This Aggression Will Not Stand, Schools: The Need for Federal Legislation Protecting Bullied Students with Disabilities

Authors

Russell A. Vogel, Touro Law Center

Abstract

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each morning, and his grades plummet. Students continue to tease the boy, feeling as if their teacher gave them permission to do so. When the boy’s parents go back to the principal looking for a solution, they are again dismissed. With no remedy in sight and unable to afford a private school, the boy’s parents feel that they have no other choice but to keep the child in the school, where his grades and mental health continue to take a toll.

The aforementioned vignette illustrates aspects of real-life scenarios faced by students with disabilities who experience bullying. While current legal remedies are available to mitigate the effects of bullying, they fall short of protecting students with disabilities. A cohesive piece of legislation is needed to provide students with disabilities uniform protections and rights when they experience bullying.

Recommended Citation

Vogel, Russell A. (2022) "This Aggression Will Not Stand, Schools: The Need for Federal Legislation Protecting Bullied Students with Disabilities," Touro Law Review: Vol. 38: No. 3, Article 10.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol38/iss3/10