My child has an IEP and is being bullied. What’s different?

Beyond the school’s general anti-bullying duties, you can ask the IEP or 504 team to review and adjust supports, and disability-based harassment is separately actionable under Section 504 and the ADA. If bullying is interfering with services, it may also be a FAPE issue the school must address.

Disability-based bullying & harassment

When a child is bullied because of a disability, there are extra protections under Section 504 of the Rehabilitation Act and the ADA — and it can become a denial of a free appropriate public education (FAPE). Here’s how to recognize it and use those protections.

What to do

1
Document and flag the disability angle
Note where conduct targets the disability, and how it affects access to learning and services.
2
Report in writing
Ask the school to address it and to convene the IEP or 504 team to review supports.
3
Watch for a FAPE issue
If bullying interferes with a student-with-a-disability’s access to services, the school may have to remedy it.
4
Consider an OCR complaint
Disability-based harassment is independently actionable under Section 504 and the ADA.
5
Bring in an advocate
Your district’s special-education office or a parent advocate can help with the details.

In-depth guides

Disability harassment

Bullying a child because of a disability has its own protections under Section 504 and the ADA — and can become a denial of a free appropriate public education (FAPE).

Protected-class harassment

When bullying targets a child's race, national origin, sex, disability, or religion, it can become civil-rights harassment with real duties for the school.

OCR complaint guide

How to file a civil-rights complaint with the U.S. Department of Education's Office for Civil Rights when bullying is discriminatory harassment — including the 180-day rule.

Free tools for this

Frequently asked questions

My child has an IEP and is being bullied. What’s different?: Beyond the school’s general anti-bullying duties, you can ask the IEP or 504 team to review and adjust supports, and disability-based harassment is separately actionable under Section 504 and the ADA. If bullying is interfering with services, it may also be a FAPE issue the school must address.

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Authoritative sources

U.S. Dept. of Education — Disability discrimination

General information — not legal advice

This page is general information to help you get organized, not legal or mental-health advice, and it doesn't guarantee any outcome. Laws and policies vary and change. For your specific situation, consult a licensed professional or the relevant agency. In an emergency call 911; for a mental-health crisis call or text 988.

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