The bullying and harassment of students continues to receive national attention.  On May 9, 2011 a bill (S.B. 919) was introduced in Congress which would, among other things, authorize the U.S. Education Secretary to award $1 billion in competitive grants to states in FY 2012 to implement “comprehensive programs that address conditions for learning in schools.”  To be eligible for a grant, a state must require all local education agencies in the state to establish policies that prevent and prohibit harassment, including bullying, in schools. 

Introduction of the senate bill comes on the heels of an April 25th New York federal district court ruling that school officials’ failure to appropriately address the reported bullying of a student with disabilities provided the student with a valid claim that the school denied her right to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).  In the case T.K. v. New York Department of Education, the court relied, in part, on the U.S. Department of Education, Office of Civil Rights’ (OCR) 2010 advisory letter on bullying and harassment.  The court stated that, when responding to bullying incidents that may affect the opportunities for a special education student to obtain FAPE, a school must take prompt and appropriate action.  It must investigate reports of harassment and, if harassment is determined to have occurred, take appropriate steps to prevent it in the future.  “These duties of a school exist even if the misconduct is covered by its anti-bullying policy, and regardless of whether the student has complained, asked the school to take action, or identified the harassment as a form of discrimination.”  A school’s failure to provide FAPE could result in the school having liability for tuition payments for the student’s education in a private school.