Gebser Letters: The Most Important Thing to Do for Bullying You Haven't Heard of

What can you do if the school doesn’t respond appropriately to bullying? Or if the school’s bullying policies or process doesn’t put an end to the bullying? According to the Office for Civil Rights (OCR)and the Department of Ed, when bullying interferes with a disabled student’s ability to access their education and related services, it could be a violation of their right to a free and appropriate public education (FAPE).

If bullying is serious enough that it creates “a hostile environment” — in other words, it is repeated, intentional, and impedes the child’s ability to access their education or affects their health (for example, by making them want to skip school or preventing them from using the bathroom) — and the school is aware of the bullying and doesn’t respond appropriately to stop it, this is considered a harassment violation. In this case, a parent may need to write a Gebser letter. Named after a 1998 Supreme Court ruling, a Gebser letter is a signal to the school that the child is being discriminated against by the school’s inattention to the issue. It is also the first step toward making a formal disability discrimination complaint with the OCR.

Not sure what to include in your Gebser letter? Here is what Carey recommends:

• Parent and student information, such as name, address, student grade, school of attendance, and birthdate
• The protected class they are a part of (may be more than one, for example the student could be disabled and black)
• What is happening? List specifics if you can that are interfering with their ability to access their education, and list how. For example, “They are afraid to go to the cafeteria to eat lunch” or “They can't pay attention in class due to fear.”
• List who you notified, when, and how. For example, “I spoke to the math teacher on September 3 in person, after school in person.”

We also have a sample Gebser letter that Undivided members can use.

Find more information on this topic from Equip for Equality’s Legal Advocacy Program about bullying and Gebser letters here.

Once you have written the letter, email it to your IEP team, case manager/case carrier, the school’s principal, the Director of Special Education, and the district’s superintendent. You can climb the chain of command until you reach the Board of Education, as necessary. Make sure to ask for confirmation by email that they received it. If you don't get confirmation, email again asking them to confirm they received it. If that doesn't work, you can send the letter by certified mail.

Make sure to keep a copy for your records. This way, you have proof that the school and district were informed of the harassment.

Carey explains that, “Once you send your letter, you should get a response. You should also request a meeting (not necessarily an IEP meeting). I like to ask the school what their corrective action is in order to protect the child — actions should be directed towards the aggressor as much as possible. For example, if classroom change is needed, it is the aggressor who needs to move classes, NOT the victim. Also, find out who will follow up with you and when to report on how the corrective actions are going. And remember, the plan should include a safe person and space the victim can access at school anytime. If possible, ask the child who and where they would feel safe.”

What do you do if you've sent a Gebser letter but the bullying still hasn't been resolved?