It is easier to prove in the court system that harassment, intimidation and bullying are taking place than it is to the school district. In the court system you need to provide proof. That proof could be in the form of sheriff’s department/police reports, school reports, witness statements, copies of emails, phone recordings and maybe video recordings (provided by the school district).

The school district does not care if the victim is a person with disabilities or not.

Even though the court finds enough merit to take a stance for the disabled child, the school district will say that they have a need to have their own investigation. To have this done you need to have filed a HIB (harassment, intimidation, bullying) complaint with the school district. The school district will appoint an investigator, usually the school principal of other member of the district, to do the investigation. When it’s completed, you will receive a copy of the report with a copy of the school district’s policy regarding their stance on this type of behavior.

I recently read a report on an investigation of a HIB complaint filed on behalf of a family member with disabilities and was not really surprised with the investigator’s findings. They were completely opposite from the court’s whereas the court had enough concern to issue an order pf protection in favor of the family member.

In this instance the investigator found, basically, that their findings did not meet the criteria required by the school district and my interpretation of the comments was that the student victim with disabilities could bow be seen as the culprit and the culprit could now be seen as the victim, thus relieving the school district of any moral or legal responsibility to provide for the safety of said student.