Bullying and Excluding Students with Disabilities

Bullying and exclusion are serious issues for disabled students. Learn more about what rights parents can exercise to protect students.

FAQs

What counts as bullying?

Bullying takes place when someone mocks a student’s disability so much that the student feels unsafe or can’t learn. Examples:

  • Making fun of the way the student talks, walks, or learns
  • Blocking the student’s wheelchair so they can’t get into class
  • Refusing to play with the student at recess because of their disability
What should the school do if bullying happens?

If the school learns a student is being bullied, it must:

  • Try to find out what happened
  • Make a plan to stop the bullying from happening again
  • Help the student feel safe and supported in school
What if the student is excluded from school activities?

If the school does not allow a student to attend assemblies, sports, clubs, recess, or other activities, you may be able to argue that the student is being unfairly left out of activities because of their disability.

What can I do in response?
  1. Tell the school or district.
    Write to the principal and the student’s case manager or special education teacher. Make sure you include:
    • The student’s name and disability
    • The name of the individual who bullied or excluded the student
    • What happened, when, and where
    • What the school has already done to stop it
    • What you want the school to do next to stop it

      If the problem continues, contact the district’s special education director or Section 504 coordinator (check the Colorado Department of Education website or the school district’s website).
  2. Request a meeting.
    • Emailing your request is the best way to preserve a record of it.
    • If not, use certified mail or keep a signed and dated copy of a hand-delivered letter.
  3. Attend the meeting.
    Before the meeting, think about:
    • How the school can keep the bully away from the student during lunch, recess, and in the hall
    • Who in the school the student can go to if bullying happens
    • If the student has an IEP (Individualized Education Program), whether they need a new goal or social work services to help them deal with being bullied
    • Whether the student lost any services or progress while being bullied and what the school can do to make up for it
What if nothing changes?

If the bullying or exclusion continues after all of steps above:

  • Call Disability Justice at 303-722-0300
  • Submit an online intake form to Disability Justice
  • File a school complaint (see the School Complaints section of the Education Rights Toolkit)

Call 911 in the event of an emergency.

Learn how to seek assistance from Disability Justice.

Disability Justice distributes this material for informational purposes only. It does not constitute legal advice or establish a lawyer-client relationship. For further assistance, contact the phone numbers or internet sites referred to in this publication or seek the counsel of an attorney.

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