Individuals with Disabilities Act (IDEA) Claims

The Individuals with Disabilities Education Act (IDEA) requires school districts to provide free and appropriate public education to students with disabilities.  The IDEA further requires public schools to develop an individualized education plan (IEP) for students with qualified disabilities, which details how a school will provide free and appropriate public education to a particular qualified student.

In situations in which bullying of a special-needs student is so severe that the student cannot benefit from the educational services provided by the school, courts have found the student was denied a free and appropriate public education.

Interestingly, the IDEA does not require bullying to be either "severe and pervasive" nor specifically based on a disability.  Instead, the IDEA is concerned with the ability of a student with special needs to receive a free and appropriate public education.   Courts have found that when responding to bullying incidents, which may affect the opportunities of a special education student to obtain an appropriate education, a school must take prompt and appropriate action. It must investigate if the harassment is reported to have occurred and, if found, the school must take appropriate steps to prevent it in the future. These duties of a school exist even if the misconduct is covered by its anti-bullying policy, and regardless of whether the student has complained, asked the school to take action, or identified the harassment as a form of discrimination.