Deaf students file lawsuit over fee for driver's ed interpreter

Miss-Delectable

New Member
Joined
Apr 18, 2004
Messages
17,160
Reaction score
7
http://www.duluthsuperior.com/mld/duluthsuperior/news/politics/14275564.htm

A group of deaf teenagers are suing five driving schools in central Minnesota, claiming the schools violated federal and state human rights laws by refusing to provide sign language interpreters.

The teenagers' families, some of whom have spent thousands of dollars to hire their own interpreters, say they are seeking justice for all deaf kids.

"I hope we win the case," said Heather Breitbach, a deaf 16-year-old. "But I also hope a new law gets established so all future deaf kids can take driver's ed with an interpreter and not have to fight in court about it."

For Breitbach, of Melrose, it took a year and cost her family several thousand dollars for an American Sign Language interpreter.

Breitbach and four other deaf teenagers filed a lawsuit in U.S. District Court in Minneapolis last week. It seeks a minimum of nearly $300,000 in punitive and compensatory damages.

School owners say they want to do the right thing, but the cost is high - as much as 10 times the cost of the course. Since the suit was filed at least two schools have said they will begin paying for interpreters.

The teens' attorneys claim state and federal laws make such accommodations mandatory.

"Since many public schools no longer offer driver's education, convincing private driver's education schools to provide interpreters has become a recurrent issue," said Bruce Hodek, director of the Deaf and Hard-of-Hearing Services Division of the Minnesota Department of Human Services.

The U.S. Department of Justice settled a similar case against a Wisconsin driving school in 1999. In that case, Wold Driving School of Wausau was found in violation of the Americans with Disabilities Act and ordered to reimburse a deaf student for interpreter costs.

Midwestern driving schools usually charge between $250 and $300 for 30 hours of classroom time and six hours of behind-the-wheel training. It would cost about $3,000 to get an interpreter for that many hours.

"We don't make multimillions," said St. Cloud Mayor Dave Kleis, owner of Central Minnesota Driving Academy, another school named in the case. "We're barely in the multithousands."

Since the suit was filed, Kleis' school and the Superior Driving Academy in Sauk Rapids said they have agreed to cover interpreter costs. Superior Driving Academy will reimburse interpreter costs for Breitbach and Amelia Boos, another deaf student who attended class there. The families paid for interpreters on their own after, they say, the school initially refused.

"We couldn't wait any longer," said Della Breitbach, Heather's mother. "Heather really wanted to take driver's education. She wanted to participate in work-study, but she couldn't because she didn't have the transportation."

The Breitbachs live about 40 miles from St. Cloud Apollo High School, where Heather is a junior.

Her deaf friends consider her lucky.

"Heather has a chance," said 19-year old Ashley Antonelli of Rice, another plaintiff. "I've missed out on a lot of things between 16 and 19 because I didn't have my drivers license," she said in sign language.

Antonelli's stepfather drives her to and from St. Cloud Technical College, where she is studying carpentry.

Antonelli has been trying to get her license for several years.

"I have to depend on my parents like a baby. I'm not a baby, I'm 19 years old," she said.

Over the past year, the deaf students and their parents met with representatives of the five schools to try to reach an agreement, said attorney Rick Macpherson of the Minnesota Disability Law Center, an attorney representing the families.

Both sides proposed that all the deaf students come to one school and have all the schools share the cost of an interpreter.

"Initially there was a positive response, but as we moved into the practical phase of trying to get things going, everything stopped," said Macpherson. That's when the families decided to sue.

"There may be a need for the state to be looking for a longer-term solution here, to spread the cost around," Macpherson said. "Until that happens, there has to be a way to get these kids the instruction they need. It's in everyone's best interest."
 
Back
Top