This dissertation examines the special issue of peer harassment of students with disabilities through a legal lens, exploring the legal standards used in cases involving three federal statutes—Section 504 of the Rehabilitation Act (“Section 504”), the Americans with Disabilities Act (“ADA”), and the Individuals with Disabilities Education Act ("IDEA"). Using legal research methods, litigation trends regarding the number of cases and the legal standard used and applied were explored. There has been no Supreme Court case on the legal standard to be used under Section 504, the ADA, or IDEA in peer harassment of students with disabilities, and circuit courts of appeals have not reached consensus on which legal standard should apply. Instead, courts have applied several different legal standards, including the Davis standard, a modified Davis standard, bad faith and gross misjudgment, deliberate indifference, disability discrimination, intentional discrimination, and denial of a Free Appropriate Public Education (FAPE). This dissertation synthesizes the relevant legal standards used in each federal circuit and identifies trends that might guide the future of this type of litigation.
|Advisor:||Eckes, Suzanne E.|
|Commitee:||Decker, Janet, Hurwitz, Sarah, McCarthy, Martha M.|
|School Location:||United States -- Indiana|
|Source:||DAI-A 80/08(E), Dissertation Abstracts International|
|Subjects:||Disability studies, Educational sociology, Law, Education Policy|
|Keywords:||Americans with Disabilities Act, Bullying, Davis standard, Disability, Harassment, Section 504|
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