By Suge Lee, Staff Attorney

Disability Rights California

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Our Focus Today:Advocacy through Law

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And Beyond the Law…

LawsProtect rights of People with Disabilities

DiscriminationHarassmentBullyingHate Crime

Free and appropriate educationServices and supports

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What does Bullying mean under CA law?By student(s), targeting other student(s)Severe and pervasiveEffects

Fear of harmHealth effects (physical and mental)Academic performance Participation in other school activities

Cyber-bullying

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Discipline bullies

Anti-bullying policy

School Anti-Bullying PolicyNo Discrimination, Harassment, Intimidation, and Bullying

Complaint and Investigation Process

School staff must intervene7

Priority for Inter-district TransfersPriority or special consideration for inter-

district transfer requestEither 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.

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ADA & Section 504 Rehabilitation Act and CA law

Prohibits discriminationDisability Harassment Hostile learning environment Discrimination

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Bullying can be Disability HarassmentBullying Disability HarassmentActs by a studentDirected at another

pupil

Acts that are severe and pervasive

Does not have to be motivated by bias against disability

Acts by anyoneIncludes conduct that

is not directed at any one specific person

Can be a single act

Motivated by bias against disability

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Schools have a duty to prevent disability discriminationTeachers and school staff share this

responsibility as school employeesSchool staff who harass students

with disabilities violate anti-discrimination laws

School must address disability harassment that they know about, or should have known about.

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Hate CrimeViolent crimes motivated by bias

against protected categories, such as disability

Hate crime laws require additional penalty for bias-based violent crimes

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IDEAFree and Appropriate Public

EducationBullying can affect a student with

disability’s ability to benefit from education.

IEP can address needs of student with disabilities related to bullying

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Step 1: Notify school districtNotify the school in writingAsk for a copy of the school anti-bully

policyIf appropriate, ask for an IEP or 504

Plan meeting.

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Template Letter to Principal

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Step 2: IEP or 504 PlanAttend your IEP or 504 plan meetingBe prepared to discuss your

education plan: accommodations, goals, services and supports that you need

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Step 3: File ComplaintWhen 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 discriminationWhen you disagree with the District’s

investigation or decisionDeadline: 15 days of the District’s decision

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Template Complaint

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TipsCommunicate in writing and keep

copies of everythingDetails are important (dates and

times, who was involved, witnesses, what happened)

Be aware of timelines

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Find/Create Support networks

Finding support for yourself and others is a form of self-advocacy

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Eliminate StigmaStigma: judgment that people or society

place on particular groups, shame or disrespect.

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Make disability issues a part of educationLearn and teach others about

disability history and disability rights

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More inclusive schoolsA more integrated school is a more

tolerant school.

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Self-Advocacy GroupsYo! Disabled and ProudYouth in Mind—Stomp out StigmaPacer Center National Bullying Prevention

ProjectR-Word

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Disability Rights CaliforniaToll Free (800) 776 - 5746

TTY (800) 719 - 5798www.disabilityrightsca.org