“Over a period of six months, classmates repeatedly directed disability slurs at the student and both physically attacked the student and threatened to attack him in a manner directly related to his disability, all of which the student’s parent, and school staff, reported to a district principal.”
Why this is important: The U.S. Department of Education’s Office for Civil Rights (OCR) recently resolved a disability harassment investigation involving the Allegheny Valley School District in Pennsylvania. The investigation found the district failed to protect a student with a disability from pervasive harassment, creating a hostile environment, and violated Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990.
During a six-month period, the student faced repeated disability slurs, physical attacks, and threats related to their disability from classmates. The district's response was inadequate, as they did not thoroughly investigate reported incidents and treated each as isolated. Additionally, OCR found the district did not convene a formal meeting to modify the student's individualized education plan (IEP) for more than six months, despite the parent's request.
The district has now committed to corrective actions through a Resolution Agreement with OCR, including training staff, providing counseling and other services to the student, reevaluating the impact on the student's education, and reviewing bullying incidents over a three-year period. In addition, the district will assess the school's climate to ensure a nondiscriminatory environment for all students. These actions represent the district's commitment to rectify the issues identified in the investigation, ensure the protection and rights of students with disabilities, and create a more inclusive and supportive educational environment for all students. The resolution serves as a way to enforce compliance with federal civil rights laws and ensure students are not subjected to a hostile environment based on their disabilities. --- Shane P. Riley