hot button issues in special education law . Several laws could be implicated, but my focus here will be upon whether bullying can constitute a violation of IDEA.Kids with disabilities are often singled out by bullies. This has become one of the hottest of
In the next installments, I'll discuss a well-reasoned recent decision, but first some background on the legal foundations for this analysis:
In the seminal decision by the Third Circuit in Shore Regional High Sch. Bd. of Educ. v. P.S. 381 F.3d 194, 41 IDELR 234 (3d Cir. 8/30/2004) recognized that bullying could prevent educational benefit, and a school district’s failure to respond could constitute a denial of FAPE. See also, Gagliardo v. Arlington Central Sch Dist 489 F.3d 105, 48 IDELR 1 (2d Cir. 5/30/2007).
Shortly, thereafter the Second Circuit ruled that a student with a disability cannot receive educational benefit or FAPE if he is not in a safe environment. Lillbask ex rel Mauclaire v. State of Connecticut Dept. of Educ. 397 F.3d 77, 42 IDELR 230 (2d Cir. 2/2/2005).
These cases provide the analytical foundation.