Download - Advocating for a Bully-Free World
By Suge Lee, Staff Attorney
Disability Rights California
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Our Focus Today:Advocacy through Law
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And Beyond the Law…
LawsProtect rights of People with Disabilities
DiscriminationHarassmentBullyingHate Crime
Free and appropriate educationServices and supports
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What does Bullying mean under CA law?By student(s), targeting other student(s)Severe and pervasiveEffects
Fear of harmHealth effects (physical and mental)Academic performance Participation in other school activities
Cyber-bullying
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Discipline bullies
Anti-bullying policy
School Anti-Bullying PolicyNo Discrimination, Harassment, Intimidation, and Bullying
Complaint and Investigation Process
School staff must intervene7
Priority for Inter-district TransfersPriority or special consideration for inter-
district transfer requestEither your home or transfer district must
determine that you have been bullied.For students with an Individualized
Education Plan (IEP) or 504 plan, make sure to ask for an IEP or 504 Plan meeting.
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ADA & Section 504 Rehabilitation Act and CA law
Prohibits discriminationDisability Harassment Hostile learning environment Discrimination
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Bullying can be Disability HarassmentBullying Disability HarassmentActs by a studentDirected at another
pupil
Acts that are severe and pervasive
Does not have to be motivated by bias against disability
Acts by anyoneIncludes conduct that
is not directed at any one specific person
Can be a single act
Motivated by bias against disability
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Schools have a duty to prevent disability discriminationTeachers and school staff share this
responsibility as school employeesSchool staff who harass students
with disabilities violate anti-discrimination laws
School must address disability harassment that they know about, or should have known about.
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Hate CrimeViolent crimes motivated by bias
against protected categories, such as disability
Hate crime laws require additional penalty for bias-based violent crimes
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IDEAFree and Appropriate Public
EducationBullying can affect a student with
disability’s ability to benefit from education.
IEP can address needs of student with disabilities related to bullying
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Step 1: Notify school districtNotify the school in writingAsk for a copy of the school anti-bully
policyIf appropriate, ask for an IEP or 504
Plan meeting.
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Template Letter to Principal
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Step 2: IEP or 504 PlanAttend your IEP or 504 plan meetingBe prepared to discuss your
education plan: accommodations, goals, services and supports that you need
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Step 3: File ComplaintWhen School District fails to follow the law
California Department of Education, Office of Equal Opportunity
Federal Department of Education, Office of Civil Rights
Deadline: 180 days of the discriminationWhen you disagree with the District’s
investigation or decisionDeadline: 15 days of the District’s decision
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Template Complaint
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TipsCommunicate in writing and keep
copies of everythingDetails are important (dates and
times, who was involved, witnesses, what happened)
Be aware of timelines
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Find/Create Support networks
Finding support for yourself and others is a form of self-advocacy
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Eliminate StigmaStigma: judgment that people or society
place on particular groups, shame or disrespect.
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Make disability issues a part of educationLearn and teach others about
disability history and disability rights
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More inclusive schoolsA more integrated school is a more
tolerant school.
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Self-Advocacy GroupsYo! Disabled and ProudYouth in Mind—Stomp out StigmaPacer Center National Bullying Prevention
ProjectR-Word
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Disability Rights CaliforniaToll Free (800) 776 - 5746
TTY (800) 719 - 5798www.disabilityrightsca.org