It’s our responsability Bullying & FAPE It’s our responsability

What Is fape? Free Appropriate Public Education (FAPE) is an educational right of children with disabilities in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).

SHORE REGIONAL HIGH SCHOOL BOARD OF EDUCATION Legal Case: SHORE REGIONAL HIGH SCHOOL BOARD OF EDUCATION V P. S., ON BEHALF OF P.S., Shore Regional High School was sued by a family for failing to provide their son with FAPE due to continuous harassment and bullying.

The details: In elementary school, P.S. was teased by other children who viewed him as “girlish,” When P.S. began Middle School in fifth grade, the bullying intensified. From name calling, social ridicule, to physical assault. Despite repeated complaints, the school administration failed to remedy the situation. The constant harassment began to cripple P.S. He became depressed, and his schoolwork suffered. P.S.’s mother obtained private psychiatric when he was in fifth grade. The psychiatrist diagnosed P.S. with depression and prescribed medication, however it did not seem to help P.S. P.S.’s grades slipped so badly that he was then classified as eligible for special education and related services based on perceptual impairment, and was placed on an IEP. However, P.S.’s resource teacher believed that P.S.’s poor academic work was due to the bullying rather than any cognitive deficiencies. IEP was expanded to include a daily resource-center literature class and an alternative physical education class to help him with his physical skills and to avoid the locker room changing period, during which other children ridiculed his physique. The school also permitted P.S. to change classes at special times so that he would not encounter other students in the hallways and could thus avoid the harassment that customarily occurred there. Unfortunately, the bullying did not get better for P.S. and in eight grade he attempted suicide. P.S. received home schooling for six weeks, and the school changed P.S.’s classification finding him eligible for special education on the basis of emotional disturbance. When it was time for the P.S. to attend high school his parents relocate him to a neighboring school that had a drama program P.S. was interested in. However, P.S.’s home school rejected the request to move schools. P.S. and his parents had to take the school to court and fight for his right of FAPE. In the end the P.S. won the right to attend the school of his choice.

No Bullying Zone It is the schools responsibility to make sure students receive free appropriate public education in a safe proper learning atmosphere. Know about your obligations under your state’s anti-bullying law. Learn also about federal laws that require schools to address harassment based on race, color, national origin, sex, and disabilities.

Tips for Educators: Learn what bullying is and what it is not. Many behaviors that look like bullying may be just as serious, but may require different response strategies.  You can also learn about what to look for as warning signs that some of your students might be involved in bullying and who might be at more risk for being involved.  Establish a safe school climate. Often the first step to preventing bullying is making sure the students, teachers, and administrators alike are educated about bullying. Learn how to engage parents and youth in the building a positive school climate. Learning how to talk about bullying with youth is a critical step. Assess bullying in your school and understand how your school compares to national rates of bullying. Respond when bullying happens. Learn how to stop it on the spot, find out what happened, and support all students involved. Avoid misdirections in bullying prevention and response strategies. Utilize free Federal and Non-Federal Resources on bullying. Schools are a primary place where bullying can happen. Helping to establish a supportive and safe school climate where all students are accepted and knowing how to respond when bullying happens are key to making sure all students are able to learn and grow. There are many tools on StopBullying.gov specific for teachers, administrators, and other school staff.

References Free Appropriate Public Education. (2010, August). Retrieved from ED.gov : https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html SHORE REGIONAL HIGH SCHOOL BOARD OF EDUCATION v. P.S., ON BEHALF OF EDUCATION, No. 03-3438 (THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW August 20, 2004). What Can WE Do: Educators. (2014, March 21). Retrieved from Stopbullying.gov: http://www.stopbullying.gov/what-you-can-do/educators/index.html