When a student with an Individualized Education Program (IEP) faces sex-based harassment or discrimination at school, the issue extends beyond special education law. Title IX, a federal civil rights law, requires schools to act when sex-based misconduct disrupts a student’s access to education. For students with disabilities, these obligations often intersect with IEP rights, directly impacting safety, learning, and the school’s responsibility to provide meaningful educational supports.
In California, schools must navigate both Title IX and special education requirements to ensure civil rights protections and IEP obligations are fully addressed. Continue reading to understand how Title IX interacts with special education law to help families better safeguard their children’s safety, access to education, and right to meaningful support at school.
Understanding Title IX
Title IX is a federal law that prohibits sex-based discrimination in any education program or activity that receives federal funding. This includes public K–12 schools.
Under Title IX, schools have a legal obligation to address discrimination, sexual harassment, sexual assault, dating violence, and other forms of sex-based misconduct that interfere with a student’s ability to participate in or benefit from their education. When a school knows, or reasonably should know, of this type of misconduct, it must respond promptly and appropriately.
While commonly associated with equal access to school sports, Title IX is not limited to athletics. It applies to students of all ages, including elementary and secondary school students across all federally funded education environments, and it protects students regardless of disability status.
How Title IX Protections Intersect With IEP Rights
Students with IEPs are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). When a student with a disability experiences sex-based harassment or violence, the impact often directly affects their ability to access education and make progress toward IEP goals.
- If the misconduct affects a student’s attendance, behavior, emotional regulation, or academic progress, it can also disrupt the student’s ability to receive FAPE. In these situations, a school cannot treat a Title IX issue as separate from a student’s disability-related needs. For example:
If a student with an IEP is sexually harassed, the school’s response must take into account how the student’s disability affects communication, reporting, behavior, and emotional regulation. - Supportive measures under Title IX may need to be integrated into the student’s IEP or related services to ensure continued access to education.
- Disciplinary responses must comply with both Title IX and special education protections, including manifestation determination requirements when applicable.
- If a school’s failure to address harassment disrupts a student’s access to FAPE, legal action can be taken to hold the school accountable, seek corrective measures to restore educational access, and ensure that the student receives appropriate supports and accommodations to continue making progress on their IEP goals.
In some situations, schools focus narrowly on compliance with special education procedures while overlooking their broader Title IX civil rights obligations. In others, schools may mishandle a Title IX investigation in ways that disproportionately harm a student with a disability, such as by excluding them from school without providing appropriate supports.
When these laws intersect, working with an education rights attorney or advocate can ensure your child’s educational rights remain protected, and school districts handle matters within the child’s best interests.
Why Title IX Rights Matter for Students With IEPs
Students with disabilities are at increased risk of bullying, harassment, and sexual victimization. According to a study published by the Vera Institute of Justice, children with disabilities are three times more likely to be abused than their peers without disabilities, and children with intellectual and mental health disabilities face nearly five times the risk of sexual abuse.
Not only do they face these statistics, but children with disabilities may also face additional barriers when reporting misconduct, being believed, and receiving appropriate accommodations during investigations.
For families, this creates a complex and stressful situation. Parents may be told that an issue is a “behavior problem,” a “special education issue,” or something that should be handled informally rather than addressed as a civil rights violation. When Title IX obligations are misunderstood or ignored, students with IEPs can lose instructional time, fall behind academically, or suffer long-term emotional harm.
Understanding Title IX helps families advocate more effectively for their children. It reinforces that schools have a responsibility not only to provide special education services but also to ensure that students with disabilities are safe, supported, and able to learn in an environment free from sex-based discrimination.
Taking Action in Title IX Matters Involving an IEP Student
When Title IX and special education laws are applied correctly, they work together to address harm, restore a student’s access to education, and ensure schools meet their legal obligations to students with disabilities. When these responsibilities are misunderstood or ignored, families may be left navigating overlapping systems without clear answers or effective solutions.
Families who are concerned about how a school responded to a Title IX issue involving a student with an IEP may consider taking steps to better understand their options. This can include documenting what occurred, requesting an IEP meeting to address educational impact, and seeking clarification about the school’s Title IX policies and procedures.
In California, families may also have the option to file complaints with the school district, the California Department of Education, or the U.S. Department of Education’s Office for Civil Rights, depending on the situation. Reviewing the school’s actions, understanding available legal remedies, and determining whether corrective measures are needed can help protect a student’s continued access to FAPE.
Advocating for Your Child’s Education Rights
If you have questions about how Title IX and IEP rights apply to your child’s situation, or if you are concerned that a school’s response has failed to address discrimination or educational harm, contact the Law Offices of Jennifer Chang to request a consultation and learn more about your legal rights and options.
Jennifer Chang is a Los Angeles-based education rights attorney who represents children and families facing discrimination, exclusion, and failures to provide appropriate educational support. Her practice focuses on protecting the rights of students with disabilities and ensuring that schools comply with both civil rights and special education laws. She works with families to evaluate whether a school’s response to sex-based harassment has interfered with a student’s right to a free and appropriate public education and to identify appropriate next steps under California and federal law.