receiving meaningful educational benefit is considered a denial of FAPE. Furthermore, this letter notes that certain changes to an educational program of a student with a disability (e.g., placement in a more restricted "protected” setting to avoid bullying behavior) may constitute a denial of FAPE in the LRE.
Schools have an obligation to ensure that a student with disabilities who is bullied, continues to receive FAPE as outlined in his or her individualized education program (IEP). IEPs, as well as 504 plans, can be useful in outlining specialized approaches for preventing and responding to bullying, as well as providing additional supports and services to students with disabilities. This guidance also offers effective evidence-based practices for preventing and addressing bullying.