District files appeal against deaf student

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SGVTribune.com - District files appeal against deaf student

Samantha Solorzano, a deaf sophomore at Glendora High School, cried tears of joy after she and her family won a lawsuit against her school requiring it to provide her with a real-time transcription of her classes.

Then, June 7, the school appealed. In court documents, the district called having a court reporter transcribe classes an "extreme solution" that could intimidate other students.

"I feel mad that they won't give up ... I want to hear what everybody's saying," said the 16-year-old. She doesn't enunciate much, but she is understandable.

Being deaf since birth hasn't kept Solorzano from attending regular high school classes, but it has kept her from joining classroom discussions. She has several ways of understanding what people say, from lip reading to a cochlear implant in her left ear, although she still might need people to repeat themselves. Her teachers have microphones so their voices are transmitted to her hearing aid.

But most students sit behind her and she can't always see their lips. Since she doesn't know what they're saying, she doesn't want to speak, she said.

"I can't see their faces and read their lips," Solorzano said.Two voices at once are hard to nterpret, and a note-taker hired by the school can't take notes word for word. The note-taker also leaves out snideremarks that set the other kids laughing, leaving Solorzano out, too, she said.

So in May 2006, Solorzano and her family asked the school to provide a transcription service, which is used in several area high schools and colleges. A court-reporter style "captionist" would sit in class with Solorzano, typing what the teachers and students said word for word for her to read on a computer screen, or projected onto a classroom screen.

But the school disagreed, saying in court documents that captioning was unnecessary. It would also cost upward of $35,000 per year. The school offered other options, including a sign language interpreter and the note-taker.

So in November, the family sued, and they won in May. Glendora High School appealed last week.

Ted McNevin, the Glendora Unified School District's director of instructional and student support services, said he couldn't talk about Solorzano's case for confidentiality reasons, but spoke about special education programs.

"We have an obligation to provide students with what they need ... but we try to distinguish between what would be needed and what is just helpful," McNevin said. "That's where we sometimes get into disputes with families. They're not looking at it from an educational and legal point of view, they're looking at it from their hearts."

A transcript of a class would be used as a back-up if a student missed a part of a discussion, he said. Since it wouldn't be part of the main way of providing instruction, it falls into the "just helpful" category, he said.

And while the school can't consider the cost when deciding whether to provide a program such as transcription, the school would not get any new funding for the program, either, McNevin noted.

But a judge slammed the school for failing to meet Solorzano's needs. In the decision, Administrative Law Judge Clara Slifkin criticized the school for giving Solorzano a sign language interpreter, even though she is an oral learner and uses sign language only socially, not academically.

Slifkin also highlighted testimony by Sandy Eisenberg, who owns a captioning company, saying that captioning would improve Solorzano's lagging vocabulary skills and encourage her to use her voice more. Solorzano's mother, Jackie, said it would also help make her daughter more independent because she would begin to recognize the sound of more words once she could see them printed at the same time she hears them spoken.

The appeal could take one or two years, but Solorzano's attorney, David M. Grey, said federal laws will require the school to provide captioning during the appeal - but he will have to get a court order for it.

"We should be able to get an order within 60-90 days," Grey said. "So ... she's not going to get the service for the rest of this school year or during summer school."
 
I understand wanting to hear all that is going on around you. My daughter who is deaf has me to assist her when we are shopping or at friends' together and it is so difficult to sign the main message and to include the other conversations going on around. We as hearing individuals don't hear everything either though, just what's in our immediate vacinity. Most of the time in class it would be better to ignore those distracting individuals and focus on the teacher, but times these remarks are important. I would think that the typist could do a better job of including the ongoing conversations.
 
That's a school under the G.L.A.D. umbrella that favors the use of sign language interpreters over the other methods like CART used by the hard of hearing and the oral deaf.

We got a federal grant to provide loaner laptops to schools who wishes to experiment with CART. We have 30 laptops coming in soon to support fifteen oral students in the fall. We're highly motivated to bring the CART costs down so this type of accommodation will be come more cost accessible.

Richard
 
SGVTribune.com - District files appeal against deaf student

Samantha Solorzano, a deaf sophomore at Glendora High School, cried tears of joy after she and her family won a lawsuit against her school requiring it to provide her with a real-time transcription of her classes.

Then, June 7, the school appealed. In court documents, the district called having a court reporter transcribe classes an "extreme solution" that could intimidate other students.

"I feel mad that they won't give up ... I want to hear what everybody's saying," said the 16-year-old. She doesn't enunciate much, but she is understandable.

Being deaf since birth hasn't kept Solorzano from attending regular high school classes, but it has kept her from joining classroom discussions. She has several ways of understanding what people say, from lip reading to a cochlear implant in her left ear, although she still might need people to repeat themselves. Her teachers have microphones so their voices are transmitted to her hearing aid.

But most students sit behind her and she can't always see their lips. Since she doesn't know what they're saying, she doesn't want to speak, she said.

"I can't see their faces and read their lips," Solorzano said.Two voices at once are hard to nterpret, and a note-taker hired by the school can't take notes word for word. The note-taker also leaves out snideremarks that set the other kids laughing, leaving Solorzano out, too, she said.

So in May 2006, Solorzano and her family asked the school to provide a transcription service, which is used in several area high schools and colleges. A court-reporter style "captionist" would sit in class with Solorzano, typing what the teachers and students said word for word for her to read on a computer screen, or projected onto a classroom screen.

But the school disagreed, saying in court documents that captioning was unnecessary. It would also cost upward of $35,000 per year. The school offered other options, including a sign language interpreter and the note-taker.

So in November, the family sued, and they won in May. Glendora High School appealed last week.

Ted McNevin, the Glendora Unified School District's director of instructional and student support services, said he couldn't talk about Solorzano's case for confidentiality reasons, but spoke about special education programs.

"We have an obligation to provide students with what they need ... but we try to distinguish between what would be needed and what is just helpful," McNevin said. "That's where we sometimes get into disputes with families. They're not looking at it from an educational and legal point of view, they're looking at it from their hearts."

A transcript of a class would be used as a back-up if a student missed a part of a discussion, he said. Since it wouldn't be part of the main way of providing instruction, it falls into the "just helpful" category, he said.

And while the school can't consider the cost when deciding whether to provide a program such as transcription, the school would not get any new funding for the program, either, McNevin noted.

But a judge slammed the school for failing to meet Solorzano's needs. In the decision, Administrative Law Judge Clara Slifkin criticized the school for giving Solorzano a sign language interpreter, even though she is an oral learner and uses sign language only socially, not academically.

There is that attitude that I am fighting against..."Oh the chidl is oral and uses a CI, no need for a sign language terp!!! These people dont know jack shit! "

Slifkin also highlighted testimony by Sandy Eisenberg, who owns a captioning company, saying that captioning would improve Solorzano's lagging vocabulary skills and encourage her to use her voice more. Solorzano's mother, Jackie, said it would also help make her daughter more independent because she would begin to recognize the sound of more words once she could see them printed at the same time she hears them spoken.

The appeal could take one or two years, but Solorzano's attorney, David M. Grey, said federal laws will require the school to provide captioning during the appeal - but he will have to get a court order for it.

"We should be able to get an order within 60-90 days," Grey said. "So ... she's not going to get the service for the rest of this school year or during summer school."


Geez! I am so happy I work at a Deaf school that has all the resources necessary to meet all children's needs! I used to work at a public school that had a deaf program. It was HORRIBLE!!! Was so hard to get accodomations for these children and as a result, they suffer academically. Why is this still happening?
 
(Sarcasm) Because Shel...................it's perfectly OK if they just have minimal accomondations and are just plodding along. We wouldn't want them to really suceed(/sarcasm)
 
(Sarcasm) Because Shel...................it's perfectly OK if they just have minimal accomondations and are just plodding along. We wouldn't want them to really suceed(/sarcasm)

Yea or they really believe that just because the deaf children can speak so well, they arent missing out on what is being said. It was the exact same situation for me...the educators felt that since I was passing my tests and could speak well, they felt I didnt need accodomations. In fact, their idea of accodomation was making sure I sat at the front desk all the time but it doesnt help when the teacher walks around the room talking or when there is a full class discussion and all the kids are practically speaking over each other or they are too far away across the classroom for me to read their lips. It seems like this belief is even more enforced due to the media's misinformation about CIs "curing' deafness, u think?
 
As this case drags on and on via the appeals process; adults bickering, etc is time taken away from that child's development.
 
:topic: ... or more like back on topic... I thought that having a transcriber was covered under the ADA. It's up to the Deaf student's IEP how they will learn in the classroom. If all she needs is transcriber, I don't see the problem.

It's situations like this that get me steaming :mad:
 
:ty: for your support!

I am not anal about my English when I am just typing away on this site. I dont want to cuz I write so many reports, memos and blah blah so I do a lot of proofreading. Here, I am just relaxed and enjoying typing away. If this guy wants to be the spelling cop, so be it..who really cares! LOL!

I hear you! All I did was type and proof read at my old job. But when I type for myself I don't give a rat's a$$ if my grammer or spelling is correct. I usually type faster than my brain is working, so it happens a lot.
 
I thought that having a transcriber was covered under the ADA. It's up to the Deaf student's IEP how they will learn in the classroom. If all she needs is transcriber, I don't see the problem.
ADA yes, but the way that educational law is interpreted a school district can just give a kid minimal accomondations (ie perferential seating, FM device etc) and not be legally obliged to give any other accomondations.
 
:....

Here, I am just relaxed and enjoying typing away. If this guy wants to be the spelling cop, so be it..who really cares! LOL!

Oh yeah, it does not have to be perfect grammar on the forum. For work, that's different. We shouldn't worry about that. :blah:
 
That sucks that they doesnt accomdate the student with that.. just cuz they think they can get away with other things.. thats wrong.. no wonder they are cheap... sheesh..
 
Don't blame the school!

I can understand where that girl who wants CART in the classroom is coming from. It is absolutely ridiculous that they do not want to help. I don't see what the big deal is in providing CART to her.

It's a shame that the FEDS are not providing schools with enough money to fund services for people who would benefit from reasonable services listed in their IEPs. We have to completely blame the FEDS for causing messy situations in the schools for people like that girl. I'm serious! They spend billions on the space program, wars, etc.

I remember back in high school, my science teacher wanted students to complete class assignments that required filling in blank spots on paper while watching a video. I told the teacher that I could not do those assignments. Know what he said? "I'LL JUST TURN THE VOLUME UP." Stupid fool!! My friend even advocated on my behalf but it did not work. I should have went to the principle but I was young and did not know my rights.

If I only knew what I know now about the rights of children in school! I hope that girl wins her case . . . I mean she is just trying her best to get through school!!!

OhioGirl
 
If she doesn't know sign language, then how come they don't give her the CART she's asking for? Maybe I missed something somewhere along the way.....
 
If she doesn't know sign language, then how come they don't give her the CART she's asking for? Maybe I missed something somewhere along the way.....

Cuz an interpreter is probably cheaper. :dunno:
 
Cuz an interpreter is probably cheaper. :dunno:

Yeah, but how can an interpreter be cheaper if the gal can't sign work beans? Did you mean an oral interpreter? Is she "oral" enough to have an oral terp? If the information's not in the topic, naturally, I wouldn't expect you to know....
 
Yeah, but how can an interpreter be cheaper if the gal can't sign work beans? Did you mean an oral interpreter? Is she "oral" enough to have an oral terp? If the information's not in the topic, naturally, I wouldn't expect you to know....

The interpreter is cheaper than the CART..that's just my guess. I know as much as u do.
 
But . . . at the same time, if a person works doing a certain thing, such as proofreading, one would think they take enough pride in their work that it would show in their personal lives. I'm a writer on the side and I take my writing, no matter where it is, very seriously. I stand by what I said earlier. Glad she isn't teaching my kids. :) And I'm not being anal. ;):P

Wow...arent u judgemental? Thank goodness my boss loves me. At least he recognizes my passion for teaching. This forum is just for fun and to take what I type here to apply it to my profession is really anal. :roll:

U are a writer, I am not. BIG difference.
 
Personally, I'm on the schools side. She doesn't have any problem understanding her -teachers- according to the article, just students and side conversations.. some districts hardly have money for text books, but tax money should go to spending 30 thousand dollars a year to make sure she can take part in class jokes? No. If the problem was understanding academic content, I would be okay with her requesting such a service.
 
If she doesn't know sign language, then how come they don't give her the CART she's asking for? Maybe I missed something somewhere along the way.....

Like I said before, it's a school under the G.L.A.D. umbrella that favors the use of sign language interpreters over the other methods like CART used by the hard of hearing and the oral deaf.

Richard
 
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