How Texas Special Education Law Addresses Bullying And Harassment

Students with disabilities are entitled to an education that meets their unique needs. When bullying or harassment interferes with that right, it’s not just a school issue—it can also raise legal concerns. State and federal special education laws set clear expectations for how schools must respond when students receiving special education services face bullying or harassment.

Making sure school districts act when bullying affects a student’s ability to receive a free appropriate public education (FAPE) is essential. With nearly a decade of special education experience, Swanson Law, PLLC is committed to protecting your right to receive an education in Katy, Texas.

Definition of Bullying Under Texas Law

Texas Education Code § 37.0832 defines bullying as engaging in written, verbal, or physical conduct that harms a student, damages their property, or creates an intimidating, threatening, or abusive educational environment. The law also includes cyberbullying in this definition, whether it occurs on or off school property.

Though non-exhaustive, bullying behavior:

• Exploits an imbalance of power

• Recurs or is likely to recur

• Substantially interfere with the student’s education

School officials are legally obligated to respond to bullying behavior. If the conduct meets these criteria and the student receiving special education services is affected, schools must take immediate and meaningful steps.

How Bullying Intersects With Special Education Rights

Under IDEA, students with disabilities are entitled to FAPE in the least restrictive environment (LRE). When bullying occurs, and it disrupts the student’s learning or mental health, it may prevent the school from fulfilling its FAPE obligation.

The U.S. Department of Education has made it clear that bullying a student with a disability—regardless of whether it’s disability-based—can result in a denial of FAPE. This means that even if the bullying isn’t directly related to the student’s disability, the school still has a duty to act if it impacts the student’s access to education.

In Texas, this connection means that school districts must evaluate not only the behavior of the students involved but also whether the incident calls for a change to the bullied student’s IEP or placement.

The Individualized Education Program (IEP)

When bullying occurs, there’s a responsibility to determine whether the student’s educational needs have changed. This includes looking at the student's emotional well-being, academic performance, and school participation. The IEP supervisor may need to meet to discuss adjustments.

Possible actions the IEP Team might consider include:

• Adding or revising behavioral supports

• Modifying goals related to social interaction or self-regulation

• Providing counseling services

• Changing the student’s classroom setting

If the school delays or fails to respond through the IEP process, it may be in violation of IDEA. Parents have the right to request an IEP meeting at any time, especially if they believe the current plan doesn’t adequately address the impact of bullying.

Disability-Based Harassment and Federal Protections

In some cases, bullying rises to the level of disability-based harassment. This is when a student is targeted specifically because of their disability. When that happens, schools may also be in violation of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA).

These federal laws prohibit discrimination based on disability in schools receiving federal funds. Disability-based harassment may involve mocking a student’s condition, mimicking physical behaviors, or socially excluding a student because of their disability.

Under these laws, schools must:

• Investigate reports of harassment

• Take prompt and appropriate steps to stop the behavior

• Remedy the effects on the targeted student

Failing to act could result in legal consequences, including formal complaints with the Office for Civil Rights (OCR). Parents have the option to pursue both IDEA-based and discrimination-based claims, depending on the circumstances.

Required School District Policies in Texas

Texas law requires every school district to adopt policies on bullying prevention and response. These policies must address how to report incidents, how investigations are conducted, and what steps are taken to support affected students.

Districts are also required to:

• Notify parents of both the targeted child and the alleged aggressor

• Implement procedures for anonymous reporting

• Provide counseling options for students involved

• Document incidents and school responses

For students in special education, district policies should also coordinate with the student’s IEP. Administrators and educators must be familiar with both general anti-bullying rules and special education requirements to respond appropriately.

Signs That Bullying May Be Affecting a Student’s Education

Often, students with disabilities may struggle to express that they’re being bullied. Some signs may not be obvious and can be misinterpreted as behavior issues. That’s why educators and parents should monitor changes closely.

Common signs may include:

• Decline in academic performance

• Avoidance of school or specific classrooms

• Sudden emotional outbursts or withdrawal

• Changes in eating or sleeping habits

• Unexplained injuries or lost belongings

When these signs appear, and the student receives special education services, it may be time to reevaluate the IEP. The IEP Team should review data, consult teachers, and speak with the student and Parents to assess whether bullying is a factor.

Filing a State Or Federal Complaint

When parents believe that a school district isn’t meeting its obligations under special education law, several formal options are available. In Texas, parents can file a complaint with the Texas Education Agency (TEA). The complaint must explain how the school failed to meet legal requirements.

Alternatively, parents can also:

• Request a due process hearing under IDEA

• Use voluntary mediation to seek a resolution

• File a complaint with the Office for Civil Rights (OCR) or the Texas Education Agency (TEA)

• File District-level grievances by reviewing the school district's school board Policy

Each route serves a different purpose. For example, a due process hearing focuses on the student’s right to FAPE, while an OCR complaint addresses discrimination or harassment based on disability. Parents may choose the option that fits their concerns, and they can also pursue more than one type of complaint if needed.

Importance of Documentation

Documentation plays a crucial role in protecting a student’s rights. When bullying or harassment occurs, parents should keep thorough records of each incident. This includes written communication with school staff, meeting notes, and descriptions of the student’s behavior or emotional state.

Items that may support a special education complaint include:

• IEP documents showing service gaps

• Incident reports or witness statements

• Medical or psychological records

• Emails or letters sent to school officials

Accurate records help clarify what happened, how the school responded, and whether additional steps are needed to protect the student.

Training and School Staff Responsibilities

Texas law requires that school staff receive training on bullying prevention and intervention. However, not all training includes instruction on how bullying affects students in special education. This gap can lead to missed opportunities to support those most vulnerable.

Teachers, administrators, and support staff must understand how disability-related needs intersect with student behavior. When staff fail to recognize bullying or dismiss it as typical peer conflict, students with disabilities may suffer unnecessary harm.

Educators also have reporting duties. If a teacher witnesses or hears about bullying, they must report it. Delayed reporting can result in disciplinary action for staff and harm to the student.

Collaboration Between Parents and Schools

Addressing bullying under special education law often requires strong communication between parents and schools. Parents should feel encouraged to speak up when they see changes in their child’s behavior or school engagement.

Meetings should be collaborative and focus on the student’s well-being. This may involve:

• Asking for an IEP meeting to discuss bullying

• Proposing services like counseling or peer supports

• Requesting supervision changes or schedule adjustments

When communication breaks down, mediation or facilitated IEP meetings can help. These formats promote discussion while maintaining a legal structure for decision-making.

Bullying and Discipline of Students With Disabilities

Sometimes, a student with a disability who is bullied may react in a way that violates school rules. In these cases, Texas law requires that the school consider whether the behavior was a manifestation of the student's disability.

This is known as a Manifestation Determination Review (MDR). If the behavior is linked to the disability, the school may need to revise the IEP rather than impose standard discipline, like suspension or expulsion.

This legal protection prevents unfair punishment and focuses on support rather than exclusion. The goal is to help the student remain in an educational setting that meets their needs while addressing safety concerns.

Advocacy in Special Education

Advocacy plays a key role when special education rights are not honored. Whether the issue is a lack of response to bullying or inappropriate disciplinary action, parents can advocate for their child’s legal protections.

Effective advocacy involves:

• Understanding the laws and rights under IDEA and Section 504

• Keeping detailed records

• Being prepared for meetings and conversations with school staff

• Asking questions and requesting written responses

Parents don’t need legal training to advocate. However, in some cases, legal support may help clarify rights and guide next steps. When schools are not fulfilling their obligations, legal advocacy may bring greater accountability.

Reach Out Today

Bullying and harassment undermine the educational experience of students with disabilities. Whether the bullying is based on disability or simply interferes with a student's progress, schools must assess its impact and make changes through the IEP process. Reach out to our attorney at Swanson Law, PLLC in Katy, Texas today to get the representation you need.