Disability-based harassment & bullying
Bullying a child because of a disability has its own protections — and can become a denial of a free appropriate public education (FAPE).
Under Section 504 of the Rehabilitation Act and Title II of the ADA, schools must address disability-based bullying and harassment that interferes with a student's ability to participate in or benefit from school.
Why it matters
- Disability-based harassment is independently actionable under Section 504 and the ADA.
- If bullying interferes with a student-with-a-disability's access to services, it may become a FAPE (free appropriate public education) violation the school must remedy.
- Students with an IEP or 504 plan have additional avenues — the team can review and adjust supports.
Good to know
The U.S. Dept. of Education's Office for Civil Rights issued specific guidance on bullying of students with disabilities (the 2014 “Dear Colleague” letter).
What to do
- Document the incidents and flag the disability angle in your record.
- Report in writing, and ask the school to convene the IEP or 504 team to address it.
- Consider an OCR complaint under Section 504 / ADA — see the OCR complaint guide.
Not legal advice
General information — not legal advice. Special-education rights are detailed and situation-specific; consider talking with your district's special-education office or an advocate.
Related tools & guides
General information — not legal advice
This guide is general information to help you get organized, not legal or mental-health advice, and it doesn't guarantee any outcome. Laws and school policies vary and change. For your specific situation, consult a licensed professional or your state's education agency. In an emergency call 911; for a mental-health crisis call or text 988.