Subcommittee backs guidance directing IEP teams to address bullying of neurodivergent students
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SB264 would require the Department of Education to develop guidance for IEP teams to consider bullying, harassment, and supports for students with disabilities; the subcommittee removed the word 'teasing' to avoid legal ambiguity and reported the bill 9–0 to appropriations.
Senator Stanley presented SB264, which would direct the Department of Education to produce guidance for Individualized Education Program (IEP) teams to consider whether a student's disability affects social-skill development and whether the student has experienced bullying or harassment. The proposed guidance would recommend strategies and supports the IEP team should consider and encourage schoolwide programs to build awareness and acceptance among peers.
Committee counsel and members questioned the use of the term "teasing," noting it is not defined in Title 22.1 of the Code of Virginia and that the statutory definition of bullying specifically excludes some forms of teasing. Melissa Velasquez of the Department of Education said the department would update existing resources and could develop additional materials to support implementation but emphasized local divisions would manage communication and practical rollout to avoid singling out students.
Supporters testified that students with disabilities — particularly autistic and neurodivergent students — are more vulnerable to bullying and that IEP teams should have clear guidance. Dr. Candace Lucas cited cases where repeated incidents reported by parents were not adequately addressed in IEPs and urged some enforcement for adults who do not act. The committee agreed to remove the word "teasing" to avoid statutory ambiguity and voted to report the bill and refer it to appropriations on a recorded vote of 9 to 0.
