Benefits of Working With an IEP & Bullying Lawyer
Federal law requires schools to provide Individualized Education Plans (IEPs) to ensure students with special needs get the instruction and social-emotional support they need for a “free appropriate public education” (FAPE). Every IEP is tailored to meet the student’s unique needs. If your child is being bullied or bullying other students, IEP accommodations can address these issues. But then it’s up to the school and teachers to follow the IEP — and unfortunately, that doesn’t always happen.
Unfortunately, bullying occurs in every New Jersey school. Children with special needs are frequent targets. New Jersey law requires schools to take swift action to investigate and resolve bullying allegations. A school harassment and intimidation lawyer can help parents ensure the school and school district comply with the law and address bullying and IEP violations.
Schools Must Follow the IEP by Law
An IEP does not simply provide suggestions to teachers for meeting a student’s needs. It is a legally enforceable document. The Individuals with Disabilities Education Act (IDEA) requires schools to provide special education services if the student is determined eligible for an IEP. New Jersey schools must develop a process to assess students and provide proper interventions.
State law mandates that school officials and school districts investigate bullying reports. The New Jersey Anti-Bullying Bill of Rights Act provides strong protections to students. However, various IEP accommodations can also address school bullying. These should be specially designed based on the child’s disability, social skills, and the school and classroom environment.
How Can an IEP Address School Bullying?
Let’s imagine a scenario: Ashley, age 15, is autistic, struggles with emotional regulation, and has a slower processing speed. These aspects of her disability can cause extreme anxiety and meltdowns in class. One student exploits Ashley’s difficulties by purposely rushing her in group assignments, telling her she’s too slow, and name-calling. IEP accommodations can help address school harassment by:
- Seating Ashley near peers who understand her challenges and can serve as witnesses to the bullying
- Developing a nonverbal signal so her teachers can quickly check whether she is being harassed
- Establishing a safe space outside of the classroom where Ashley can go to self-regulate
- Providing calming tools to Ashley that help her relax, such as breathing exercises, taking a walk, or sensory tools
- Assigning support staff or other school personnel to monitor Ashley for bullying in cafeterias, hallways, and other shared spaces
Teacher shortages and limited resources can make it challenging for school staff to address harassment and implement all of these accommodations. But if they are written into an IEP, they have no choice. Speak to an IEP lawyer immediately if the school is not following your child’s IEP.
Benefits of Hiring an IEP and Bullying Lawyer
A special education and HIB lawyer is an excellent ally if your school does not investigate bullying claims or fails to follow IEP interventions to protect your child from bullying.
An attorney can:
- Evaluate the IEP and your situation to determine whether the IEP meets your child’s needs (if you already have one)
- Help with the IEP process to ensure the school provides services that benefit and protect the student
- Recommend an independent educational evaluation to support your case
- Review your case to ensure the school board is complying with procedures to investigate the bullying
- Identify whether violations have occurred
- Take legal action for school non-compliance or negligence
- Represent you during mediation, due process hearings, or litigation
Nothing is more upsetting than learning your child has been physically or emotionally traumatized at school. Don’t lose heart — your child’s education matters, and they have rights. Contact a school bullying lawyer from Susan Clark Law Group LLC for help. We serve clients in Middlesex County, Monmouth County, Ocean County, and the surrounding New Jersey communities.
