Harassment and Students with Disabilities

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case involving harassment. In S.S. v. Eastern Kentucky University, 50 IDELR 91 (6th Cir. 2008), it was determined that there was not enough proof to determine what the LEA could have done differently to end the harassment of a student with a disability. Evidence supported the allegations were investigated, the students involved were disciplined, interviews were conducted, the student was monitored and separated from his harassers, mediation sessions were held, the school communicated with the parents, and training was provided to the student body about name-calling.
For a finding of liability for student-on-student harassment, the following is required:

1. the student being harassed is an individual with a disability


2. the student was harassed based on his disability


3. the harassment "was sufficiently severe or pervasive"


4. the school agency knew of the harassment


5. the school agency was deliberately indifferent to the harassment

It is imperative that LEA's take harassment complaints seriously and that they document every effort to address each case.