Bullying of Students With Disabilities: An Empirical Analysis of the Case Law

Increased bullying victimization of students with disabilities has generated both public concern and increased litigation. To identify focus areas for both legal compliance and proactive prevention, this investigation analyzed 125 court decisions and 600 claim rulings for the 20-year period 1998–2017, tabulating the frequency and outcomes for each specific legal claim as well as the student plaintiff's disability classification. Findings demonstrate an increase in the frequency of relevant court decisions and claim rulings, an overrepresentation of student disability classifications characterized by behavioral traits, and a high proportion of inconclusive outcomes for the claim rulings. Results suggest that districts address both legal antibullying and civil rights compliance issues and proactively implement bullying prevention programs designed to meet disability-specific student needs.