On October 26, 2010 the Assistant Secretary for Civil Rights Russlynn Ali issued a "Dear Colleague" letter to educators throughout the country. The purpose of the letter is to remind school officials that "some student misconduct that falls under a school's anti-bullying policy may also trigger responsibilities under one or more of the federal antidiscrimination laws enforced by the Department's Office of Civil Rights (OCR)." Ms. Ali warns schools that, "by limiting its response to a specific application of its anti-bullying policy, a school may fail to properly consider whether the student misconduct also results in discriminatory harassment." The letter specifically addresses disability-based harassment, and warns that bullying of a child with a disability, because that child is disabled, may very well violate Section 504 and Title II.
Read the entire 10-page letter here.
Read more about Massachusetts' new anti-bullying law here.
If your child is being bullied or harassed at school, contact the eduction law practice of Lillian E. Wong, located in the North Shore of Massachusetts.
U.S. Department of Education Addresses Bullying and Harassment