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Safeguarding every student: Schools’ duty to protect those with IEPs and 504 plans

On Behalf of | Aug 30, 2024 | Bullying And Harassment

Every child deserves a safe and inclusive learning environment. For students with disabilities with Individualized Education Programs (IEPs) or 504 plans, this means more than just providing ramps or accessible classrooms. It means actively protecting them from discrimination and harassment, ensuring they can fully participate in school without fear.

But what does this protection look like in practice? What are schools legally obligated to do? And what can parents and students do if they feel their rights are being violated?

Here’s what you should know about protecting students with disabilities.

Understanding the legal framework

Federal laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, clearly outline schools’ responsibilities. These laws mandate that schools provide a free and appropriate public education (FAPE) to students with disabilities, including protections against discrimination and harassment. This means schools must take proactive steps to prevent and address any behavior that creates a hostile or discriminatory environment.

Creating an inclusive culture

Beyond legal compliance, schools are morally obligated to foster a culture of inclusivity and respect. This starts with educating all students about disabilities, promoting understanding and celebrating diversity. Schools should also train staff to recognize and respond to discrimination and harassment, ensuring that students with disabilities feel safe and supported.

Addressing discrimination and harassment

When discrimination or harassment occurs, schools must take swift and effective action. This includes thoroughly investigating complaints, taking disciplinary measures against perpetrators and supporting the affected student. Schools must create a clear process for reporting incidents and ensure that students and parents feel comfortable coming forward without fear of retaliation.

Protecting students with IEPs and 504 plans from discrimination and harassment is not just a legal requirement; it’s a fundamental part of creating an equitable and inclusive educational environment. By understanding their rights and responsibilities, parents and students can work with schools to ensure that every child has the opportunity to thrive. Remember, a safe and supportive school environment is essential for all students to reach their full potential.

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