Parents of a deaf student plan to sue SAU 16 for not providing an adequate education

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Parents of a deaf student plan to sue SAU 16 for not providing an adequate education | SeacoastOnline.com

Beth Petit made a desperate plea to the Cooperative School Board Tuesday night.

After months of negotiations with the school district regarding her deaf son Hunter's individualized education plan — a document outlining a disabled student's educational status and objectives — the mother of three decided to share her struggle to define the way he communicates with educators and peers.

The chosen mode, either strictly aural or a combination of aural and sign language, could determine whether Hunter completes his final year at the Cooperative Middle School or at another facility at the district's expense.

Petit hopes her son will attend the Clarke School for Hearing and Speech, a costly but intense and highly specialized residential program in Northampton, Mass.

"What I'm asking tonight is to have special education administrators ignore the (school district) attorney's opinion and allow and support (Hunter's) chosen mode of communication," Petit said.

"Your advocacy for your child is very impressive, but I'm not sure the board has the expertise and background information to form an opinion," School Board Chairman Townley Chisholm told Petit after SAU16 Superintendent Michael Morgan advised the board not to discuss the matter during a public meeting.

Morgan informed Petit on Wednesday of the board's decision not to act on her request, which was addressed during a non-public session Tuesday night.

What Petit brought up during the public comment portion of Tuesday night's School Board meeting, just cracked the surface of a controversy dating back to the early 2000s.

In 2003, after a lengthy court battle with the district, a federal judge awarded Petit and her family legal fees and approximately $1,800 in travel expenses and other costs associated with the programming of her son's cochlear implant — a surgically implanted device that sends auditory signals to the brain providing a sense of sound to the profoundly deaf.

Hunter was 6 at the time and a student at Stratham Memorial School. Now, at 13, he is entering eighth grade at Cooperative Middle School where his mother said he is slipping behind — functioning at a third-grade reading level and struggling to communicate.

When Petit decided to give her son a cochlear implant at age 2, it was her hope that he would be able to function in an auditory society. The Petit family never learned sign language.

Petit alleges that members of the district's special education program admitted during IEP meetings that CMS cannot provide an adequate education utilizing a strictly auditory mode. The district's solution, she alleges, is to incorporate sign language into Hunter's educational goals and continue teaching him at CMS.

"They're saying because they can't teach him aurally they want to add sign language," she said. "That's like saying 'if your son isn't learning English I'm going teach him Latin. Does anybody else in the community speak Latin? It isn't going to help him communicate with his peers."

Petit began researching alternatives when she realized how far behind her son had fallen. After she and the district explored a number of schools with programs for deaf children, Petit settled on the Clarke School, which would cost the district around $100,000 per year.

This summer, the district sent Hunter to a two-week residential program at the Clarke School, which cost about $1,300. According to Petit, the program was more rigorous than what her son has experienced at CMS.

"He has a crutch at Stratham. He hasn't learned to be independent," she said. "He's so behind that he needs an intense program with people trained in deaf education."

Petit wants Hunter to attend the Clarke School for one year, where she said he might catch up enough to attend Exeter High School.

According to Petit, the district has other plans.

"It all comes down to money. They don't want to pay," she said.

Petit said if she can prove to the court that Hunter can't receive an adequate education from CMS and the Clarke School is the only place he can; the district may have no choice in the matter.

An argument over the difference between a child's mode of communication and the methods used to teach him has already taken center stage in the debate.

The 2002 Hunter P. vs. the Stratham School District ruling states that the parents of a deaf child, not the school district, make decisions respecting the mode of communication their child will use. Petit said her correspondence with the district's lawyer suggests the district plans to dispute whether the hearing officer's ruling in the original case applies today.

Wednesday morning, Petit learned of the School Board's decision to take no action on her request. By Wednesday evening, she had already rounded up boxes of documents and taped meetings with administrators — preparing for what could be another long round of legal battles.

"I'm dumbfounded," she said of the district's willingness to engage in another court case. "They already wasted over $100,000 the first time."

Morgan, who spoke as the district's spokesman regarding Hunter, said he is not allowed to comment publicly on the specifics regarding any child's education.

"We treat the matters of student confidentiality very seriously," he said. "The board took no action because when you're not happy with a special education procedure there is a process you can follow and the idea of circumventing the process is in nobody's best interest."

Petit said she refrained from filing a lawsuit until now because she hoped to settle the matter outside of court before school started.

"They dragged their feet. I was hoping he'd be going to Clarke but they're working against that. I can see that more and more now," she said.

Once she compiles the necessary paperwork, Petit plans to officially file suit against the district.

Hunter will attend CMS when classes start next week.

"I'm afraid that we might miss our opportunity to send him (to Clarke School)," she said. "I don't know what's going to happen, but I can't wait any longer."

Wow, the school district believed that sign language would help Hunter. But the parents are rather foolish to believe that Clarke will benefit Hunter especially when he's struggling academically in the setting he is in now, and is having trouble communicating. I believe this family's just too lazy to learn ASL, and is still in denial to accept that Hunter won't be a oral success child.
 
I agree with you. Yet another parent who was convinced that oral only and mainstreaming will equalize a dhh kid 100%. It really does seem that a lot of suburban parents look at the AG Bell overacheivers (the type who go off to Name Brand College, and who just need minimal accomondations) The parent is SO in denial. Her son ALREADY has speech skills.....and I can pretty much guess that her son's social skills are really poor, so he's prolly gonna have a horrible time in middle school. The sad thing is that there are probaly TONS of kids like her son out there....they're just dog paddling around in the mainstream b/c the attitude was that they don't " need" ASL.
 
Not another one..oh boy. :roll:
 
Oh, and WHY is it that the parents of oral only kids feel SO entitled to best of the best education? HELLO! We are in a freaking RECESSION....EVERYONE's struggling!!!!! -
So you learned that mainstreaming and oral only didn't give your kid all the advantages? You should be suing AG Bell not the goddamn school system!
 
Oh, and WHY is it that the parents of oral only kids feel SO entitled to best of the best education? HELLO! We are in a freaking RECESSION....EVERYONE's struggling!!!!! -
So you learned that mainstreaming and oral only didn't give your kid all the advantages? You should be suing AG Bell not the goddamn school system!


Good point.

Besides where is she getting the money to sue all the times?

Someone needs to find a needle and pop that delusion Mrs Petit's labouring under and burst it wide open.
 
and she's VERY anti ASL!!!!!! It's clear that the school has had some experiance in educating dhh kids...and maybe even the TOD might have been thinking " Oh maybe if we introduce ASL he can do better"
 
ADers, I am with you 100% agreement. This continuing with the hearing parents and also medical professional along with AG Bell has been ongoing for a long time and we are still the one to teach them just like we have here on AD to try to explain why we need the sign language like ASL, BSL, and other country sign languages. No hearing person should not deprive us of no sign language, if they want oral-only programs. What a shame. (sigh) :roll:
 
Residental school? does that mean he been staying at a dorm? if so, that's probably where the high cost is coming from.
 
Oh, and WHY is it that the parents of oral only kids feel SO entitled to best of the best education? HELLO! We are in a freaking RECESSION....EVERYONE's struggling!!!!! -
So you learned that mainstreaming and oral only didn't give your kid all the advantages? You should be suing AG Bell not the goddamn school system!

If the school can not provide an appropriate oral only class, with a teacher of the Deaf (which he clearly needs if he is reading at a thrid grade level), then they are REQUIRED by law to send him to a program that IS providing that.
 
I can imagine them putting alot of pressure on him to catch up for high school. Anyway, the boy is 13, why don't they ask what he think is best? Shouldn't he tell his school he want to learn sign language, even for elective (like French) ? It's pretty much too late for him to start over again with language. So he will have to stick with what he is familiar with. but it is pretty risky to keep him whatever made him delayed in the first place because he could still be in a third grade writing by graduation. he have been hearing with his CI for a long time now, he should be able to listening to learn by now. He may always struggle to keep up with his peers even with clark school. They may be able to help him somewhat, but he will be playing catch up for the rest of his life. This is what happen when parents think CI is a cure and think their deaf child can learn just like hearing children. It's a lot of work. And deaf children probably don't even like speech and hearing being the only focus when they could have ASL.
 
If the school can not provide an appropriate oral only class, with a teacher of the Deaf (which he clearly needs if he is reading at a thrid grade level), then they are REQUIRED by law to send him to a program that IS providing that.

If I remember right, this school has a oral program for the deaf, so it would be safe to assume there is a TOD in attendance.

Is it the school's fault that Hunter's not doing well academically and communication wise? No, they even went as far to suggest that Hunter should be learning in ASL and even instructed in lessons by ASL.

It's the mother's damn fault because she knew he's behind and falling further each day and yet, she didn't change any communication or educational methods to meet Hunter's needs.

She just decided to have him attend Clarke's but does not want to foot the bill, so she'll try and have the school district pay. As deafdyke pointed out America is in a severe recession so it's not a good time to go around demanding expensive services for a child who has not blossomed under the exact same communication method.

The question is will Clarke accept him once they have seen how far behind he is? I doubt they would want to take a risk and face being sued years later by Mrs Petit for not helping Hunter improve.

Deafgal001, you're right, the mother should be asking Hunter if he wants to learn ASL and if he says yes then she should be ensuring that he gets the chance to learn ASL.

FairJour, you seem to think the schools should be doing everything to help deaf children thrive in every aspects. Well, for most parts, yes, they should be educating the child, however parents also bears the responsibility to ensure the child's learning and also do the educating, and not to dump everything on the school's laps after all, everything starts at home first and foremost.
 
Clarke already have accepted him when the district paid for it for summer. But it lasted about two weeks.
 
If the school can not provide an appropriate oral only class, with a teacher of the Deaf (which he clearly needs if he is reading at a thrid grade level), then they are REQUIRED by law to send him to a program that IS providing that.

That's fine but what if the child is not picking up by being oral-only hence the possible reason for that school adding sign language to the child's educational placement? That is what makes the whole thing a shame. It should be about the CHILD's needs, not the parents'. I know you put the parents' needs first which is why we wont ever agree on this issue.
 
That's fine but what if the child is not picking up by being oral-only hence the possible reason for that school adding sign language to the child's educational placement? That is what makes the whole thing a shame. It should be about the CHILD's needs, not the parents'. I know you put the parents' needs first which is why we wont ever agree on this issue.

Totally agree on the bolded part! :)

And ... The family in this legal case do not know sign. And they want to place all the communication and educational failures on the school? :roll:
 
faire joure, you are ignoring the fact that there's NO reason why a dhh kid with oral skills cannot learn ASL!!!!!!! He has oral skills....he's not an oral failure...but many dhh kids learn ASL as a second language or to help them!
You're also missing the point that there prolly are local Deaf Ed programs which can serve him. The private oral only programs are NOT the only ones out there!
 
faire joure, you are ignoring the fact that there's NO reason why a dhh kid with oral skills cannot learn ASL!!!!!!! He has oral skills....he's not an oral failure...but many dhh kids learn ASL as a second language or to help them!
You're also missing the point that there prolly are local Deaf Ed programs which can serve him. The private oral only programs are NOT the only ones out there!

And you don't realize that that no one in the school gets to decide what language the child will use. If the family wants oral only the school can't choose to disregard that.
 
Maybe it isn't about teaching him a new language. Sometimes they can use a method they feel does work. How do you know it is ASL... it could simply be SEE, a visual mode of English... No different than visual phonic.

some deaf do need help with concept if they struggle to understand what they are reading and writing and ASL does help them with that
 
faire jour, No. I do understand. But apparently formal academic testing and the reccomendations of a TOD has indicated that he would much more strongly benifit from ASL. This is not a little kid (3 4 5 or 6 year old) who needs a more intense oral program. This is an almost teenager. Besides, if the boy needed Clarke so badly, then how come they waited so long? Also, Clarke is going to be very limited as to what it can offer, since we don't have a Mary Hare Grammar School in this country (K-12 oral school in the UK) He could go to ASD.....ASD offers intense oral training. Heck many if not most Deaf schools do.
 
Maybe it isn't about teaching him a new language. Sometimes they can use a method they feel does work. How do you know it is ASL... it could simply be SEE, a visual mode of English... No different than visual phonic.

some deaf do need help with concept if they struggle to understand what they are reading and writing and ASL does help them with that

They say ASL.
 
faire jour, No. I do understand. But apparently formal academic testing and the reccomendations of a TOD has indicated that he would much more strongly benifit from ASL. This is not a little kid (3 4 5 or 6 year old) who needs a more intense oral program. This is an almost teenager. Besides, if the boy needed Clarke so badly, then how come they waited so long? Also, Clarke is going to be very limited as to what it can offer, since we don't have a Mary Hare Grammar School in this country (K-12 oral school in the UK) He could go to ASD.....ASD offers intense oral training. Heck many if not most Deaf schools do.

Many Deaf schools offer speech therapy. That is VERY different from immersion in spoken language and AV therapy.
 
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