Fact Sheet: Bullying
Guide for parents of students with disabilities who are experiencing bullying at school.
This resource material is intended as a self-advocacy guide for people with disabilities. Nothing written here should be understood to be legal advice. For specific legal advice, please contact an attorney.
Introduction
We encourage you to follow your school’s bullying policy and formally report your concerns in writing. If the school is not aware that bullying is happening, it is limited in what it can do to help.
If your child is experiencing bullying based on disability, race, color, sex, or national origin, you may contact the Wisconsin Department of Public Instruction Non-Discrimination Coordinator and/or file a complaint with the U.S. Department of Education Office for Civil Rights.
The Wisconsin Department of Public Instruction Non-Discrimination Coordinator can be reached by phone at (608) 267-9157 or (800) 441-4563, or by mail at P.O. Box 7841, Madison, WI 53707. You can find more information on DPI’s website.
Complaints alleging a violation of Section 504 or the Americans with Disabilities Act (ADA) related to education may be filed with the U.S. Department of Education Office for Civil Rights (OCR). The OCR works to ensure equal access to education and enforce federal civil rights laws in schools. You can find more information on the Office for Civil Rights website.
You can contact the Office for Civil Rights using the following information:
Mail: Office for Civil Rights, U.S. Department of Education, 230 S. Dearborn Street, 37th Floor, Chicago, IL 60604
Phone: (312) 730-1560
Email: OCR.Chicago@ed.gov
If you file a complaint with the Office for Civil Rights, a complaint generally must be filed within 180 days of the alleged discrimination.
It is also important to remember that schools may be limited in the information they can provide about actions involving another student because of the Family Educational Rights and Privacy Act (FERPA). It can also be helpful to review your school’s anti-harassment, anti-bullying, and anti-discrimination policies.
Resources
National Resources
School staff, parents, and other caring adults have a role to play in preventing and responding to bullying. When a student with a disability is bullied, federal civil rights laws may require a school to investigate and take appropriate steps to stop the bullying and prevent it from happening again.
U.S. Department of Education: Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to schools that receive funds under an applicable program of the U.S. Department of Education.
Wrightslaw Bullying and Harassment Page
Wrightslaw provides information about preventing and responding to bullying and harassment. Resources include information for families and schools, legal decisions, reports, training materials, and strategies for addressing bullying involving children with disabilities.
Wisconsin Resources
Wisconsin Department of Public Instruction: My Child Has Been Bullied. What Can I Do?
Phone: (608) 266-8960 or (800) 441-4563
This resource provides information for parents of students who are experiencing bullying.
Wisconsin Department of Public Instruction: A Comprehensive Approach to Bullying Prevention
Phone: (608) 266-3390 or (800) 441-4563. Language assistance is available.
This resource provides information about Wisconsin law related to bullying, suggested steps for parents of children who have been bullied, bullying prevention resources for school districts, and additional resources related to bullying prevention.
Phone: (414) 272-4032
The ACLU of Wisconsin provides information for Wisconsin students and families experiencing bullying at school.
Additional Information from Disability Rights Wisconsin
If your child experiences any of the following issues, Disability Rights Wisconsin may be able to provide additional information or assistance depending on our capacity:
Repeated seclusion or restraint of students
Students facing a manifestation determination
Students being repeatedly suspended or facing expulsion
Police being called on special education students
Truancy
School not following an Individualized Education Program (IEP)
Open enrollment issues
Understanding Functional Behavioral Assessments (FBA) and Behavior Intervention Plans (BIP)
