Section 504 and the ADA prohibit any intimidation or abusive behavior related to a student’s disability that creates a hostile environment for the student and causes them to lose education, services and activities for which they are eligible. To be illegal, the bullying behavior must be severe, persistent and pervasive. However, a one-time conduct can violate the law if it is very severe.[1]
Harassment/bullying can occur in different forms: verbal, nonverbal and physically threatening, bullying, harmful and humiliating, and can be present even if the student does not show a tangible effect. Disparaging comments, obstructing accessible paths, inappropriate physical restraints and denial of school activities such as field trips and school assembly could all be unlawful harassment if they meet the criteria.[2]
Once the school or the educational agency knows or should know about the harassment, it must take prompt and thorough steps to determine what happened, end the harassment, eliminate the hostile environment and its effects, and prevent the harassment from recurring.[3]