•  
  •  
 

Publication Date

2008

Abstract

Bullying is pervasive in America's public schools. Despite recent emphasis on character education programs and the passage of anti-bullying legislation, up to 30% of students are either bullies or victims, and over two-thirds of students believe their schools do not make sincere efforts to prevent bullying. Students with disabilities are particularly vulnerable; they are substantially more likely to be victims of bullying than their non-disabled peers, and the effects of bullying make these already at-risk students more likely to underperform academically and drop out of school. Student victims of certain types of bullying have had limited success in holding schools liable under Title IX when teachers and administrators are "deliberately indifferent" to peer-on-peer assaults. The "deliberate indifference" standard protects schools from liability in most cases. Disabled students, however, are protected not only by Title IX, but also by the Individuals with Disabilities Education Act, under which they are entitled to a free appropriate public education (FAPE). This Note examines claims of bullying as a denial of FAPE, which should not be analyzed under the "deliberate indifference" standard. Finally, this Note contends courts should recognize claims of bullying as a denial of FAPE and proposes a framework under which they could be analyzed.

Download

Share

COinS