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Bullying and harassment are pervasive problems across the United States, Pennsylvania, and in Philadelphia public schools. Every week, ELC hears from multiple parents calling our Helpline to report concern and frustration about their children in the School District of Philadelphia who are suffering from persistent and serious bullying that is unaddressed by school staff.
In 2017, ELC filed a complaint with the United States Department of Education’s Office for Civil Rights (OCR) on behalf of children with disabilities who were discriminated against due to pervasive bullying and harassment that was unanswered by the District due to a systemic failure to promptly and appropriately investigate their complaints and address their educational needs. The District’s failure to promptly and appropriately address alleged incidents of bullying, including consideration of whether the bullying resulted in the denial of a free appropriate public education and in referrals to truancy court for absences relating to bullying, constituted discrimination on the basis of disability.
OCR opened an investigation and entered into a Resolution Agreement with the District that awarded individual relief to named complainants and required the District to review and revise its anti-bullying and anti-harassment policies and procedures, provide staff training on disability discrimination and on the duties of school personnel to report, investigate, and appropriately address incidents of bullying and harassment.
Informed by our experiences in handling these matters and OCR’s Resolution Agreement, ELC is offering proposed changes to District Policy 249 on bullying, which is being revised in fall 2019. Our key recommendations fall in three areas:
-Reforming the reporting process to ensure that all bullying complaints are considered, documented, and investigated;
-Providing training and support to ensure robust bullying investigations by impartial, trained staff; and
-Expanding District oversight and monitoring through data collection, analysis and interventions.
Read our November 14, 2019, testimony to the Policy Committee of the Philadelphia school board.
Bullying and harassment are pervasive problems in Pennsylvania, the United States, and even globally. Students who are bullied are at increased risk of experiencing health problems, academic struggles, and more frequently drop out of school.
If the school knows that a current student is being bullied or harassed by another student at school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school, the school has a legal duty to investigate and take action to keep your child safe. The school should also provide your child supports and interventions when bullying or harassment occurs outside of school (including on social media) if it is substantially interfering with your child’s education or causing a threatening environment. This guide offers suggested steps to ensure the school fulfills these duties.
Read the Parent’s Guide.