Monday, February 8, 2010

Disability Harassment

Reports of harassment based on disability are very serious and school officials must investigate such reports promptly and thoroughly. In Westfield (MA) Public Schools, 53 IDELR 132 (OCR 2009), the Office of Civil Rights found that school administrators were irresponsible in three ways after receiving a report of possible disability harassment. First, although an investigation was inititated, administration did not seek statements from other students or teachers who may have observed the incident. Second, the allegations were not documented. And third, the parents of the student allegedly being harassed based on disability were never notified about the results of the investigation. Public school administrators must prompty investigate harassment charges related to a student's disabililty whenever there is suspicion of such activity.

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