Tuesday, October 9, 2012

Responding to Allegations of Disability Harassment in Schools--Advice for Administrators

I highly recommend that administrators investigate all incidents of reported harassment.  This practice protected a school district from having to make a private school placement at parental request (Waco Independent School District, 59 IDELR 57, SEA TX 2012) when the parent of a student with Asperger syndrome alleged that bullying was the cause of her child's school anxiety.  School officials investigated and found no evidence of threats to the child's safety.  They also provided documentation that the alleged bullying didn't prevent access to learning and that the student had normal intelligence and could participate in the general curriculum with appropriate support.  The independent hearing officer over this case commented that it seemed as though the student was experiencing the normal stages of growing up and that his Asperger syndrome may have contributed to his negative thoughts regarding peer communications.  When allegations of bullying and/or harassment are made, the subsequent investigation could include interviews with multiple witnesses (if applicable) to help verify that statements are accurate.  In some cases, the responses may reveal that comments were mean or rude versus meeting the definition of bullying or harassment.  Reviewing student records (e.g., IEPs, developmental history, functional behavior assessments/behavior intervention plans, and discipline records) may also help clarify if a student's disability may be impacting his or her self perceptions and the interpretation of the meaning of other students' comments during social interaction.  IEP teams may determine it is in a child's best interest to make changes to his or her IEP even if bullying or harassment is not taking place.  In the Waco case, the team may have considered adding a goal to improve social skills and interpreting communication cues.