EYE OPENER--MUST READ

For Release:
July 26, 2000

Contact:
Jim Bradshaw
(202) 401-2310

Rodger Murphey
(202) 401-0774

REMINDER: HARASSMENT BASED ON DISABILITY IS WRONG, ILLEGAL

The U.S. Education Department today marked the 10th anniversary of the Americans with Disabilities Act (ADA) with a letter reminding schools, colleges and universities that prompt action must be taken if harassment of a student based on disability interferes with the student’s ability to participate in or benefit from the school’s program.

The “dear colleague” letter to educators provides an overview of the legal and educational principles involved. It emphasizes that disability harassment is defined as “intimidation or abusive behavior toward a student based on disability,” and includes “verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.” Parents, disabled persons and advocates for students with disabilities have raised harassment as an important issue in recent discussions with department officials and staff.

Assistant Secretary for Civil Rights Norma V. Cantu, one of the authors of the letter, says that disability harassment can have “a profound and devastating effect on students. It can interfere with or even deny educational benefits or opportunities to students with disabilities - opportunities that are critical to the advancement of all students.” Cantu added that the letter describes for schools what actions may constitute disability harassment under existing law and outlines measures that schools can take to prevent disability harassment or to respond effectively if it occurs.

Assistant Secretary for Special Education and Rehabilitative Services Judith E. Heumann, who also signed the joint letter, added, “We have written to schools because we recognize that school officials and employees who are in daily contact with students are in the best position to prevent disability harassment and to respond to it promptly and effectively if it occurs. This type of conduct cannot be tolerated and must be eliminated from our schools. The department is committed to working with schools, parents, disability advocacy organizations, and others to accomplish this important goal.”

Title II of the ADA prohibits discrimination based on disability by any public entity, including public schools, colleges and universities. Section 504 of the Rehabilitation Act prohibits discrimination based on disability by recipients of federal financial assistance, while the Individuals with Disabilities Education Act (IDEA) entitles students with disabilities to a free appropriate public education.

The letter outlines measures that schools, colleges and universities should take to prevent and eliminate harassment based on disability, including establishing an official policy and developing grievance procedures.

The letter is being sent to school principals, superintendents, and college and university presidents.

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