School for the Deaf denies deaf child with Down Syndrome placement

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Bottesini said:
I think they are almost certain to accept deaf kids with mental handicaps.
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Exactly. There are numerous options available, and I can guarantee you that any administrative law judge will take one that is already available before they will mandate one to be put in place. For one thing, it takes time to develop a special program and staff it. What is the kid supposed to be doing for the 2-3 years it takes to get a special program up and running?
 
Babyblue said:
I know FSDB has a special needs dept for Deaf/Blind students.
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Yes, they do. And that is because they are a large, comprehensive program. Most deaf schools today are. They have had to expand because of the fact that the LRE is interpreted as the home school district and so many students that should be in a deaf school are mainstreamed. But there are still a few that cannot handle the special needs of a specific population. And, just because a school has a special needs dept. does not mean that a student won't be denied if their needs do not fit the criteria for admission.
 
Daredevel7 said:
No, it's actually a state funded school. Their enrollment seems REALLY low now, so I suspect that they have more leeway in acceptance because of this. That's just my opinion.

I don't know enough about special needs in deaf schools. However, I AM curious about one thing... what do HEARING kids with special needs do? Where do they go?
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Generally into the local school district's special ed programs.
 
CSign said:
No, I'm really not missing anything actually. It is not a private school, it is a large state special school and you cannot deny a student based on a secondary disability. Her primary category of eligibility is deafness, and even if it weren't she would still be entitled to peers and staff who use her primary mode of communication.

Honestly, I'm a bit surprised at the responses on this thread. Here is a deaf student who uses ASL as her primary mode of communication. Some are suggesting a severely handicapped class, with peers who may also have a cognitive disability but no hearing loss. So basically, she'd be in a class where at best she can communicate with her teachers. How is that appropriate exactly?
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You have your opinion, but your opinion in no way is expert. I've been doing this for 25 years, and I can warn you, very realistically, that the opinions you hold will easily be shot down as irrelevent by an administrative law judge.

I'm curious. Why won't you tell us which school you are referring to?
 
Daredevel7 said:
No, it's actually a state funded school. Their enrollment seems REALLY low now, so I suspect that they have more leeway in acceptance because of this. That's just my opinion.

I don't know enough about special needs in deaf schools. However, I AM curious about one thing... what do HEARING kids with special needs do? Where do they go?
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I know it's a State Special School, I'm saying that a private school might have more leeway but they still cannot discriminate. Hearing kids with special needs go to a variety of placements, including SDC's and partial/fully mainstreamed. Just depends on the student.
 
CSign said:
I know it's a State Special School, I'm saying that a private school might have more leeway but they still cannot discriminate. Hearing kids with special needs go to a variety of placements, including SDC's and partial/fully mainstreamed. Just depends on the student.
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A private school has even less leeway than a state funded school does.

And this is not a case of discrimination.
 
No, DP would be against the school for the deaf actually.
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You obviously didn't consult an attorney. You fail to understand the legal cause of action.

I can't help but wondering whether part of the issue here is that hearing people have the attitude that Deaf kids are impaired anyway, so what's the problem with adding a kid with a mental impairment. It may be a symptom of not expecting academic achievement from Deaf kids.
 
sallylou said:
You obviously didn't consult an attorney. You fail to understand the legal cause of action.

I can't help but wondering whether part of the issue here is that hearing people have the attitude that Deaf kids are impaired anyway, so what's the problem with adding a kid with a mental impairment. It may be a symptom of not expecting academic achievement from Deaf kids.
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Thank GAWD you finally showed up!!:giggle:

And I think that is a big part of the problem. Especially since it continues to be asserted that deafness is the primary disability.
 
jillio said:
You have your opinion, but your opinion in no way is expert. I've been doing this for 25 years, and I can warn you, very realistically, that the opinions you hold will easily be shot down as irrelevent by an administrative law judge.

I'm curious. Why won't you tell us which school you are referring to?
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Jillio- you might have a few years on me but I'm fully aware of what this situation entails. My opinions are my opinions, but the facts are the facts. ALJ's typically rule in favor of the LEA, if this case goes to DP I am almost certain they will rule in parents favor.

If they don't, rest assured the attorneys who have taken the case are prepared to go to Federal Court if need be- that's how confident they are. Attorneys don't take a case on a contingency if they aren't confident they will prevail.
 
I think that's a huge part of the problem.:thumbd:
 
You can infer on your own what school I might be talking about. I'm not going to call it out by name unless it goes to DP.
 
sallylou said:
You obviously didn't consult an attorney. You fail to understand the legal cause of action.

I can't help but wondering whether part of the issue here is that hearing people have the attitude that Deaf kids are impaired anyway, so what's the problem with adding a kid with a mental impairment. It may be a symptom of not expecting academic achievement from Deaf kids.
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I fully understand "the legal cause of action." I've been there, done that. You obviously didn't read all the posts, as a well respected law firm has taken the case. This firm also has first hand knowledge of the kinds of things that go down at this school, as they've gone to Federal Court against them.

Your last comment is in fact indicative of the way they view this student- she can't achieve anything because she has Down syndrome.
 
jillio said:
That is unrealistic. The school system is not obliged to offer peers that sign, nor staff that signs. They are simply obliged to provide equal access to academic content. That can be accomplished with a terp. You are misinterpreting the LRE compared to the way the law interprets the LRE. The LRE is always considered to be the home school district with accommodation. You are in for a fight trying to get them to see it otherwise.

Not trying to discourage you, just warning you to be prepared. And if this lawyer has no experience with deaf placement options, you better start gathering stacks and stacks of research to support your position.
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I think you might need to brush up on your knowledge re Ed Codes, IDEA etc.
The school system is obliged to provide staff and peers who are proficient in the Childs Primary Mode of Communication, which in this case is ASL.
 
I offer no opinion on what this child's capabilities. You're the one who asserts an opinion, and you're hardly an expert.
 
jillio said:
How did you manage to file a complaint on the parent's behalf. And which school are you suing? The home district, who has in reality, been the one to fail to provide appropriate placement and/or accommodations, or the deaf school that is simply in a contractual position with home school districts? Due process would be against the home school district.
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Anyone can file a compliance complaint if they are aware an educational agency is out of compliance. In this case, the family has brought me in as an advocate.

I'm not saying the home district doesn't carry any responsibility at all, but ultimately it's the School for the Deaf that closed the doors on the student.
 
Great, not another case of the Dunning-Kruger effect.
 
Anyone can file anything. That means absolutely nothing.
 
CSign said:
Jillio- you might have a few years on me but I'm fully aware of what this situation entails. My opinions are my opinions, but the facts are the facts. ALJ's typically rule in favor of the LEA, if this case goes to DP I am almost certain they will rule in parents favor.

If they don't, rest assured the attorneys who have taken the case are prepared to go to Federal Court if need be- that's how confident they are. Attorneys don't take a case on a contingency if they aren't confident they will prevail.
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A few years experience, and a great deal of relevent knowledge. And sallylou, BTW, is an attorney. You would do well to listen to her, as well. It will save you countless hours of needless frustration and a lost case.

And where will the child be placed while you spend years tied up in the court system over this issue? Isn't the child's education the priority?
 
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