(15.10) If my child is bullied, should an IEP team reconsider her needs and services, even if she was not bullied because of her disability? – SERR – Special Education Rights and Responsibilities

(15.10) If my child is bullied, should an IEP team reconsider her needs and services, even if she was not bullied because of her disability?

Yes. Whether or not the bullying is related to a student’s disability, it can result in the student not receiving a meaningful educational benefit from her IEP. School district is obligated to address the impact on her at school. District must convene her IEP team meeting to determine whether, as a result of the effects of the bullying, the student’s needs have changed such that the IEP is no longer designed to provide meaningful educational benefit. If that is the case, the IEP team must determine to what extent additional or different special education or related services are needed to address the student’s individual needs; and revise the IEP accordingly. [Dear Colleagues Letter, 61 IDELR 263 (OSERS/OSEP 2013), Dear Colleagues Letter, 111 LRP 45106 (OCR/OSERS 07/25/00) and Dear Colleagues Letter, Responding to Bullying of Students with Disabilities, 64 IDELR 215 (OCR 2014).]