1. By Suge Lee, Staff Attorney Disability Rights California 1

2. Our Focus Today: Advocacy through Law 2 And Beyond the Law…

3. Laws Protect rights of People with Disabilities Discrimination Harassment Bullying Hate Crime Free and appropriate education Services and supports 3

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5. What does Bullying mean under CA law? By student(s), targeting other student(s) Severe and pervasive Effects Fear of harm Health effects (physical and mental) Academic performance Participation in other school activities Cyber-bullying 5

6. What can Schools do about Bullying under CA law? 6 Discipline bullies Anti-bullying policy

7. School Anti-Bullying Policy No Discrimination, Harassment, Intimidation, and Bullying Complaint and Investigation Process School staff must intervene 7

8. Priority for Inter-district Transfers Priority or special consideration for inter- district transfer request Either your home or transfer district must determine that you have been bullied. For students with an Individualized Education Plan (IEP) or 504 plan, make sure to ask for an IEP or 504 Plan meeting. 8

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11. ADA & Section 504 Rehabilitation Act and CA law Prohibits discrimination Disability Harassment  Hostile learning environment  Discrimination 11

12. Bullying can be Disability Harassment Bullying Disability Harassment Acts by a student Directed at another pupil Acts that are severe and pervasive Does not have to be motivated by bias against disability Acts by anyone Includes conduct that is not directed at any one specific person Can be a single act Motivated by bias against disability 12

13. Schools have a duty to prevent disability discrimination Teachers and school staff share this responsibility as school employees School staff who harass students with disabilities violate anti-discrimination laws School must address disability harassment that they know about, or should have known about. 13

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15. Hate Crime Violent crimes motivated by bias against protected categories, such as disability Hate crime laws require additional penalty for bias-based violent crimes 15

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17. IDEA Free and Appropriate Public Education Bullying can affect a student with disability’s ability to benefit from education. IEP can address needs of student with disabilities related to bullying 17

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20. Step 1: Notify school district Notify the school in writing Ask for a copy of the school anti-bully policy If appropriate, ask for an IEP or 504 Plan meeting. 20

21. Template Letter to Principal 21

22. Step 2: IEP or 504 Plan Attend your IEP or 504 plan meeting Be prepared to discuss your education plan: accommodations, goals, services and supports that you need 22

23. Step 3: File Complaint When School District fails to follow the law California Department of Education, Office of Equal Opportunity Federal Department of Education, Office of Civil Rights Deadline: 180 days of the discrimination When you disagree with the District’s investigation or decision Deadline: 15 days of the District’s decision 23

24. Template Complaint 24

25. Tips Communicate in writing and keep copies of everything Details are important (dates and times, who was involved, witnesses, what happened) Be aware of timelines 25

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28. Find/Create Support networks Finding support for yourself and others is a form of self-advocacy 28

29. Eliminate Stigma Stigma: judgment that people or society place on particular groups, shame or disrespect. 29

30. Make disability issues a part of education Learn and teach others about disability history and disability rights 30

31. More inclusive schools A more integrated school is a more tolerant school. 31

32. Self-Advocacy Groups Yo! Disabled and Proud Youth in Mind—Stomp out Stigma Pacer Center National Bullying Prevention Project R-Word 32

33. 33 Disability Rights California Toll Free (800) 776 - 5746 TTY (800) 719 - 5798 www.disabilityrightsca.org