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In late November, 2013, OSERS issued guidance to school districts on Bullying of Kids With Disabilities.
The Dear Colleague letter dated August 20, 2013 notes that bullying can constitute a denial of FAPE under IDEA, but in any event bullying of children with disabilities cannot be tolerated. The letter specifically notes that students with disabilities are disproportionately affected by bullying and specifies actions that should be taken when bullying is suspected. The letter encourages states to reevaluate their policies on problem behaviors, including bullying in light of the letter and other guidance by OSEP and OCR. You can and should read the letter here.
An attachment to the Dear Colleague letter specifies a number of effective evidence based practices for school districts to use in preventing and addressing bullying. You can read the seven page attachment here.
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